@misc{9228039,
  abstract     = {{This thesis analyses the introduction of psychological violence as a predicate offence to the violation of a child’s integrity (barnfridsbrottet). Focus is placed on interpretative issues arising in relation to the requirement of “witnessing” and on whether the regulation can be considered to provide effective
protection for children. The analysis adopts a children’s rights perspective considering central criminal law principles.

Unlike previous predicate offences, which consist of individual and temporally limited acts, psychological violence is characterised by a pattern of repeated conduct. This means that acts which, taken individually, would not be punishable for a child to witness may, when considered together, give rise to criminal liability. This raises questions regarding how the requirement of witnessing should be understood in this context.

The analysis demonstrates that the introduction of psychological violence as a predicate offence alters the framework of the violation of child’s integrity in a way that gives rise to significant interpretative difficulties. Since psychological violence consists of a pattern of multiple acts, it becomes unclear what
the child must have witnessed, thereby leaving considerable discretion for legal practitioners. These risks lead to unclear boundaries between punishable
and non-punishable acts and thereby affect the foreseeability.

The identified interpretative difficulties further raise questions regarding compliance with the principle of legality and the effectiveness of the provision. Although there is currently no case law and firm conclusions cannot yet be drawn, the analysis suggests that the practical impact of the regulation may be limited. There is also a risk that the provision acquires a partly symbolic function, whereby a formal recognition of the child’s victimisation does not
correspond to an actual and effective level of protection in practice.

In conclusion, the analysis shows that the regulation constitutes an important recognition of children’s vulnerability. However, its appropriateness, effectiveness and legal certainty will largely depend on how the requirement of “witnessing” is interpreted in future judicial practice.}},
  author       = {{Löfgren, Junie}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Att bevittna det osynliga: Införandet av psykiskt våld som grundbrott till barnfridsbrottet}},
  year         = {{2026}},
}