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remained stronger. Such influences, incorporated piecemeal for nearly a century, were definitively integrated into Swedish jurisprudence in the Penal Code of 1864 and the criminal procedure codes which shortly followed. Subsequent measures curtailing harshness were largely inspired by the Swedes themselves and may be seen in the reforms to the Penal Code adopted in 1890 and 1921, the latter abolishing the death penalty. The most signal advances in enlightened court procedure and penology, however, have been made since the early 1940s, when Sweden began to lead the world in the whole field of social welfare.
The independence of the Swedish judiciary from executive and legislative interference is assured by the constitution. The Justice Ombudsman (justitieombudsman) and the Chancellor of Justice - a high-ranking official attached directly to the cabinet, which the constitution refers to in this connection as the Royal Chancery - watch the courts for instances of judicial corruption and prosecute individual judges for malfeasance. Most judges are appointed by the King-in-Council, and all may save until retirement at the age of 65. Ad hoc juries are used only in cases relating to freedom of the press.
a. Courts
There are three levels of ordinary courts: the courts of first instance, the courts of appeal, and the Supreme Court. Until 1971 the courts of the first instance comprised 120 state-financed district courts in rural areas and small towns and 30 locally financed city courts in the larger cities. As a result of a reorganization that came into effect that year, several district and local courts were merged to reduce the total number of courses of the first instance to 108; the ultimate goal is to consolidate to 100 such courts. Those that are amalgamated are presumably financed jointly by the state and urban community. All civil and criminal cases are initially tried in the courts of first instance. Each district court has a judge who is assisted by 18 citizens elected by the local councils. These laymen deliberate on questions of law as well as evidence and can, by unanimous vote, overrule the judges. The principal official in the local lower court system is the president or chief magistrate, who is assisted by a number of other judges and judicial trainees. Minor cases may be heard by a single judge, whereas a panel of seven to nine judges hears the most serious cases. A decision requires a majority vote of the judges or, in the event of a tie, the decision of the one presiding judge prevails.
An appeal from a court of first instance goes to one of the six courts of appeal, located in Stockholm, Gotegorg, Malmo, Jonkoping, Umea, and Sundsvall. Each court has a presiding judge, a varying number of associate and assistant judges, and two or more division heads who are also qualified judges. Each division specializes in certain types of civil and criminal cases and is normally composed of five of the court judges. Four are sufficient to decide a case provided three of them agree.
The Supreme Court (hogsta domstolen) is the court of final appeal in most instances. It is composed of 24 justices, 21 of whom form three panels of seven justices each. As few as five justices may hear a case. Decisions by the court are made by majority vote. In case of a tie, the vote of the presiding justice is deciding in civil cases. In criminal cases a tie results in acquittal, or if the disagreement is over the severity of the sentence, the lightest sentence proposed. The Supreme Court as such as does not review national legislation for constitutionality; however, the Law Council, operating outside the court system and made of up three justices from the Supreme Court and one justice from the Supreme Administrative Court, reviews governmental legislative proposals for constitutionality before their submission to the Riksdag. The council's opinion is only advisory but is almost always followed by the government.
The Supreme Administrative Court is one of several special courts designed to protect the individual citizen against bureaucratic abuses of authority. Its 16 members handle cases sent up by lower administrative authorities (including the ombudsman) for final decisions and also cases on appeal from the central administrative agencies which involve alleged abuse of power by administrative officials against private citizens. Theoretically, the National Court of Impeachment tries cabinet ministers and members of the Supreme Court and Supreme Administrative Court for malfeasance or failure to carry out their duties, but it has not been convened since 1854. The Labor Court, consisting of two jurists, two representatives each from the Federation of Trade Unions (LO) and the Swedish Employers Confederation (SAF), one representative from the Central Organization of Salaried Workers, and one member representing the public, settles disputes arising from labor-management contract. Other special courts are the water rights, land partition, and expropriation courts.
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