linguistic:translation, structural:scholar_edition
Sweden

In press libel cases and other cases concerning offenses against freedom of the press, the question of whether or not the printed material falls outside permissible limits is submitted to a jury of 9 members which provides a pre-screening before the case is ruled on by normal courts. In these cases 6 out of 9 jurors must find against the defendant, and may not be overruled in cases of acquittal.

Sweden has no tradition of using juries in most types of criminal or civil trial. The sole exception, since 1815, is in cases involving freedom of the press, prosecuted under Chapter 7 of the Freedom of the Press Act, part of Sweden's constitution. The most frequently prosecuted offence under this act is defamation, although in total eighteen offences, including high treason and espionage, are covered. These cases are tried in district courts (first tier courts) by a jury of nine laymen.

The jury in press freedom cases rules only on the facts of the case and the question of guilt or innocence. The trial judge may overrule a jury's guilty verdict, but may not overrule an acquittal. A conviction requires a majority verdict of 6–3. Sentencing is the sole prerogative of judges.

Jury members must be Swedish citizens and resident in the county in which the case is being heard. They must be of sound judgement and known for their independence and integrity. Combined, they should represent a range of social groups and opinions, as well as all parts of the county. It is the county council that have the responsibility to appoints juries for a tenure of four years under which they may serve in multiple cases. The appointed jurymen are divided into two groups, in most counties the first with sixteen members and the second with eight. From this pool of available jurymen the court hears and excludes those with conflicts of interest in the case, after which the defendants and plaintiffs have the right to exclude a number of members, varying by county and group. The final jury is then randomly selected by drawing of lots.

Juries are not used in other criminal and civil cases. For most other cases in the first and second tier courts lay judges sit alongside professional judges. Lay judges participate in deciding both the facts of the case and sentencing. Lay judges are appointed by local authorities, or in practice by the political parties represented on the authorities. Lay judges are therefore usually selected from among nominees of ruling political parties.