Two girls are suspected of involvement in a murder in Landskrona. Despite being suspected of the same crime and being almost the same age, they risk completely different penalties.
The one can get prison and the other cannot, says Amanda Lublin, Ph.D. student in criminal procedure law at Stockholm University.
A 15-year-old girl has been arrested, suspected of murdering a high school-aged girl in Landskrona.
Another girl figures in the investigation as a suspect for the same crime. But the girl is under 15 years old and cannot be detained or convicted.
You cannot initiate a preliminary investigation. Instead, you initiate a crime investigation, which is regulated by another law, says Amanda Lublin, who specializes in young offenders.
Decisive differences
The process for children under 15 years old resembles a regular criminal trial. A prosecutor conducts a so-called evidence inquiry and examines intent and circumstances. However, there are decisive differences, emphasizes Lublin.
The process is often held behind closed doors, and it should preferably be judges and lay judges who are experienced in dealing with young offenders.
The biggest difference is that children under 15 years old cannot be punished. The decision is instead used as a basis for social authorities.
If there is a trial against the 15-year-old, a parallel evidence inquiry can be conducted against the younger girl at the same time, if the prosecutor requests it. The outcome for the two will, however, be different if they are convicted, where the younger girl cannot be found guilty.
Instead of saying that someone is guilty, you say that it is either established or not established.
As soon as a person turns 15 and becomes criminally liable, imprisonment can be imposed as a penalty.
The only thing that differs in the penalty scale is that you cannot get life imprisonment. The most common is that they are sentenced to something called closed youth care. In certain special cases, you can be sentenced to prison.
"Extremely unusual" case
It is extremely unusual for prosecutors to bring charges against children under 15 years old in Sweden. However, since a new law came into force last year, it has become more common, says Lublin.
Previously, it was up to the National Board of Health and Welfare or guardians to request that charges be brought. Now it is up to a prosecutor.
Bringing charges against children under 15 years old is still not considered unless it is so serious that it carries at least five years' imprisonment, says Lublin and continues:
Since 1965, we are talking about between 10 and 20 cases. But I have never seen them investigate a girl under 15 years old. So it is extremely unusual.
Corrected: In an earlier version, there was an incorrect crime classification in the arrest.
