Utrednings- och beviskravet
(2013) LAGF03 20131Department of Law
- Abstract
- By using an analyzing and critical point of view this essay aims to enlighten the reader on central aspects of the Swedish criminal trial procedure, in particular regarding matters of evidence. The purpose of the thesis is to explain the established law in relation to the standard of criminal investigation and standard of proof that have to be achieved as a condition for a convicting sentence.
The standard of criminal investigation is measured in quantity, which means an amount of evidence has to be collected before it is to be achieved, whereas the standard of proof is measured in quality, which means that the content of the evidence is to be evaluated. The standard of criminal investigation has to be met as a condition for the court to... (More) - By using an analyzing and critical point of view this essay aims to enlighten the reader on central aspects of the Swedish criminal trial procedure, in particular regarding matters of evidence. The purpose of the thesis is to explain the established law in relation to the standard of criminal investigation and standard of proof that have to be achieved as a condition for a convicting sentence.
The standard of criminal investigation is measured in quantity, which means an amount of evidence has to be collected before it is to be achieved, whereas the standard of proof is measured in quality, which means that the content of the evidence is to be evaluated. The standard of criminal investigation has to be met as a condition for the court to continue the criminal trial procedure and move on to the second standard, which is the evaluation of the content of the evidence to see if the standard of proof is achieved.
The standard of criminal investigation can vary depending on the severity of the crime and an eventual confession made by the defendant. The standard on proof however is constant, and consequently doesn’t depend on neither the severity of the crime nor an eventual confession by the defendant. The standard of proof is achieved when the indictment is proved beyond reasonable doubt, and this standard is applicable in all criminal cases.
Examples of severe crimes that demand a higher standard of criminal investigation are murder, rape and kidnapping whilst as a less severe crime can be listed e.g. shoplifting and minor cases of harassment and property damaging. As a consequence of the variation of the standard of criminal investigation, the investigation must comprise of a wider amount of evidence in a murder case than in a shoplifting case, thus a confession will have more value of evidence in the shoplifting case as compared to the murder case. Because of the high value of evidence confessions possess in minor offences, the existence of false confessions may lead to innocent confessors being convicted. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/3801007
- author
- Muhaxheri, Driljon LU
- supervisor
- organization
- alternative title
- En studie i hur kraven på bevisning kan påverkas
- course
- LAGF03 20131
- year
- 2013
- type
- M2 - Bachelor Degree
- subject
- keywords
- Utredningskrav, beviskrav, erkännande, bevisvärde
- language
- Swedish
- id
- 3801007
- date added to LUP
- 2013-09-11 14:24:43
- date last changed
- 2013-09-11 14:24:43
@misc{3801007,
abstract = {{By using an analyzing and critical point of view this essay aims to enlighten the reader on central aspects of the Swedish criminal trial procedure, in particular regarding matters of evidence. The purpose of the thesis is to explain the established law in relation to the standard of criminal investigation and standard of proof that have to be achieved as a condition for a convicting sentence.
The standard of criminal investigation is measured in quantity, which means an amount of evidence has to be collected before it is to be achieved, whereas the standard of proof is measured in quality, which means that the content of the evidence is to be evaluated. The standard of criminal investigation has to be met as a condition for the court to continue the criminal trial procedure and move on to the second standard, which is the evaluation of the content of the evidence to see if the standard of proof is achieved.
The standard of criminal investigation can vary depending on the severity of the crime and an eventual confession made by the defendant. The standard on proof however is constant, and consequently doesn’t depend on neither the severity of the crime nor an eventual confession by the defendant. The standard of proof is achieved when the indictment is proved beyond reasonable doubt, and this standard is applicable in all criminal cases.
Examples of severe crimes that demand a higher standard of criminal investigation are murder, rape and kidnapping whilst as a less severe crime can be listed e.g. shoplifting and minor cases of harassment and property damaging. As a consequence of the variation of the standard of criminal investigation, the investigation must comprise of a wider amount of evidence in a murder case than in a shoplifting case, thus a confession will have more value of evidence in the shoplifting case as compared to the murder case. Because of the high value of evidence confessions possess in minor offences, the existence of false confessions may lead to innocent confessors being convicted.}},
author = {{Muhaxheri, Driljon}},
language = {{swe}},
note = {{Student Paper}},
title = {{Utrednings- och beviskravet}},
year = {{2013}},
}