Tillämpningen av likgiltighetsuppsåtet på olika typer av brott - en rättsfallsstudie

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Summary The boundary between intent and conscious negligence in the Swedish legal system was previously set by the so called ‘dolus eventualis with a hypothetical test’. The latter was established by the Swedish Supreme Court (hereafter the Court) in a ruling from 1959, the “Rabyboys” case (NJA 1959 s. 63). Despite this there have been numerous attempts to replace dolus eventualis with a hypothetical test. Following these attempts the Court has, in its rulings, frequently substituted dolus eventualis by a kind intent based on indifference. In 1996 the Criminal Law Reform Commission made a suggestion that the lower limit of intent ought to be replaced by a concept of intent based on qualified probability and that this new variety of intent should explicitly be defined in law. In a ruling from 2002 (NJA 2002 s. 449) the Court established that the lower limit of intent should no longer be constituted by dolus eventualis with a hypothetical test. However it was unclear how the boundar

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