its seat. Should any reason prompt the designation of another
district court within the county administrative district to hear
freedom of the press cases, the Government may adopt an
ordinance to this effect.
Freedom of the press cases are cases concerning liability
under penal law or private claims for damages on account of
offences against the freedom of the press, and application cases
under Chapter 9, Article 5. Freedom of the press cases also
include cases concerning liability under penal law and private
claims for damages in relation to offences under Chapter 7,
Article 3. If the case concerns an offence under paragraph two
of the last-named Article, and if the person who procured the
information or intelligence has not published it in printed
matter or communicated it to some other person for the purpose
of such publication, the case shall however be tried as a
freedom of the press case only provided it is manifest that the
information was procured for the purpose of publication in
printed matter.
Art. 2. In freedom of the press cases in which there is a
question of liability under penal law, the question of whether an
offence has been committed shall be tried by a jury of nine
members, unless both parties have declared themselves willing
to refer the case for decision by the court, without trial by jury.
The question of whether the defendant is liable for the printed
matter under Chapter 8 is however always tried by the court
sitting alone. When the question of whether an offence has
been committed is tried by a jury, the answer shall be deemed
to be in the affirmative if at least six members of the jury
concur in that opinion.
If the jury finds that no offence has been committed, the
defendant shall be acquitted. If the jury finds that an offence
has been committed, the question shall also be examined by the
court. If the opinion of the court differs from that of the jury,
the court is entitled to acquit the defendant or apply a penal
provision carrying a milder sanction than that applied by the
jury. A superior court to which the judgment of a district court
has been referred on appeal is no more entitled than the district
court to overturn the jury’s verdict.
238
Art. 3. Jurors shall be appointed for each county administrative
district, and are divided into two groups, with 16 jurors in the
first group and 8 in the second. In the case of the Stockholm
county administrative district, the first group shall however
consist of 24 jurors and the second of 12. The jurors in the
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