@misc{9228016,
  abstract     = {{This thesis examines the proposal in SOU 2025:66 to extend the presumption for pretrial detention in the Swedish Code of Judicial Procedure (1942:740) to include attempt, preparation, and conspiracy to commit offences carrying a minimum sentence of four years imprisonment. The purpose of the thesis is to investigate to what extent the proposal is compatible with the presumption of innocence in swedish pretrial detention proceedings. The issue is also analysed from a rule of law perspective based on Aleksander Peczenik’s theory of formal and substantive legal certainty.
The thesis concludes that the proposal serves a legitimate purpose by strengthening the possibilities for effective administration of justice in cases involving serious and organised crime. At the same time, several legal concerns are identified. The analysis shows that the presumption risks being based on abstract assessments of the completed offences´ penalty scale rather than on concrete circumstances in the individual case. This is particularly evident in cases of preparation and conspiracy, where uncertainty regarding intent and offence classification is greater. Furthermore, the reversed burden of proof and the high evidentiary threshold significantly limit the possibility of avoiding detention. The conclusion is therefore that the proposal is only partially compatible with the presumption of innocence.}},
  author       = {{Brocknäs, Axel}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Mellan rättsskipning och rättssäkerhet En rättssäkerhetsanalys av förslaget i SOU 2025:66 om utvidgad häktningspresumtion för osjälvständiga brottsformer}},
  year         = {{2026}},
}