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, commuting the life sentence to a set number of years, after which standard Swedish parole regulations apply. Due to new legislation taking effect in January 2022, offenders committing murder at the age of 18 can now be sentenced to life imprisonment. Previously, only those over the age of 21 on the day the crime was committed could be sentenced to life imprisonment.[3]
Records and statistics
In October 2015, 142 inmates served life sentences in Sweden, all excluding one were 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-serving 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 held the longest record of ongoing confinement, during which Axmyr filed eleven appeals.[5][6] 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 effectively imprisoned 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 a sentence commuted to a determined sentence at the Örebro District Court.[12] A prisoner must 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, considered too dangerous to the public. 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, judicial discretion and 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' imprisonment or life in special circumstances. On average, when there are no special circumstances, a sentence of 14 years may be imposed. In mitigating circumstances, the possible sentence ranges from 10-13 years. In aggravating circumstances, the possible sentence is 15-18 years or life.
In 2020, a new law was passed that increased the likelihood of a person convicted of murder receiving a life sentence. Previously, only 30% of murder cases with aggravating circumstances resulted in life imprisonment; this new legislation resulted in an increase of 50% of life sentences imposed the previous year.
In January 2022, the minimum age for someone to be sentenced to lifetime was reduced from 21 to 18, although special reason was needed for the youngest.[14] The first 18 year old to be given lifetime was a man who in March 2022 killed two school teachers with an axe.[15]
Notable examples
- Mattias Flink – Mass murderer
- John "the Laser Man" Ausonius – Murder and attempted serial killer
- Tommy Zethraeus – Mass murderer
- Jackie Arklöv – Police murderer and also convicted of crimes against humanity
- Anders Eklund – Murderer and rapist
- Stig Bergling – Convicted of espionage
- Stig Wennerström – Convicted of treason
- Mijailo Mijailović – Convicted of the murder on Anna Lindh
- Peter Mangs – Murderer and attempted serial killer
- Johanna Möller - Found guilty of murdering her father, and the attempted murder of her mother. [16][17]
References
- ^ "Sanctions". Kriminalvården (in Swedish). Retrieved 2018-12-03.
- ^ 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.
- ^ "Why is Sweden closing its prisons". Erwin James. 1 December 2013.
- ^ "Kriminalvården – Fängelse" (in Swedish).
- ^ "Fången som suttit längst: dubbelmördaren som ber om nåd". Svenska Dagbladet (in Swedish). 27 December 1997.
- ^ "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.
- ^ "Tingsrätten omvandlar ådömt livstidsstraff" (in Swedish). Örebro tingsrätt. May 7, 2010. Archived from the original on August 25, 2010. Retrieved March 18, 2011.
- ^ TT (December 21, 2010). "Axmyr får avslag" (in Swedish). Dagens Nyheter. Retrieved March 18, 2011.
- ^ Eriksson, Gunnar (March 17, 2011). "Leif Axmyr blir kvar i fängelset" (in Swedish). Arbetarbladet. Retrieved March 18, 2011.
- ^ "Livstidsdömde Axmyr har gift sig" (in Swedish). Nyheter P4 Gävleborg; Sveriges Radio. June 25, 2007. Retrieved September 18, 2011.
- ^ "Leif Axmyr frisläppt efter 34 år i fängelse".
- ^ "Sanctions". Swedish Prison and Probation Service (in Swedish). Retrieved 2019-04-28.
- ^ 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
- ^ Nya regler om slopad straffreduktion för unga myndiga
- ^ 18-åringen döms till livstid för morden på Malmö latin
- ^ "Johanna Möller presses the auto – after the desire to cut her mother News".
- ^ "Arbogakvinnans mord och mordförsök på föräldrarna – här är vad som hände". 5 January 2022.