| 1. |
- Träskman, Per Ole, et al.
(författare)
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Kommentaren till 2, 3 och 4 kap.
- 2007
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Ingår i: Brottsbalken: en kommentar. Del I (1-12 kap.) Brotten mot person och förmögenhetsbrotten m. m.. - 9789139204428 ; 5
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 2. |
- Andersson, Ulrika, et al.
(författare)
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Svensk Straffrättskrönika 1991-2000
- 2001
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Ingår i: Nordisk tidsskrift for kriminalvidenskab. - 0029-1528. ; :1, s. 51-65
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Tidskriftsartikel (refereegranskat)
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| 3. |
- Berglund, Kerstin, 1961-
(författare)
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Straffrätt och kön
- 2007
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis starts in feminist theory and the debate on sex/gender and knowledge. There are two lines of inquiry, one in criminal law and one in feminist theory that interconnect throughout the book. Their common grounds are the depiction of the individual. In criminal law “man” is found first of all on the theoretical level as part of legal theory. Criminal law is based on the traditional liberal ideal of the autonomous individual. When criminal law is applied legal reasoning also demands an idea of what a human being is. Legal reasoning is therefore always dependent on descriptions of both “man” and “reality”. Feminist theory, in turn, deals primarily with sex/gender issues. In an attempt to structure this field of research and to highlight important differences in feminist theory, three positions are presented. The three positions are defined in terms of the ideological aspects of the sex/gender debate, and the epistemological theories that can be related to these different ideological positions.Different descriptions of “man” and “reality” can lead to profoundly different conditions for legal reasoning. In the book it is the contradiction between the idea of sex as a role played by a neutral individual, and the idea of gender as a fundamental aspect of human life, that is used as a starting point for the analyses of legal arguments. One question that is raised is in what way the understanding of harm to the individual changes when the conditions for describing “man” are altered. In order to answer this question, selected committee reports on rape and physical abuse of women during the period 1958 to 2001, are analyzed. All of these are to various extents related to the question of harm to the individual. When judging harm in the given examples, the gendered individual is used as an alternative way of describing “man”. The study concludes that it is important for criminal law to recognize that women are sexually abused because they are women. This is fundamental to the way in which these crimes must be interpreted. But it is also important to stress that women are sexually abused in their capacity of being women. It is argued that this constitutes the very basis for understanding harm to the individual in these cases. Victims of sexual violence are always embodied, gendered and socially situated. It is therefore important to find ways to define harm to the gendered individual. In brief, the conflicts surrounding criminal law today can be understood as the dichotomy between the liberal ideal of the autonomous individual and the feminist ideology of difference. It is therefore argued that there is a need for an ethical theory that includes the gendered individual.
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| 4. |
- Borg Jansson, Dominika
(författare)
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Harmonizing National Laws on Human Trafficking by Implementing Article 3 of the Palermo Protocol : Problems and Reform
- 2013
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Trafficking in human beings is one of the most serious and acute problems of our time. It is seen as one of the main forms of organized crime as well as a modern form of slavery. Trafficking is a practice that affects entire societies or rather the very fabric of democratic societies. It undermines the foundations of liberal democracies by violating principles of integrity and human dignity. The crime also leads to loss of human capital, drives organized crime, fuels political corruption, and causes the spread of HIV and other venereal diseases.Although the practice has been addressed in international law and numerous states have criminalized it, the problem not only persists but also seems to be growing. The main question posed in this thesis is why, despite the scope of the crime and the international efforts in this area, there are so few trafficking convictions worldwide.The thesis attempts to answer this question by evaluating the international definition of trafficking, as stated in Article 3 of the Palermo Protocol, by means of which national laws in this area are harmonized and by putting those findings in context by discussing the implications that this definition has had on national laws in Sweden, Poland and Russia, a novel approach in the study of trafficking.The findings can be divided into two categories. Firstly, there are challenges that are country-specific. Secondly, there are certain problems that are experienced by all three countries. As will be shown, these are attributable to the wording of the international definition of trafficking. Building on the findings mentioned above, recommendations are made on how the international definition of trafficking might be improved. The suggestions range from simple to more far-reaching reforms, concluding with a proposal on how a trafficking provision might be framed.
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| 5. |
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| 6. |
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| 7. |
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| 8. |
- Påle, Karin
(författare)
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Villkor för utlämning
- 2003
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This is a thesis that deals with Swedish extradition law - more specifically with the requirements that must be fulfilled before Sweden, as the requested state, can grant extradition. Before dealing with these requirements the role of extradition law within the judicial system is examined. Interacting disciplines such as constitutional law, human rights, foreign law, citizenship law and national criminal- and procedural law are referred to. Alternatives to extradition, both legal (such as having the trial in the requested state instead of extradition) and illegal ones (kidnapping for example) are discussed.The main issues of the thesis are1) to analyse and interpret the different Swedish conditions for extradition, and to examine the question why these conditions exist.2) to show how these different conditions interact with each other, and how this interaction can be of importance when one or several conditions are being changed or abandoned. Even if conditions are not being abandoned, the interaction is of importance because it can significally affect the outcomes of extradition cases.3) to give a brief discussion on the issue whether the double criminality rule, the prohibition of extraditing ones own nationals and the speciality rule should be kept in schemes for extradition co-operation.
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| 9. |
- Sitte Durling, Catharina, 1969-
(författare)
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Tidigare brottslighet : Om rättsverkningar av återfall i brott
- 2005
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Many penal systems impose lower sentences on the first time offender than on the one who has been previously convicted. This thesis concerns the relevance of previous convictions for sentencing.The Swedish sentencing system is based on the principle of proportionality. The criminal sanction is supposed to be proportionate to the seriousness of the criminal conduct. One of the questions this study sets out to investigate is weather previous convictions can be taken for consideration in a legal system based on the principle of proportionality. To answer this question the thesis study the degree of culpability that may be ascribed to the offender. Can previous conviction increase this culpability? Or maybe an alternative explanation can give the answer? Perhaps the correct way is to argue for a reduced disapproval of the offender for his first misdeed.My conclusions are that, theoretically, previous convictions have no relevance for a proportionality-based system. In practice, however, few people would be likely to argue with the proposition that an offender´s criminal record is an important factor of his sentencing. The best way of dealing with the problem is therefore to give previous convictions only a limited relevance in sentencing.According to the Swedish Penal Code previous convictions can be taken into consideration in four ways. In sum, previous convictions are regarded as aggravating circumstances. The principle “ne bis in idem”, leads, however, to the conclusion that an aggravating factor may be taken into consideration only once during the sentencing procedure. Due to how the principle of proportionality is interpreted, as well as the restrictions imposed by the principle “ne bis in idem” and the principle of humanity, one may conclude that previous convictions are given disproportionate importance in the sentencing system.To sum up, my conclusion is that where previous convictions are concerned, the sentencing system needs to be revised. It is important that the legal framework is amended in such a way that previous convictions will affect the sentencing system in a lesser degree than as provided by the Swedish Penal Code today.
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| 10. |
- Träskman, Per Ole
(författare)
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"1968" och därefter
- 2010
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Ingår i: 1968 och därefter. De kritiska rättsteoriernas betydelse för nordisk rättsvetenskap. ; , s. 125-138
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Bokkapitel (refereegranskat)
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