In Sweden, there are two main ways to bring charges against someone who’s committed a crime. These different types of prosecution serve different purposes and follow different rules and procedures.
Public prosecution – the responsibility of society
In this case, a prosecutor brings charges on behalf of society. This applies to the vast majority of crimes, such as assault, theft, fraud, and drug offenses.
- The prosecutor evaluates the evidence and decides whether there are sufficient grounds for prosecution.
- If the evidence is strong enough – and there is public interest – the prosecutor is obligated to proceed.
- The prosecutor leads the process, and the victim is considered the injured party in court.
Private prosecution – when the victim takes action
The victim can personally file a summons application with the district court in cases like defamation or insult. A private prosecution can also occur when a prosecutor decides not to take a case further, but the victim wants to pursue it independently.
However, in some exceptional cases, the prosecutor may still decide to take the case to court. This applies when the crime is particularly serious or if there is a strong public interest. In these cases, since it’s the prosecutor who acts, the case is treated as public – even if the offense is usually handled through private prosecution.
If you initiate a private prosecution, you’re responsible for gathering evidence, calling witnesses, and applying for an official summons. You will have to pay a fee and can also be required to cover the opposing party’s legal costs if you lose the case.
Private prosecutions are less common and can be both legally and financially demanding. That’s why many choose to consult a lawyer in these situations. It’s important to understand the differences and how the process works, especially if you’re a crime victim and the prosecutor chooses not to proceed.
What separates the two?
| Characteristic | Public Prosecution | Private Prosecution |
|---|---|---|
| Initiated and led by | Prosecutor | Victim (injured party) |
| Common crime types | Violent crimes, drug offenses, etc. | Defamation, insult |
| Cost to the victim | None | Filing fee + risk of covering legal costs |
Do you need legal help?
We have several lawyers who can help you in this area. Book an appointment with one of them in the Kliently app, or contact us to hire one of the lawyers. We recommend: Sofia Hollström
