The government wants to reform the presentation of evidence in court

Today's criminal process is not adapted to a society with larger gang targets, new technology and that a story is as clear as possible shortly after the event.

This is the opinion of the government's investigator and President of the Court of Appeal Fredrik Wersäll in his investigation from 2017.

Four years later, the government is now proposing that the process for evidence in court be redone, says Minister of the Interior Mikael Damberg (S) at a press conference.

The government is now making a referral to the Law Council.

Reform from 1948

The proposal is about changing a cornerstone of the legal process, the so-called principle of immediacy, which was introduced in a reform in 1948. It assumes that the court may only take into account the evidence presented during a main hearing.

For example, this means that a video interrogation that is done with a person in a relationship case minutes after the police have arrived at the home is not used in court.

Instead, the hearing is resumed with the plaintiffs during the hearing itself.

- Some women may feel pressured or forced to take back information they have provided during interrogation, says Mikael Damberg.

He does not want to abandon the principle of immediacy, but he also points out that it is unnecessary to do things twice.

Damberg also claims that the proposal may mean shorter detention periods.

Criticism of the proposal

Referral bodies that have analyzed the investigation point out that the proposal only applies to criminal cases.

If introduced, a fundamental difference would arise between the legal process in criminal cases compared to civil cases.

Some also remark that early interrogations would not have to take place under oath and that witnesses might then not understand the meaning of their story in the same way as in court.

The Court of Appeal for Upper Norrland even believes that the disadvantages outweigh the advantages.

The Moderates' legal policy spokesman Johan Forssell welcomes the proposal.

- This is something we have been looking for for a long time.

In the light of gang crime, it would have been better if this had already been in place, but better late than never.

According to Damberg, the government has taken on board the criticism and reshaped the proposal.

Interrogations must be recorded with audio and video and then played back at the trial.

If the bill passes, it is proposed to enter into force on 1 January 2022.