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Swedish court convicts dead man for assault

Peter Vinthagen Simpson · 26 May 2010, 12:21

Published: 26 May 2010 12:21 GMT+02:00

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The then 26-year-old man was tried on charges assault in Stockholm district court on May 27th 2009. While the court found him not guilty the prosecutor elected to appeal the case.

When the date for the hearing arrived, on April 19th 2010, the court concluded after a delay that the defendant would not be attending, but it was decided that the matter could be dealt with in absentia.

The Svea Court of Appeal overturned the district court ruling and found the man guilty of assault, issuing a fine of 15,000 ($1,886) and setting a deadline date for an appeal of May 24th.

But information submitted to the court after the hearing indicates that an appeal is not to be expected as the convicted man died on March 25th 2010, details which were brought to the attention of the court first on April 26th, court documents show.

"Now the appeals court has in the meantime convicted a deceased person, without any prior convictions, which existing rules do not allow," Malmö chief prosecutor Jörgen Lindberg writes in a letter appealing the court's ruling.

Story continues below…

In a statement indicating that the principle "all are equal before the law" extends only until death, Lindberg argues that had the defendant's passing come to light in time, the case would probably have been closed or simply dismissed by the district court.

"In such circumstances the prosecutor should take the initiative to request this, in my view erroneous, conviction changed and the district court's ruling confirmed, or alternatively set aside."

Peter Vinthagen Simpson (news@thelocal.se)

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Your comments about this article

14:17 May 26, 2010 by flintis
Should they (the judges) not have all the facts to hand before their deliberation & subsequent decision.

What a display of incompetence & wanton misuse of taxpayers money. All involved parties should be reprimanded & made to reimburse the costs.
14:57 May 26, 2010 by Kronaboy
Hang draw and quarter him
15:12 May 26, 2010 by flintis
@ Kronaboy

Don't think the horses would put up with the smell
16:02 May 26, 2010 by Vietvet
In the rest of the world, there are 2 sure things, death and taxes.

In Sweden, there are 3 sure things. Taxes, death, and taxes after death.
21:09 May 26, 2010 by foxpur
Vietvet: In US there is taxes after death, and tickets.. there was a man given a ticket for unsafe driving caused by being dead.
21:53 May 26, 2010 by free range cheese
I'm surprised he wasn't given life in prison.
23:40 May 26, 2010 by wxman
Dead man walking.
00:15 May 27, 2010 by PonceDeLeon
Incredible... Only here in Utopia, would a court waste the time and money. My guess the prosecutor felt, the judicial process, playing field was level.. Thanks for the laughs..
16:28 May 27, 2010 by mp775
I don't see the big deal. If he was convicted and punished with a fine or restitution, shouldn't his estate be responsible for paying?
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