Legal help from court-appointed victim’s counsel

What is court-appointed victim’s counsel?

Under Swedish law, a person who has been subjected to a crime is referred to as the injured party. The court may appoint a lawyer to provide that person with legal assistance and support.

The formal role is often translated as “counsel for the injured party.” On this page, we use the more accessible term “victim’s counsel.”

Your counsel represents your interests. The prosecutor has a different role and is responsible for investigating and prosecuting the alleged crime on behalf of the state. Your counsel focuses on your rights and needs throughout the proceedings.

When may victim’s counsel be appointed?

Whether you qualify depends on the alleged crime, your relationship with the suspect, and your individual need for support. Counsel may be appointed in cases involving certain sexual offenses and in cases involving assault, threats, robbery, or other offenses that may result in imprisonment.

The court may consider:

• the type and seriousness of the alleged crime
• your relationship with the suspect
• whether you have a particular need for legal and personal support
• any other circumstances that indicate that counsel is needed.

Victim’s counsel is not appointed automatically whenever a crime is reported. The court decides whether the legal requirements are met.

Counsel is generally appointed after a preliminary investigation has been opened or reopened. An appointment cannot be made after the prosecutor has decided not to prosecute or has withdrawn the prosecution.

The Swedish Prosecution Authority provides additional information for people affected by crime.

What does victim’s counsel do?

The role of victim’s counsel is to protect your interests and support you through the legal process. The specific work depends on the circumstances of the case.

Your counsel may:

• explain the investigation and court process
• attend police interviews with you
• prepare you for questioning and trial
• protect your rights during the proceedings
• raise relevant questions in court
• assist with a claim for compensation
• support you in communications with the police, prosecutor, and court.

Your counsel does not direct the criminal investigation and does not replace the prosecutor. The lawyer’s task is to represent you and make sure that your interests are addressed.

How do you request victim’s counsel?

The police or prosecutor may notify the court that you need victim’s counsel. You may also state that you want counsel to be appointed. Tell the police or prosecutor as early as possible if you need legal support.

The court makes the decision and formally appoints the lawyer. If the court does not appoint victim’s counsel, you may still hire a lawyer privately, although different payment rules will then apply.

Can you choose your victim’s counsel?

You may ask the court to appoint a particular person. That person must meet the requirements for the assignment and be considered particularly suitable for the role.

The court will generally appoint the person you request if the person is eligible and there are no special reasons against the appointment. Tell the police, prosecutor, or court whom you would like before someone else is appointed.

The final decision always rests with the court.

Can you change victim’s counsel?

The court may approve a change if there are special reasons. These may include a serious loss of trust, a conflict of interest, or other circumstances that prevent the assignment from working properly.

Simply preferring another lawyer may not be enough. You need to explain to the court why a change is necessary. If you have already changed counsel once, stronger reasons are required for another change.

If possible, first discuss the problem with your current counsel. If the issue cannot be resolved, you may submit a written and reasoned request to the court handling the case.

How much does victim’s counsel cost?

The state pays the fees of victim’s counsel appointed by the court. As the injured party, you do not normally pay the lawyer’s fees for that assignment.

This applies to the court-appointed role. If you hire a lawyer privately before an appointment is made, or for work outside the scope of the appointment, you may have to pay the lawyer under your private agreement.

Claiming compensation after a crime

A person who has been subjected to a crime may be entitled to compensation for personal injury, expenses, lost income, or a serious violation of personal integrity. Victim’s counsel may help prepare and present the claim if the prosecutor does not handle it.

Keep documents showing the consequences of the crime, such as:

• receipts and records of expenses
• medical certificates and records
• proof of lost income
• photographs and other relevant documentation.

The court usually considers the compensation claim as part of the criminal case. In some circumstances, the claim may need to be handled separately.