Preliminary investigation

Once a crime has come to the attention of the police, a preliminary investigation is initiated.

The object is to find out who can be suspected of the crime and whether or not there is sufficient
evidence to initiate an action. The prosecutor leads the preliminary investigation from the point
when a certain individual can be reasonably suspected of having committed the offence. In the
case of less serious offences, the police conduct the preliminary investigations from beginning to
end.

As the person in charge of leading the investigation, the prosecutor is responsible for ensuring
that the crime is investigated in the best way possible. The investigations are conducted by the
police on the instructions of the prosecutor.

The prosecutor follows the investigations on a continuous basis and constantly determines which
investigation measures and decisions are necessary. If the investigation concerns a serious and
complicated crime, the prosecutor will often take part directly in the investigation in connection,
for instance, with reconstructions of the crime or with important interrogations.

Precisely how a preliminary investigation is conducted in detail depends, of course, on the type
of crime being investigated. Following a crime of violence, the police may conduct a crime scene
investigation and question victims, witnesses and suspects.

The leader of the preliminary investigation may decide to introduce coercive measures such as
cordoning off the crime scene, searching premises or confiscating evidence.

Coercive measures
During the course of a preliminary investigation, the prosecutor may decide to apply various forms of
coercive measures. Common coercive measures are for the police to conduct a search of premises or for
the suspect to be arrested (deprived of liberty).

Searching a suspect’s premises could be important during a preliminary investigation either to

look for a suspect who is wanted or in order to search for evidence. One example could be for the
prosecutor to decide on the searching of an apartment in which drugs are being sold.

When the police apprehend a suspect for an offence, it is reported to the prosecutor and the
police then question the suspect. After this, the prosecutor decides whether the suspect is to be
arrested, i.e. deprived of his/her liberty, or released.

Arrest and detention

If the suspect is arrested, the prosecutor has three days in which to contact the court to request
that the suspect be remanded in custody. Otherwise, the suspect has to be released.
A decision on arrest and detention normally requires that the subject is suspected, with probable
cause, of an offence with at least one year’s imprisonment on the range of punishment. The
prosecutor will decide to make an arrest if there is a risk of the suspect disappearing, continuing
with his/her criminal activities or complicating investigations by, for example, removing
evidence.

If there is a risk of the suspect complicating the investigations by contacting victims or

witnesses, it is possible for the prosecutor to decide to restrict the suspect’s contacts with his/her
surroundings while he/she is under arrest.

Decision to prosecute
Once the preliminary investigations have been completed, it is time for the prosecutor to decide
whether or not to prosecute.

If the prosecutor, on objective grounds, judges that there is sufficient evidence to establish that
the suspect has committed an offence, he/she is obliged to prosecute. A number of considerations
must be taken into account before this decision is made. If a prosecution is initiated, it is the task
of the prosecutor to prove to the court that a crime has been committed.

No prosecution

If there is insufficient evidence to prove that an offence has been committed, the suspect cannot
be prosecuted. It could, for example, be because the suspect denies committing the offence or
that there are no witnesses or forensic evidence linking the suspect to the crime.

Sometimes it becomes apparent during the course of the preliminary investigation that it is not
possible to prove that a crime has been committed. Under these circumstances the prosecutor
decides to discontinue the preliminary investigation. A decision like this has the same
significance as a decision to drop the charges against a suspect.

In the case of both decisions it means that the preliminary investigations can be resumed if new
information is received concerning the crime. The victim of the crime, the injured party, is
always informed of the decision reached by the prosecutor.

Police or prosecutor?
If you have been the victim of or were a witness to an offence, it is possible to report it to the police.
Once the police have received the report, either the police or the prosecutor decides on whether or not
to initiate preliminary investigations.
The police often lead the preliminary investigation during the surveillance stage when attempts
are made to determine who can be suspected of the offence in question. Once the police have
reached the stage at which someone can be reasonably suspected of having committed the
offence, a prosecutor takes over the preliminary investigation work. In the case of less serious
crimes, the police continue to lead the preliminary investigation. Such offences include, for
example, shoplifting, traffic infringements and theft.

Investigation led by the prosecutor

The prosecutor leads the preliminary investigation:

 when the suspect is being deprived of his/her liberty

 when violence or a threat within the family or against a close relative can be suspected

 when the victim is less than 18 years old, or

 when it is a question of a crime of a serious or complicated nature

The prosecutor conducts the criminal investigations when it is a case of serious crime, for
example murder or an offence against a close relative. The prosecutor is always in charge of the
preliminary investigation when a suspect has been deprived of his/her liberty, or in other words
has been arrested or detained. If the arrest or detention is reversed and the suspect is released, the
police will take over responsibility for leading the preliminary investigation.