Ett förändrat rättsläge avseende straffansvar vid tillfällig sinnesförvirring - En analys av hur NJA 2020 s 169 påverkat efterföljande rättstillämpning ; A change in the legal situation regarding criminal liability in the event of temporary confusion – An analysis of the subsequent effects of the NJA 2020 p. 169

Ever since the Penal Code was established in Sweden there has been uncertainties regarding how to try liability when a crime is committed during a state of temporary insanity. Does an unwritten rule of exception, which discharges from liability, exist? In a case named ‘Vanföreställningen’ the Supreme Court answered the question negative. The Supreme Court stated that the current legal position does not support an application of an unwritten rule to exempt a defendant who commits a crime during a state of temporary insanity. The Supreme Court argued that it could not answer the question differently without interfering with the legislator’s work. The Swedish regulation does not include rules regarding accountability. Accountability means the capacity to be responsible. A mental disorder is considered during the sentencing matter but there are no special rules to exempt the defendant from liability. Unless (or until) the legislator chooses to reform the Swedish system the question of liability needs to be settled by applying the regular rules about criminal intent. The defendant in ‘Vanföreställningen’ got a verdict of acquittal. According to the Supreme Court, he was not conscious enough to have committed his crime with intent. A sufficient level of consciousness is necessary to act intentionally and get convicted. The purpose of the thesis is to examine the consequences of ‘Vanföreställningen’ in the following adjudication. The purpose is also to critically analyze the legal position after ‘Vanföreställningen’ based on the principle of guilt. The principle of guilt means that only a person who has the power to control his actions should be held accountable for committing a crime. To determine how ‘Vanföreställningen’ has affected Swedish law I study court practice, legislative history and legal literature. Then I examine how ‘Vanföreställningen’ are interpreted and applied by the Swedish district courts. An empirical study of 31 district court verdicts is made. The results of the empirical study imply that the .