Life imprisonment in Sweden

Life imprisonment in Sweden is a term of imprisonment for an indeterminate length. Swedish law states that the most severe punishment is "prison for 10 (18 in the case of murder) years or life."[1][2] However, a prisoner may apply to the government for clemency, have their life sentence commuted to a set number of years then standard Swedish parole regulations follow. Offenders under the age of 21 on the day the crime was committed can not be sentenced to life imprisonment.[3]

Records and statistics

In October 2015, 142 inmates served life sentences in Sweden, all excluding one was convicted of murder (including accessory, attempt and incitement to murder). One was convicted of genocide (Stanislas Mbanenande, convicted for the role he played in the Rwandan genocide). Seven of those who served life sentences were women.[4]

Longest-staying inmates

In 2006, convicted murderer Leif Peters died in psychiatric care after 39 years of confinement. As of 2011, Leif Axmyr, who, in 1982, killed his former girlfriend Ulla-Britt Jacobsson and her new fiancée Tommy Larsson, has spent nearly three decades in prison. He has the longest record of confinement which is still ongoing.[5][6] Within the duration of his confinement Axmyr has filed eleven appeals. In 2010 his imprisonment was overturned in favor of a determinate sentence of 46 years, but this appeal was itself overturned and a further appeal to the Supreme Court of Sweden was denied.[7][8][9][10] In 2016, he was finally released after having his sentence converted to 51 years imprisonment, meaning he could leave on probation after 34 years inside (two thirds of the sentence).[11] His effective sentence was thus the longest for many years, although there have been psychiatric inmates imprisoned effectively for longer periods than Axmyr.

Commutation

Increased criticism from prison authorities, prisoners and victims led to a revision of practices and in 2006, a new law was passed which gave prisoners the right to apply to have the sentence commuted to a determined sentence at the Örebro District Court.[12] A prisoner has to serve at least 10 years in prison before applying and the set sentence cannot be under 18 years (With 1/3 of the sentence suspended), the longest determined sentence allowed under Swedish law.[13]

When granting a determinate sentence, the court takes into account the crime, the prisoner's behavior in prison, public safety and the chance of rehabilitation. However, some prisoners may never be released, being considered too dangerous. Of those who have been given set sentences under the new law, the sentences have ranged between 25 and 31 years. In 2007, the Swedish Supreme Court ruled that ten years in prison should overrule life imprisonment as the "general option" for premeditated murder.

In 2009. Options to sentence people to more than 10 years but less than life became available Under the new law anyone convicted of murder will be sentenced to 10-18 years or life in special circumstances, On average when there is no special circumstances a sentence of 14 years may be imposed. In mitigating circumstances 10-13 years. in aggravating circumstances 15-18 years or in some cases life.

In 2020 a new law where there is increased risk of a person convicted of murder gets a life sentence. Before only 30% of murder cases with aggravating circumstances gave life imprisonment but now that number will increase to 50%

Notable examples

References
  1. "Sanctions". Kriminalvården (in Swedish). Retrieved 2018-12-03.
  2. Nyheter, SVT (2018-06-07). "IN ENGLISH: Rakhmat Akilov sentenced to life imprisonment for terror attack in Stockholm". SVT Nyheter (in Swedish). Retrieved 2018-12-03.
  3. "Why is Sweden closing its prisons". Erwin James. 1 December 2013.
  4. "Kriminalvården – Fängelse" (in Swedish).
  5. "Fången som suttit längst: dubbelmördaren som ber om nåd". Svenska Dagbladet (in Swedish). 27 December 1997.
  6. "Leif Axmyr, 60, är den fånge som suttit längst tid i svenskt fängelse – snart 18 år i sträck. Han vet fortfarande inte när han släpps". BSK Arkiv (in Swedish). 29 May 2009.
  7. "Tingsrätten omvandlar ådömt livstidsstraff" (in Swedish). Örebro tingsrätt. May 7, 2010. Archived from the original on August 25, 2010. Retrieved March 18, 2011.
  8. TT (December 21, 2010). "Axmyr får avslag" (in Swedish). Dagens Nyheter. Retrieved March 18, 2011.
  9. Eriksson, Gunnar (March 17, 2011). "Leif Axmyr blir kvar i fängelset" (in Swedish). Arbetarbladet. Retrieved March 18, 2011.
  10. "Livstidsdömde Axmyr har gift sig" (in Swedish). Nyheter P4 Gävleborg; Sveriges Radio. June 25, 2007. Retrieved September 18, 2011.
  11. https://www.expressen.se/nyheter/leif-axmyr-frislappt-efter-34-ar-i-fangelse
  12. "Sanctions". Swedish Prison and Probation Service (in Swedish). Retrieved 2019-04-28.
  13. Erwin James, “Why is Sweden closing its prisons?” The Guardian, 1 December 2013. Retrieved 4 December 2018 from https://www.theguardian.com/society/2013/dec/01/why-sweden-closing-prisons
  14. https://www.jellypages.com/breaking/Johanna-Moller-presses-the-auto-after-the-desire-to-cut-her-mother-h50870.html

Further reading
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