New law in Sweden allows evidence proceedings against children under 15 suspected of serious crimes

In July 2023, a new law came into effect in Sweden allowing prosecutors to independently initiate evidence proceedings against children under 15 years of age, who are not criminally liable, suspected of serious crimes. This means that courts will determine through legal proceedings whether the child in question committed the offense. As of the end of July 2023, evidence proceedings have been initiated in 19 cases involving 21 children. An examination of the 14 rulings issued so far reveals that in 13 instances, the court affirmed that the children had committed offenses. Many of these minors had already been known to social services from an early age, often due to reports of concern from schools or the police.

The majority of the cases relate to serious charges, including murder, attempted murder, or preparation for murder. However, since the individuals are under 15, no penalties can be imposed. Instead, the aim is for the court’s findings to inform social services’ assessments of necessary interventions.

According to Lisa Dos Santos, a prosecutor, while this process adds another layer of cost to investigations, the legal consequences for children under 15 remain unchanged. In certain cases, police or prosecutors can conduct investigations to determine what occurred and provide social services with the information needed to implement support or care measures. In especially serious offenses, prosecutors can request a judicial review of guilt through evidence proceedings, which occurs only when it is assessed that there is enough evidence to prove the offense without imposing penalties.