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Swedish Supreme Court: guidelines for sentencing young offenders

The Högsta domstolen (Swedish Supreme Court) has issued a precedent-setting ruling that redefines how courts across Sweden should sentence young offenders involved in particularly serious crimes. The decision was delivered in the case of a teenager convicted of carrying out two murder-related attacks in Solna in spring 2023. Though the Court reduced the sentence slightly, it simultaneously introduced stricter sentencing principles for minors involved in extreme violence.

Supreme Court clarifies prison terms for minors convicted of extreme violence

The now 18-year-old, who was 16 at the time of the crimes, was initially sentenced by the Court of Appeal to nine years and ten months in prison. The teenager had carried out two separate shooting incidents: first injuring two individuals with a pistol, and two weeks later, murdering a man using an automatic carbine. He appealed to the Supreme Court requesting a sentence of four years in closed youth care. Instead, the Court handed down a prison term of eight years and ten months.

Image: TT

New principles: youth discounts with clear boundaries

The ruling sets out new guidelines on how sentencing for minors should relate to the adult equivalent of a life sentence. Historically, Swedish courts considered life imprisonment for adults to correspond to 18 years for minors, with additional reductions depending on the offender’s age. However, in recent years, sentences for teenagers have increasingly exceeded this threshold, sparking debate about proportionality and legal certainty.

The Supreme Court has now reaffirmed that 18 years should remain the starting point, but acknowledged that additions of up to two years can be applied in cases of “very serious criminality.”

“The judgment sends a strong signal,” said Linnéa Wegerstad, associate professor of criminal law at Lunds universitet (Lund University). “It introduces a more structured framework and provides reinforcement language for when harsher sentences are appropriate.”

Sentencing cap for 15-year-olds and limits for older minors

The judgment also draws a clear boundary for younger offenders: courts should not impose prison terms exceeding ten years for 15-year-olds. The maximum penalty of 14 years can only be considered for minors closer to 18, and even then, only in cases involving repeated and exceptionally serious crimes.

This clarification aims to standardize legal interpretations and reduce the disparities seen in recent verdicts.

“The Supreme Court provides more structure for how the assessments should be made. This can make the assessments more similar, so that the same type of crime does not give very different sentences,” said Wegerstad.

Broader implications for juvenile justice in Sweden

The ruling has broader implications for the Swedish juvenile justice system, which has faced increased scrutiny amid a growing number of violent crimes involving teenagers. While the Court affirms the need for leniency due to age and developmental factors, it also opens the door for stricter sentences in extraordinary cases.

Legal observers believe the judgment will influence not just future court decisions, but also legislative discussions about how Sweden balances rehabilitation and punishment for young offenders.

The decision reflects Sweden’s effort to navigate complex questions of justice, accountability, and social protection amid evolving patterns of youth criminality.

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