The topic of this essay is a “fast track” of criminal cases. A practise which has been implemented in Sweden since 2018. The fast track consists of several different segments that are all meant to aid in making the prosecution of crime swifter. This form of prosecution deviates from ordinary criminal proceedings. The methodology of fast track is different and the collaboration between law enforcing institutions is more direct. However, the legal framework has been adapted and new legislation has been passed. It should be noted that not all aspects of the fast track will be covered in this essay, but rather its three most important parts. The pre-approved summary imposition of a fine, lowered requirement for service of final notification and a new method of service called “tillgänglighetsdelgivning” in Swedish, are mainly discussed in the essay. The project entailing fast track methods, in operation since 2018, and the proposal of permanent fast track in regard to criminal cases, presented in SOU 2021:46, are both included in this essay. 

According to SOU 2021:46 only minor and simpler offenses and crimes that may be resolved in a more rapid manner shall be included in the fast track. The purpose of this essay is to investigate whether the fast-track method can be applied to more serious and complicated crime without compromising the rule of law. Legislation, legislative history and legal doctrine are used in the essay to determine what the fast track in criminal cases entails, both in terms of the project, but also in regard to the proposed permanent fast track. The essay also discusses whether the legal regulation of the fast track should be extended and include more serious crimes, in addition to crimes of a simpler nature. In order to achieve the purpose of this essay, the proposal for a permanent fast track of criminal cases has been discussed to validate its legal certainty, and also whether stricter requirements must be put in place if more serious crime shall be processed with the fast-track method. 

The analysis of the essay suggests that none of the three parts discussed is fully suitable for the proposed fast track. The proposed regulation of pre-approved summary impositions of a fine is generally not legally certain, even in regard to minor and simpler crime. The reduced requirements for notifying the suspect of when the preliminary investigation has been finalised could be suitable for serious crime, as is the case for simpler crime, but only under the circumstance where the defendant has a defender present. The new method “tillgänglighetsdelgivning” should to a large extent be applicable to more serious crime without sacrificing legal certainty. However, despite this, the new method of service is more suited for serving indictments in regard to less serious crime.