The military police may not investigate crimes

Published 29 August 2024 at 10.22

Domestic. Due to the fact that the military police sometimes assist the police and prosecutors in crimes committed within the Armed Forces, the judicial ombudsman Per Lennerbrant has reviewed whether there are legal conditions for the military police to conduct such criminal investigation activities. He now states that no such conditions exist.

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– The task of the military police is to maintain public order and security within the Armed Forces. Investigating a committed crime is a task that is not included in the military police's mission statement. My conclusion is that there is no constitutional support that makes it possible for the military police to assist in a criminal investigation, says JO Per Lennerbrant.

According to an agreement with the Police Authority and the Prosecutor's Office, the military police may provide assistance in a criminal investigation in the case of crimes that committed within the Armed Forces. According to JO, the agreement cannot be applied.

– Without legal support, it is not possible for the military police to take criminal investigation measures, even if in some situations it would have been effective and expedient, says JO Per Lennerbrant.

In his review, the JO also states that the authority as a policeman is currently regulated at too low a level.

– Since a policeman has far-reaching powers to use violence and coercion against individuals, in my opinion it is only the Riksdag which should be allowed to prescribe who is authorized to be a policeman. The regulation should therefore be found directly in law, not in a regulation from the government. I am therefore raising the issue of such a constitutional regulation with the government, says Per Lennerbrant.


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