A person who is attacked always has the choice to violently defend him or herself. But just because the choice exist doesn’t mean that it is always justified or excused. The right to use violent self-defence is regulated in the Swedish penal code in two independent but interconnected sections in the 24th chapter, section 1, and section 6. The main purpose of this thesis is to analyse the 24th chapter section 6 of the Swedish Penal Code to examine what role the section has with in the Swedish penal system, when the section is actualized and what circumstances are considered when assessing if a person should be excused for his or her excessive use of violent self-defence. The thesis furthermore analyses how these circumstances are valued and what impact they have on the overall assessment of whether or not an excessive use of violent self-defence should be excused. This thesis shows that the function of the 24th chapter section 6 of the Swedish Penal Code Is somewhat odd. A person can according to the section 6 commit an unlawful act of self-defence but still avoid punishment if that person had difficulties in coming to his or her senses during the act of self-defence. The 24th chapter section 6 is in this regard the last divide between a victim and a criminal for somebody who uses violent self-defence. Furthermore, this thesis shows that even if the circumstances that should be taken into consideration are somewhat clarified by the legislator, the answers to the questions about what circumstances can be considered by the court and how they should be valuated are not always distinct, but rather quite debated with in the legal doctrine and seldom clarified by the Swedish Supreme Court. This thesis also shows that the circumstances that can be considered varies greatly and that the Swedish supreme court has in some ways developed the assessment of 24th chapter section 6 of the Swedish penal code compared to the legislator’s initial intention.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:su-202793 |
| Date | January 2022 |
| Creators | Menor, Azar |
| Publisher | Stockholms universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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