Kränkningsersättning : Skadestånd för kränkning genom brott
Sammanfattning: Non-Pecuniary Damages to Victims of Crime.According to the tort liability provision in the Swedish Act on Damages (skadeståndslagen), Chapter 2, Section 3, a person who seriously violates another person through a crime involving an assault on his person, liberty, peace or honour, shall compensate the damage the violation involves. Liability of damages is thus linked to criminal acts of certain types, but does not require that the offender is actually found guilty of the crime. The thesis focuses on issues relating to damages for violation through crime and its relation to the tort law system, general tort law principles of liability and damages determination.The question whether someone has suffered a legally relevant, compensable injury is determined by reference to the type of criminal attack the victim has been subjected to. If damages for the violation shall be paid the compensation is primarily based on the circumstances surrounding the offence and the perpetrator – the degree of abuse. Thus, the quantum of awards is not based on the victim’s own perception or valuation of damages. Against this background, the question of similarities and differences between punishment and damages is posed, and the author discusses how damages for violation through crime can be categorized in this light. In order to answer these questions, the thesis contains a description of the historical background of the present regulation, a discussion of the procedural context as well as of certain aspects of penal law relevant to the study, and an account of different rights violations and privacy violations within other areas of law which also provide for damages for violation. After addressing these issues, the author concludes that the shift in focus from the victims injury to the nature and severity of the crime, may lead to a development within Swedish tort law towards a more punitive type of damages for violation through crime.
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