Photo: Tomas Oneborg / SvD / TT
Will the new arms legislation be applicable or not? That is why they dispute the learned. Stock Photography.
Soon, the Supreme Court announced the new weapons legislation – if the law was fulfilled by the constitution or not.
But in an unusual decision the court of Jönköping has already rejected the disputed law.
"What's surprising is that a court simply refuses to apply the law without even having a thorough argument, but the courts have become a bit more difficult," said Joakim Nergelius, professor of law at the University of Örebro.
There was a sharp punishment that took place around the turn of the year when the new weapons legislation became applicable. The minimum criminal offense was doubled – from one to two years in prison. This means inter alia the compulsory detention of suspects, who have been seen as an important role in combating the many shootings in criminal environments.
In April of this year a man was arrested for holding a shotgun shotgun in a house in the municipality of Jönköping. Rape crimes, Jönköping district court finds in a judgment of 10 August. But it does not condemn the new legislation, which came into effect more than seven months earlier, but was then applied earlier. The court rejects the new Weapons Act, which the chronicler of Aftonblad, Oisín Cantwell, rewrote first.
The Council of Laws – the government body with judges commenting on legislative proposals prior to the Riksdag approval – strongly criticized the way the amendment was implemented and decided not to introduce it. The referring authorities had too little comment on the bill, and the Council was of the opinion that the government did not follow the form of government requirements (one of the four foundations) for the way in which laws should be worked out. It is also the opinion of the Council for the Rights, to which the Jönköping District Court refers in its judgment.
If a law is declared incompatible with the Constitution – that it is not consistent or incorrect – a court can refuse it. A current example is the so-called high school law, which was assessed by various courts and could not be applied.
Up in HD
Criticism of the preparation and remission period is something new that was noticed in 2018, according to Joakim Nergelius.
"You may think that it is easy for the court to deal with it, it is not as controversial as saying that the law violates the Constitution," he says.
It should be mentioned that other courts were of the opinion that the new Weapons Act could be used. An investigation is currently under way at the Supreme Court, in another case, where a man is convicted of gross crimes of violence, in accordance with the new law. The date of the decision has not yet been determined. HD will first investigate the crime, and whether the law itself can be applied.
"That judgment from HD is indicative, at least for the general courts." It will apply to the preparation: what is the requirement for preparation and what is needed to ignore a team just because the preparation was bad, says Nergelius.