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The District Court
Being able to have your case tried in an
impartial court of law is a basic right. The task
of the courts is to prepare cases, make decisions
and issue judgements in cases in a legally
secure and efficient manner. The general courts
the Supreme Court. Criminal cases, family law
cases and disputes between companies or private
individuals are settled here. Cases processed
in the District Court can, in most cases, be
appealed to the Court of Appeal.
Domstolsverket, Photo: Patrik Svedberg, Printed by: Edita Bobergs AB, Falun, Reg.no. 2115-2014
comprise District Courts, Courts of Appeal and
What does the District Court do?
There are 48 District Courts in Sweden which
nection with a divorce. The dispute may concern
deal with cases occurring in their geographi-
custody of children, residence, visitation schedules
cal region.
or child maintenance. Other family law disputes
include division of estate and inheritance.
Judges, law clerks, reporting clerks, court clerks
and other administrative personnel work in these
Matters. The District Court makes decisions on
courts. They prepare cases, make decisions and
certain matters such as adoption applications,
issue judgments in cases. Lay judges also play an
estate distribution executors, estate administrators
active part in the District Court and are involved
and trusteeship cases.
in the adjudication procedure.
Debts and bankruptcy. In order to enforce the col­
Cases in the District Courts can be divided into
lection of a debt, the debt must first be legally esta­
different categories.
blished. Such decisions may be taken by the Swedish
Enforcement Agency or by a District Court in a
Criminal cases. The District Court processes and
verdict. A Swedish Enforcement Agency decision
issues judgements in criminal cases, for example
concerning collection or possible debt restructuring
violence, theft, narcotics, tax and traffic crimes. A
may be appealed to the District Court.
suspected crime is investigated by the police in a pre­
If a person or a company is unable to
liminary investigation. A prosecutor then determines
pay their debts on time, and will not be
whether the case is to be tried in the District Court.
able to pay them for a long period of
time, the District Court may take
Civil action cases. The District Court processes
the decision to appoint a receiver.
and judges various types of civil cases. A dispute
arises when two parties cannot agree. The most
Land and environment cases.
common cases concern disagreements on payment,
There are five Land and Environ­
for example in connection with services rendered.
ment Courts, each linked to a
Disputes may also concern the interpretation of an
specif ic District Court. They
agreement or a will.
process cases concerning the
environment, land parcelling
Family law cases. Civil action cases also include
and planning, water and
family law cases when different individuals in
building matters.
families have difficulty in agreeing, often in con­
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”Evidence is the very core of the trial”
— It is the task of the District Court to pass judg-
depending on the different types of cases and
ment based on the evidence that exists. The
also, obviously, from case to case. Also what has
Court is impartial and it is important that every-
happened prior to the trial and verdict may differ
one involved in a trial feels that we have listened
depending on whether it is a civil or criminal case.
to them, says Agneta Frick, District Court Judge
at Jönköping District Court.
Reaching a settlement in civil cases
In civil law cases the court first attempts to help
– A common misunderstanding is that the court
the parties to reach a settlement before the case
explores exactly what happened, that we are detec­
ends up in judicial proceedings. A civil case
tives. But the task of the court is to take a stance
dealing with a financial dispute is initiated by the
based on the evidence that is put forward. The
person making the complaint applying for a sum­
evidence is the very core of the trial, asserts Judge
mons to the District Court. The District Court
Frick. Irrespective of the type of case tried it is
issues the summons, gathers the evidence in the
always the evidence that determines the outcome.
case and summons everyone involved in the case
And in criminal cases it is the prosecutor who is
to a preparatory hearing.
duty-bound to find and reveal this evidence.
– Sometimes evidence can consist of a police
– At this preparatory hearing we try to define the
problem and help the parties to settle their dispute.
investigation and documentation from the scene
If this is successful the agreement can be stated in
of the crime, witness statements or written docu­
a written verdict. Often the parties can come to a
ments. Exactly what the evidence consists of varies
settlement and many people are happy and relieved,
observes Judge Frick.
However if those involved cannot come to an
agree­ment then they are called to the District Court
for judicial proceedings. Verdicts in civil action cases
are issued within a few weeks.
Custody disputes common in family law
There is also the hope that parties can reach an
agreement in family law cases. Often these concern
child custody disputes when two parents cannot
Agneta Frick, Judge at the District Court, comes into contact with all types of cases during the course of her work.
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reach an agreement after a divorce.
– The first thing the court does is to ensure that
verdict as soon as possible is an advantage for every­
the case is investigated by the relevant municipal
one involved as it is possible to get answers to any
family law section. Their task is to support children
questions right there. The verdict is issued in
and their parents in this type of situation. After a
writing within a week.
statement and proposed solution has been obtained
– There are major differences
from them we usually issue an interim judgement.
between civil and criminal cases,
The parents are then given time to see if the propo-
but they do have one thing in
sed solution actually works, explains Judge Frick.
common, Judge Frick points out.
