Evidentiary Matters in the Context of Investigating and Prosecuting International Crimes in Sweden: Admissibility, Digital Evidence and Judicial Notice

Abstract

The prosecution of international crimes may entail additional challenges in relation to evidentiary matters. The trials held in Sweden have all concerned acts committed outside Sweden in areas of conflict. The consequence is that part of the evidence was collected by other actors than the regular administration of justice, often without the required decisions by a court or other state agency. In addition to questions of whether the collection of evidence follows legal requirements, there will be questions on how the evidence has been handled and stored, i.e. issues related to the chain of custody, which may affect how the authenticity and reliability of the evidence will be assessed.

This article examines in a Swedish context issues relating to admissibility of evidence and evaluation of evidence, in particular the challenges and opportunities that come with technological development. There will also be an account of how facts of common knowledge and adjudicated facts may be used.

This article is part of a volume on investigation and prosecution in Scandinavia of international crimes.

Keywords: International crimes, Admissibility of evidence, Digital evidence, Judicial notice