The Mens Rea Element of Intent in the Context of International Criminal Trials in Sweden

Lekvall, Ebba and Martinsson, Dennis (2020) The Mens Rea Element of Intent in the Context of International Criminal Trials in Sweden. Scandinavian Studies in Law, 66.

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Abstract

A basic prerequisite for a conviction in all criminal justice systems is that the defendant acted with the requisitemens rea for the offence; usually a form of intent, recklessness, or negligence. This article discusses the way intent has been, and should be, dealt with by Swedish courts when it comes to international crimes. The main purpose of this article is to clarify whether Swedish courts should apply intent according to international criminal law1 or according to Swedish criminal law when adjudicating cases concerning these crimes. This discussion is important since international criminal law requires a higher form of intent than Swedish criminal law. The application by Swedish courts of intent as articulated in international criminal law would therefore have consequences for the prosecution of international crimes and would lead to fragmentation of the Swedish legal system.

Item Type: Article
Additional Information: ISBN 9789185142804
Date: 30 September 2020
Uncontrolled Keywords: mens rea; international criminal law; Sweden
Subjects: M100 Law by area
M200 Law by Topic
Divisions: Faculty of Business, Law and Social Sciences > School of Law
Depositing User: Ebba Lekvall
Date Deposited: 30 Jun 2021 09:20
Last Modified: 30 Jun 2021 09:20
URI: http://www.open-access.bcu.ac.uk/id/eprint/11832

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