If the solution is not satisfactory the case conti-
– Everyone involved must
nues and the District Court summons parties to
feel that they have been treated
the courthouse. Verdicts in such cases are issued
equally before the law – that
within a few weeks.
”
”I find my work to be particularly
meaning ful when the parties reach
an agreement so that a civil action
case does not need to go to court.”
Criminal cases
they have been seen and that we
have really listened to what they
had to say.
Criminal cases show a different pattern. The police
and the prosecutor investigate crimes. In serious
crime the District Court determines whether
detention is a proper measure to take. Deten-
tion means that the suspect is placed under arrest
during the period it takes to investigate and try the
crime. When the investigation is completed the
prosecutor proceeds against the suspect if the
evidence is strong enough. The District Court
issues a summons and then the trial is held.
– In many cases the verdict is issued directly
after the trial. The judge explains the verdict
and the reasoning behind it. Receiving the
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Before the trial
At some point in their lives almost everyone
to court as well as how the hearing will be conducted.
comes into contact with a court of law. There
The app can be downloaded free of charge from App
may be several different reasons why an indivi-
Store and Google Play.
dual is affected by a case in the District Court.
Victim Support
Summoned to court?
Victim Support is staffed by volunteers who give
If you are one of the parties involved in a case, you
victims and witnesses practical assistance and
have an obligation to appear at the hearing. If any
information in connection with a criminal case in
party is absent the hearing has to be cancelled. This
the courts.
means great costs for society and is an inconvenience for those who actually came to attend.
Witnesses summoned to appear must also partici-
Trials in Swedish courts are held in Swedish. In
pate in the hearing. They help to ensure legal secu-
certain courts it is possible to present your case in
rity, as their accounts may be of great significance
the recognised minority languages Sami, Finnish or
in terms of the judgment that the court will make.
Meänkieli. Non Swedish speakers are entitled to the
Therefore it is a social duty to act as a witness if you
services of an interpreter. An interpreter may also
are called to do so.
be called in if the parties, witnesses or other people
If you are summoned to a hearing and do not
attend, you may be fined, i.e., ordered to pay a sum
of money, and brought to court by the police.
Under special circumstances, such as serious
illness, a party or witness involved in a case may
participate in the hearing via telephone or video
conference.
The ”Domstolsguiden” app
You can download the ”Domstolsguiden” app (Guide
to the Courts of Sweden) to prepare yourself ahead
of a hearing. The app contains practical information
about what you should bear in mind when you come
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Other languages
involved suffer from speech or hearing impairments.
Interpreters are financed by the courts.
Legal advice and costs of trials
As it is vital that the court is objective and
Legal support in civil action cases
impartial the District Court can not give legal
In civil law cases the party who loses normally
advice. Law firms can provide advice on legal
pays the costs for both parties including lawyer’s
issues and on the proceedings in the District
fees. In family law cases the parties generally pay
Court.
their own costs.
If individuals in a dispute need financial as-
The actual trial is always free of charge. The courts
sistance, they should primarily utilise the legal
do however levy an application fee in connection
cover that is included in their home or company
with civil cases and certain other court matters.
insurance to cover the costs of lawyer’s fees, loss
of income and other costs. If a person has no such
Legal support in criminal cases
insurance legal aid may be granted in certain cases.
In certain cases victims of crimes are provided
with injured party counsel, a lawyer, to help them
Reimbursement of participant and witness costs
during the trial and with regard to claims for da-
The injured party and witnesses are entitled to
mages. This applies to, for example, sexual crimes,
reimbursement for the cost of their travel to the
assault, illegal deprivation of liberty and robbery.
court, board and lodging and loss of salary. Similar
Injured party counsel is provided free of charge.
financial compensation may also be paid to a pro-
The prosecuted person in a serious criminal
secuted person who is found not guilty.
charge is provided with a public defender, a defence
lawyer. The services of this lawyer are provided
More information
free of charge by the state but the prosecuted per-
More information on preparations, financial com-
son may, if he or she is found guilty of the crime,
pensation and costs for trials can be found on the
be required to reimburse the state for the lawyer’s
Swedish Courts’ website at www.domstol.se and
fees. Depending on income, individuals may have
at the Crime Victim Compensation and Support
to repay the full or partial costs for both the inju-
Authority website at www.rattegangsskolan.se.
red party counsel and the public defender.
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Proceedings in the District Court
Glossary of legal terms
Injured party
The party believed to be the victim of a
crime.
Defendant
The party being prosecuted in a criminal case
as a result of the prosecutor suspecting that
he or she has committed a crime.
Plaintiff/Applicant
The party who initiates proceedings in a civil
dispute by filing a summons application to the
District Court.
