Sweden

The Swedish Code of Judicial Procedure (Ds 1998:000)

Part one ORGANISATION OF COURTS

Chapter 5
RIGHT OF PUBLIC ATTENDANCE AND MAINTENANCE OF ORDER AT COURT HEARINGS

Section 1

Court hearings shall be open to the public.

If it can be assumed that at a hearing information will be presented to which secrecy applies in court under the Secrecy Act (SFS 1980:100), the court, if it deems it to be of extraordinary importance that the information is not disclosed, may direct that the hearing be held behind closed doors insofar as it relates to the information. A hearing may be held behind closed doors also in other cases if secrecy applies under the Secrecy Act, Chapter 7, Section 22; Chapter 8, Section 17, or Chapter 9, Section 15 or 16, or, with regard to a court hearing during preliminary investigation of a criminal case or equivalent cases or matters, pursuant to that Act, Chapter 5, Section 1, or Chapter 9, Section 17. The hearing shall always be held behind closed doors, if secrecy applies pursuant to that Act, Chapter 9, Section 3, paragraph 2, and it would contravene an agreement referred to in that provision if the information were disclosed at the hearing.

Examination of anyone under the age of fifteen years, or of anyone who suffers from a mental disturbance may be held behind closed doors.

If other provisions for special cases provide that hearings be held behind closed doors, they shall apply. (SFS 1991:1549)

Section 2

Persons who are or appear to be under the age of eighteen years may be denied admission to public hearing when the chairperson of the court considers there is reason therefor. (SFS 1974:239)

Section 3

The chairperson of the court may admit to hearings behind closed doors officers of the court and persons serving in the court as part of their education. The court may also permit other persons to attend such hearings if there is special reason for so doing.

Section 4

If a hearing was held behind closed doors and information was provided which is subject to secrecy at court under the Secrecy Act (1980:100), the court may direct that the information shall not be disclosed. (SFS 1980:101)

Section 5

Deliberations on judgments or decisions shall occur behind closed doors unless the court finds that they can take place publicly. When deliberations are held behind closed doors, apart from members of the court, only officers of the court involved in processing the case may be present. The court may also permit other persons to attend such deliberations if there is special reason for so doing.

Judgments and decisions shall be delivered in open court. However, to the extent that the judgment or decision contains information in respect of which secrecy is prescribed under the Secrecy Act (1980:100), Chapter 12, Section 4, paragraph 2, the judgment or decision shall be delivered behind closed doors. (SFS 1980:101)

Section 6

If a party, a witness, or any other person who shall be heard by the court is incapable of understanding and speaking Swedish, an interpreter may be engaged to assist the court.

If an public interpreter for the language in question serves at the court, he shall be assigned. Otherwise, the court shall assign a suitable person to assist as interpreter in the case.

If the person to be heard has a serious hearing or speaking impediment, an interpreter may also be engaged to assist the court.

A person whose interest in the matter at issue, or whose relationship to any of the parties, could be considered to cast doubt on that person's reliability, may not be engaged as an interpreter.

The government shall issue regulations concerning both the employment of public interpreters and the assignment of interpreters when the person to be heard has a serious hearing or speaking impediment.

Keywords

Fair trial standards



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