Integrating a Victim Perspective within Criminal Justice: The Swedish Approach

Abstract

After World War II public opinion in Sweden gradually recognised the need for a crusade against crime as a threat to the state and its inhabitants. The police and responsibility for public prosecution were nationalised, reorganised and placed within the Ministry of Justice. A new authority was established in the Ministry to investigate crime prevention activities (BRÅ). A new Code on Judicial Procedure, 1942 (in force 1948) had replaced previous legislation on civil and criminal court procedure. The legislation on crime and penal sanctions was gradually reformed and a new Criminal Code was adopted 1962 (in force 1964). Tort law, which had for long been unco-ordinated was finally collected in the Tort Liability Act, 1972 supplemented by the Criminal Injuries Compensation Act, 1978. These codes and Acts have later been amended, sometimes to the benefit of victims of crime. During this period the need for state compensation to victims of crime slowly attracted special attention. From a cautious beginning in 1948 the state gradually took on responsibility for adjudged economic compensation to the victim, not obtained from the offender. The social welfare system covers costs for medical and social treatment and care and losses by industrial injury etc. Other economic losses are often compensated by the victim's insurance. The remaining need for compensation mainly refers to criminal violation of the victim's integrity and the effects of harm caused by the offence. This article describes the implementation of the Crime Victim Compensation Authority which was established in 1994. It analyses the place of the victim in the Swedish criminal justice system, the injuries that attract compensation from the Authority, levels of payment, and proposals for reform. These developments are set within the context of a feminist political agenda.