The increasing reach of negotiated justice in Nordic countries

This chapter looks into plea bargaining in the Nordic countries. In 2021 a Swedish inquiry suggested that Sweden adopt a crown witness system (a form of plea bargaining whereby one informs the authorities of other people’s offences in order to get a reduced sentence). The accompanying consultation exercise, however, produced responses that reflected to an extent a traditional reluctance regarding a crown witness system. Previously, a Norwegian inquiry considered, inter alia, a potentially stronger role of the prosecutor in plea bargaining negotiations vis-à-vis the court. A Danish inquiry (Straffelovrådets betænkning) had noted in 2002 the benefits of a crown witness system in terms of uncovering serious crime. Finland, on the other hand, introduced a system of plea bargaining in 2015. Consequently, with the changing legal landscape in the Nordic countries, this chapter attempts to assess the merits and demerits of the Nordic adaptations of plea bargaining.