Åtalsuppgörelser i svensk rätt - en främmande fågel?

Negotiations between the prosecutor and the suspect is often associated with Anglo-American legal systems, where so-called plea bargaining dominates criminal procedures. Plea bargaining as a procedural instrument has spread to Europe but is still a foreign phenomenon in Sweden. Historically, the legislator has rejected a procedure that allows the parties of the criminal case to negotiate. The threat against the rule of law has been considered problematic and the disadvantages of plea bargaining have outweighed any benefits in terms of efficiency. The few opinions regarding plea bargaining expressed in doctrine also indicate that the procedure´s be or not to be is about a balance between efficiency and the rule of law. Today’s trend towards an increase in crimes that are advanced and difficult to investigate means that available recourses must be used effectively. The thesis therefore examines if plea bargaining could function as a tool for the authorities within the judicial system, and thus contribute to the effectiveness of the criminal procedure. Due to the starting point, that the rule of law takes a superior position, the thesis also examines how plea bargaining relates to the individual´s legal guarantees and the criminal procedure. The Swedish rules on preliminary investigation are being examined and it is concluded that there are several exceptions from the absolute obligation to investigate and prosecute crimes. In the light of precedents from the European Court of Human Rights it is shown that procedural agreements are allowed if they meet certain conditions. Furthermore, it is investigated how the Finnish system with plea bargaining is structured. In this matter it has been shown that the Finnish regulation meets the requirements of the European Court of Human Rights and constitute a compromise between efficiency and the rule of law. Therefore, the Finnish law can serve as a model for how a potential Swedish procedure with plea bargaining could appear. Lastly it is concluded that plea bargaining could function as a sharp tool to solve crimes that are difficult to investigate. An agreement between the prosecutor and the suspect saves time and money. This while the resources can be concentrated on investigating other crimes. But plea bargaining also involves a risk concerning the rule of law and gives the state the opportunity to affect the individual in an improper way. In a democratic state governed by law, it is important that the citizens are protected and treated respectably in the criminal procedure. This leads to the conclusion that plea bargaining can´t contribute to a more effective legal system without jeopardizing the rule of law.