Defendant/Respondent
The party being sued in a civil dispute - i.e.,
the plaintiff/applicant’s counter-party.
Parties
Those directly involved in a case or matter,
e.g., the defendant, the injured party, the
prosecutor or the plaintiff/applicant. Witnesses and counsels are not parties.
Counsel
A person who has been given power of attorney to appear on behalf of one of the parties,
i.e., to represent that party in the hearing. A
counsel is often a lawyer or legal associate and
also provides the party with legal assistance.
Preparatory hearing
A meeting where the court meets the parties
to investigate a dispute and to try to help
the parties involved to reach an agreement
without a trial.
Main hearing
That which in everyday language is known as
the ”trial” or the ”hearing”.
District Court roles
in criminal cases
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INJURED PARTY COUNSEL.
This is a lawyer, often a barrister, who helps the injured
party to present their case in
court.
INJURED PARTY. The in­jured
party is the person who is
believed to be the victim of the
crime.
PROSECUTOR. The prosecutor
works on behalf of the state
and his/her task is to lead
the preliminary investigation,
make the decision if to prosecute and present the case in
court.
LAY JUDGE. Lay judges issue
judgement in court together
with the judge. The lay judges
are not trained lawyers but
work in other jobs. The judge
and the lay judges have one
vote each when establishing
the verdict.
PRESIDING JUDGE. The
trial is led by a judge who is a
lawyer. The presiding judge is
responsible for the judgement
together with the lay judges.
RECORDING CLERK. The recording clerk is an employee of the
District Court and notes down
what is said during the trial.
DEFENCE COUNSEL. The
defence counsel is a person,
often a barrister, who helps
the prosecuted person during
the trial. In the case of more
serious crimes the District
Court appoints a public defender, a defence attorney.
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PROSECUTED PERSON. This
is the individual suspected of
committing the crime.
INTERPRETER. If the parties,
witnesses or others involved
in the court cannot speak
Swedish or suffer from speech
or hearing impairments the
District Court employs an
interpreter.
THE PUBLIC. Court proceedings are normally open to the
public.
11 WITNESS. Witnesses make
statements in court about
something they have seen or
heard that might be important
for the trial.
12 EXPERT. If the case requires
expert knowledge within a
specific field the District Court
or the parties may call in an
expert, for example a doctor
or a psychologist.
Video recording
All statements and examinations in the District Court
are documented on video. These are the only parts
recorded, not the entire trial. A video recording is made
in order to be able to avoid repeating this part, should
the case be appealed to the Court of Appeal. Consequently the injured party and the witnesses only need
to attend court once.
The audio of the recording is an official document
and may generally be released to the public and to the
parties concerned. The images however, are classified
as confidential and not intended for viewing outside
the courts. As a party involved it is possible to watch
the video within the court premises. When the case is
finally closed the images are destroyed.
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The court – a safe and secure place
Swedish courts are characterised by their
Public trials provide insight
openness and accessibility and the District
As a rule, court procedures are public. The
Court is to be a safe and secure place for all
Swedish Principle of Public Access to Official Do-
who attend it — parties, witnesses, court
cuments is one of the cornerstones of democratic
employees and the general public alike.
society and a method of giving individual citizens
access to the workings of government agencies.
Hearings are to be conducted calmly and objecti-
However, depending on the parties involved, the
vely. It is important for all who participate - e.g.,
entire trial, or parts of it, may be held behind
parties, injured parties and witnesses, that procee-
locked doors. This means that the public may not
dings are conducted in an orderly manner.
be present in the courtroom. Locked doors (came-
If someone is afraid of another person, or for some
other reason finds it difficult to give witness in the
ras) are unusual in the District Court, but may
occur in, for example, sex crimes cases.
presence of another, then the court can decide that
this person can not be present during the trial. It is
Waiting room for injured parties and witnesses
also possible to get help from witness support staff
All courts can offer a special waiting room for
who provide both support and practical information.
injured parties and witnesses as an alternative to
the general waiting room. This provides a separate
Security at the trial
The majority of courts have security guards who
are responsible for maintaining order in the waiting room. If circumstances require, they can also
be present throughout the trial.
In conjunction with cases where a threat scenario
has been identified, various security measures may
be taken to ensure that the trial can be conducted
safely, i.e., stricter security checks. This means that
everyone visiting the court has to pass through
an alarmed security arch, and bags are x-rayed or
searched to prevent any dangerous items being
taken into the courtroom.
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area for them to prepare in peace and quiet.
The consequences of a crime
When a person is found guilty of a crime the
District Court also determines a punishment
which is known as a sanction. This may be in
the form of a fine, a conditional sentence, probation or prison. There are special sanctions
for young people and for those who are in need
of psychiatric care.
