Där spriten går in, går vettet ut - en rättsutvecklingsanalys kring berusade lagöverträdare

A large number of the violent crimes that are committed in Sweden involve an intoxicated offender. How these offenders should be treated is a subject that has raised several debates regarding the most appropriate solution. The assessment of guilt for people committing crimes under the influence of alcohol has changed several times through Swedish legal history. Nonetheless there is still disagreement about the current methods appropriateness. The legal position regarding intoxication in crimes has altered, as new criminal ideologies have gained foothold in Sweden. The view of consuming alcohol has also changed in a very significant way, and the medieval liberal attitude towards intoxications has since long been abandoned. Intoxication has gone from being a mitigating circumstance during the meddle ages and 17th century, to become a circumstance leading to more restrictive assessments due to the new ideas which reached Sweden in the 18th and 19th century. During the 20th century, when preventive thoughts dominated the criminal law, there was such a concern to take legal proceedings against these crimes that the requirement of intent was partially remitted. The current legal position was introduced in The Supreme Court ruling NJA 2011 s. 563 and was a clear standpoint on the issue, which also demonstrated the Court's important role when there is a legal uncertainty. Today equal treatment and predictability of the legal system are the most central principles of criminal law. This has lead to a regulation where the intoxication itself does not constitute a mitigating circumstance, but an assessment of guilt that should be carried out in the same manner as if the offender had been sober. Even though the current legal position has been welcomed, there are also those who are more sceptical and believe that the solution will cause more problems than it solves. Will the current solution lead to a situation where intoxicated offenders can avoid punishment by claiming memory lapses, and how will the regulation affect ...