Law and justice

Chapter 5 is one of the material’s largest, pages 16–19, and it also generates many practice questions. It really consists of three parts: the fundamental laws, the right of public access, and the justice system.

The four fundamental laws

Fundamental laws are harder to change than other laws. Sweden has four:

The Instrument of Government (Regeringsformen) establishes that all public power derives from the people, that the Riksdag makes laws, and that the government governs the country. It guarantees citizens’ basic freedoms and rights and describes the role of the head of state and how public authorities work. From the Instrument of Government: public power shall be exercised with respect for the equal worth of all people and for the freedom and dignity of the individual.

The Freedom of the Press Act (Tryckfrihetsförordningen) protects free speech in printed form and gives everyone the right to freely publish books, newspapers, and periodicals.

The Fundamental Law on Freedom of Expression (Yttrandefrihetsgrundlagen) gives everyone the right to freely express their thoughts and opinions, for example on radio, TV, and in daily newspapers. Everyone living in Sweden also has the right to form and join associations and to demonstrate.

The Act of Succession (Successionsordningen) determines who becomes king or queen after the current one.

Freedom of expression has limits

The two freedom-of-expression fundamental laws protect the right to express opinions, but some statements are nonetheless prohibited by law. Insulting or defaming people or groups can constitute defamation, agitation against a population group, or a hate crime. It is also forbidden to spread information that could harm Sweden’s security, for example secrets about the defense.

The right of public access (Allemansrätten)

The right of public access is protected in the Instrument of Government — it is therefore constitutionally protected, which is unusual internationally. It gives everyone the ability to be in nature regardless of who owns the land, and it is a very old tradition.

Allowed: walking, cycling, paddling, pitching a tent, making a fire, and picking berries, mushrooms, and flowers.

Not allowed: walking on a farmer’s fields, entering someone else’s garden, or littering in nature. Certain rare plants are protected by law and may not be picked.

The basic rule is that you must act responsibly and neither harm nature nor disturb the landowner.

The justice system

The justice system consists of several authorities that work to ensure laws are followed and that the state exercises its power according to the law:

Authority	Role
The Police	Prevents, investigates, and fights crime
The Swedish Prosecution Authority	Decides whether a suspect should be brought before court
The Courts	Examine evidence and decide on a sentence or acquittal
The Crime Victim Compensation and Support Authority	Looks after people who have been victims of crime
The Prison and Probation Service	Responsible for prisons and for sentences being served

The Police also issues passports and national ID cards to Swedish citizens and decides on permits, for example for a demonstration.

Rule of law (Rättssäkerhet)

Rule of law means that everyone is treated equally before the law and receives a fair trial. No one should be convicted without a process in which evidence and facts are carefully examined.

Two things are central: the courts are independent — neither the government nor the Riksdag can decide how they rule — and everyone has the right to defend themselves with the help of a lawyer and to appeal a verdict they consider wrong.

The courts: three levels

• District court (Tingsrätten) — first instance, where criminal and civil cases begin
• Court of appeal (Hovrätten) — reviews cases appealed from the district court
• Supreme Court (Högsta domstolen, HD) — reviews only certain important cases that have already gone through the district court and the court of appeal

The courts decide both criminal cases (is someone guilty, and what is the penalty?) and civil cases (disputes between individuals, for example custody disputes between parents).

A fundamental principle: a person suspected of a crime shall be considered innocent until convicted.

From report to verdict

The process meant to guarantee the rule of law:

1. Police report — the person who was the victim of a crime reports it.
2. Interview — the police find out more about what happened.
3. Preliminary investigation — the police gather evidence and talk to witnesses.
4. Arrest and detention (gripande/anhållan) — if suspicion is strong, a person can be arrested, and a prosecutor can detain the person, who may be held for up to 72 hours.
5. Remand (häktning) — if suspicion grows stronger, a court can decide that the suspect should be held for longer.
6. Trial — the prosecutor tries to prove that the defendant is guilty. The defendant has the right to a defense lawyer. The judge decides the question of guilt and the penalty — fines or imprisonment — or acquits.

In the district court, lay judges (nämndemän) sit together with the judge. They are meant to represent the public and provide insight into the legal process, and they are appointed by the political parties.

Age of criminal responsibility

In Sweden, a person is criminally responsible from age 15. During 2026, the government has put forward a proposal to lower the age to 13 for serious crimes. When a younger child commits an offense, it is social services that decides what happens.

Anyone convicted of certain serious crimes is registered in the criminal record. A record there can make it harder to get a job, a driver’s license, or citizenship.