Each crime entails a range of sanctions that are
stated in the law. When the District Court deter­
probationary period of two years instead of impri­
mines the sanction it also takes any extenuating or
sonment.
aggravating circumstances into account which may
make the sanction shorter or longer.
The District Court also weighs in factors such
Probation. Probation resembles a conditional sen­
tence but it also means that the person will be moni­
as previous criminal history, age and necessity of
tored. The District Court may also take decisions
treatment or care. Different sanctions may also be
concerning the person’s medical care, work and
combined.
living situation during this probationary period.
Fines. Fines can be imposed on the convicted
Prison. Imprisonment is society’s way of punishing
person either as a stated sum or as a number of
those who have committed a serious crime, and
day-fines. The size of the day-fine depends both on
people sentenced to imprisonment are deprived of
the financial situation of the person concerned and
their freedom for a certain length of time. A prison
how serious the crime is considered to be.
sentence can range from 14 days to life. The person
sentenced to imprisonment is normally released
Conditional sentences. If a fine alone is too
after they have served two thirds of their sentence.
lenient, but the District Court believes that the
A life sentence has no time limit but can, under
offender is unlikely to reoffend, a conditional
certain conditions, be converted to a fixed-term
sentence may be imposed instead. This entails a
sentence.
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Electronic tag (transmitter). If a person is senten­
ced to imprisonment for a maximum of six months,
Legal security
the Non-custodial Care Division may take a decision
The goal of the Swedish legal system is to en-
on implementing the sentence through intensive
sure the legal security of the individual and
monitoring using electronic apparatus, known as the
that all individuals are equal before the law.
electronic tag. These individuals serve their sentences
in their homes and are able to continue working.
Practical examples of legal security include the
fact that all trials are carried out in the same way
Damages. A person who has been convicted of
all over the country, that they are held in Swedish
a crime may be sentenced to pay damages to the
and that all participants in the trial are treated in
victim of the crime. Damages may, for example,
the same manner, irrespective of income or social
cover compensation for objects that have been
status.
destroyed or for medical care, pain and suffering
or for other violations.
Official documents
The Swedish Principle of Public Access to Official
Community service and youth service. An ac­
Documents provides the right to request docu­
cused may be sentenced to carry out unpaid work
mentation from all cases in the District Courts.
for a predetermined period of time.
However certain information may be classified as
confidential.
Special care. In certain cases the person who has
been convicted of a crime is transferred to a special
Appeals
care institution such as a youth centre or psychia­
What is stated in a judgement from the District
tric care unit. This is carried out after a study of
Court applies to a case if neither of the parties
care requirements has been completed.
submit an appeal. If parties wish to appeal the jud­
gement or any other decision taken by the District
Court they can do so in the Court of Appeal.
The six Courts of Appeal are located in Malmö,
Gothenburg, Jönköping, Stockholm, Sundsvall
and Umeå. A leave to appeal is necessary if the
case is to be taken up by the Court of Appeal. It
means that all cases are not automatically taken
up – they are examined to determine if they fulfil
certain criteria.
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A leave to appeal is also necessary if the case is to
be appealed again to the Supreme Court. The Su­
preme Court, however, only tries cases which may
provide a precedent for how District Courts and
Courts of Appeal are to adjudicate similar cases in
the future.
Parliamentary ombudsman
If a person is not satisfied with how the court has
processed a case it is possible to turn to the Parlia­
mentary Ombudsman. This applies whether the
individual accepts the judgement or not.
Crime Victim Fund
Everyone found guilty of a crime that qualifies for
a prison sentence must pay a fee to the Crime Vic­
tim Fund. This fund provides grants for activities
that are beneficial for victims of crime, for example
research, training and operational financing for the
victim and witness support services.
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More about the District Courts
District Courts are located in 48 towns in
Sweden. The Courts deal with cases which
occur in the municipalities included in
their territorial jurisdiction.
l Gällivare
District Courts
Land and Environment Courts
l Haparanda
l Luleå
There are five Land and Envi­ronment Courts,
each linked to a District Court.
If you wish to know more about the Courts
of Sweden, visit our english website at
www.domstol.se/english
l Skellefteå
l Lycksele
l Umeå
l Östersund
l Härnösand
l Sundsvall
l Hudiksvall
l Mora
l Gävle
l Falun
Uppsala l
l Norrtälje
l Västerås
Eskilstuna l
l Örebro
Karlstad l
Uddevalla l
l
l Södertälje
l Nyköping
l Norrköping
l Skövde
Vänersborg
l Alingsås
Göteborg l
l Borås
Stockholm
Huddinge
Nacka
Sollentuna
Solna
l Linköping
l Jönköping
l Eksjö
l Visby
Varberg l
l Växjö
Halmstad l
Helsingborg l
Malmö l
l Kalmar
Hässleholm
l Karlskrona
l
l Kristianstad
l Lund
l Ystad
www.domstol.se