The measure of hearing is possible in Sweden and can be used during the preliminary investigation and before the court. A hearing during the preliminary investigation is always documented, for instance with written minutes, according to established procedures by the Swedish Police Authority. A hearing during a trial will be documented, for instance through video recording, according to established procedures by the Swedish National Courts Administration.
Anyone who may have information of interest to provide in a preliminary investigation or before the court can be heard. Everyone who is not a party in the case may be heard as a witness during the preliminary investigation or before the court. The word “witness” is applicable to third parties only. Plaintiffs and victims may still be heard but they are not regarded as witnesses.
During the preliminary investigation it is the prosecutor who decides who should be heard. When it comes to children, consent is normally needed from the parents or custodian but not in cases where the parent/s/custodian is a suspect and the child a victim. In those cases, the minor can instead be represented by a special lawyer/representative for children who will make sure that the child is brought to the interrogation without the parent/s/custodian knowing and cared of during the interrogation. An interrogation with a child will be held by a special trained police officer.
During the trial, it is the court that decides if a person under 15 years of age or a person who suffers from a mental disorder can be heard. If a minor under 15 years of age is to be heard in court he or she is not heard under oath. Nor is a plaintiff/victim or a suspect/defendant heard under oath during the trial, only witnesses.
No person is heard under oath during the preliminary investigation.
It is possible for foreign authorities to participate during a hearing if the prosecutor in charge approves of it.
A suspect/defendant has always a right to have a counsel/lawyer during the preliminary investigation and during the trial, unless it is a minor crime. A suspect/defendant has always the right to remain silent.
There are possibilities for a reduced sentence for a suspect that cooperates with the inquiry and participates in the preliminary investigation about their own criminality or the criminality of others.