Fact: Intended as motivation
The possibility of receiving a lower sentence if one provided information that is of essential importance for investigating the sentence was introduced in the Criminal Code in 2015. The possibility of a lower sentence is intended to act as a motivation for a suspect to tell about his criminality and thus facilitate the investigation work.
This summer, a new provision was introduced which means that you can get a penalty discount not only if you tell about crimes you yourself have committed, but also about other people’s crimes.
Source: The Public Prosecutor’s Office
Both men are convicted of, among other things, serious drug offenses and serious weapons offences. According to HD, the punishment corresponds to six and five years and ten months in prison, respectively, but the court now sentences them to four and three years and ten months in prison, respectively.
The reason the sentence is reduced is that the men have provided information about their own criminality which was decisive for the investigation.
It was in October and November last year that the men contacted the police and told them that they were forced to sell drugs and that they feared for their lives. The information prompted the police to conduct a search of the men’s residence where, among other things, narcotics and a gun were found.
Five years imprisonment
In both the district court and the court of appeal, the men were sentenced to just over five years in prison. However, the men believed that the courts had not taken sufficient account of how they contributed to the investigation and that the punishments were therefore too high.
The National Prosecutor also shared that view and said that the sentence reduction should be “quite substantial” if you want to increase the incentive for criminals to help solve crimes. According to the National Prosecutor, the reduction in a case like this should normally amount to around 30 percent of the penalty value.
Now the High Court gives the men the right and lowers the sentence by two years.
Of importance for how much the penalty should be reduced is, among other things, how extensive participation in the investigation has been and what information has been provided. It is particularly significant if the crimes could not have been resolved without participation, says HD.
“Even the seriousness of the crime in question should be given importance,” writes the court in a press release.
Welcome the verdict
Deputy Attorney General Katarina Johansson welcomes the High Court’s decision, which will now become a guide for the country’s district and appeal courts.
“The possibility of a lower sentence is supposed to act as a motive for suspects to choose to tell rather than remain silent. For it to work, it is necessary that they can expect a relatively large reduction of the sentence if they participate. It has previously been unclear how large a reduction may be in question. It is gratifying that the Supreme Court shared my view on the size of the sentence reduction,” says Deputy Attorney General Katarina Johansson Welin in a press release.