Major Criminal Justice Reform Could Result in 16,000 Additional Prison Years

The Swedish government is considering a significant overhaul of its criminal justice system, as proposed by the national police chief, Petra Lundh. The reform aims to introduce a series of changes that could lead to an estimated increase of 16,000 prison years annually. This figure corresponds to roughly the number of prison spaces available.

Among the key proposals is the tightening of sentencing guidelines for approximately fifty different offenses. For instance, the maximum sentence for aggravated rape is suggested to be raised from ten to twelve years. Additionally, the minimum sentence for serious economic crimes, such as severe money laundering, is set to double from six months to one year. Similarly, the minimum penalty for aggravated manslaughter is being proposed to increase from one to two years.

Furthermore, the proposed reforms address gang-related crimes, suggesting that such offenses could incur up to double the standard penalties. This would apply to crimes associated with criminal networks, shootings, and bombings in public spaces, following a Danish model for enhanced sentencing. However, it is noted that the doubling of sentences for gang-related crimes will not be automatic.

Another notable change involves the removal of the presumption against imprisonment. Currently, courts are expected to avoid imposing prison sentences when alternative penalties are available. The new proposals, however, include the introduction of a conditional prison sentence system for minor offenses, particularly for first-time offenders.

In addition, it is suggested that judges should consider less the personal circumstances of offenders when determining sentences. For example, losing a job will not be a mitigating factor in sentencing decisions.

For individuals convicted of multiple offenses simultaneously, the proposed changes would ensure that each crime has a more significant impact on the overall sentence than is currently the case. The standard for judges would be that crimes against a person's life, health, or safety are given full consideration in determining penalties. However, it is also proposed that the punishments for the three most serious crimes would not be counted in full before any reductions are applied.

Additionally, the recommendations suggest that pre-trial detention should be applied more frequently, particularly in cases of severe domestic violence, aggravated assault, and honor-related oppression, as well as for attempts, preparations, and conspiracies to commit crimes with a minimum sentence of four years. Nevertheless, the proposal does not advocate for lowering the threshold for pre-trial detention to crimes with a one-year sentence.

If enacted, these legislative changes are scheduled to take effect on January 1, 2028.