| 1. |
- Boucht, Johan, 1976-
(författare)
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Polisiär våldsanvändning : En straff- och offentligrättslig undersökning
- 2011
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Johan Boucht. Polisiär våldsanvändning. En straff- och offentligrättslig undersökning. Use of Force by the Police. A Public Law and Criminal Law Study. This doctoral thesis is a criminal law and public law study, which comprises a dogmatic and normative analysis of the legal norms that give powers to the police to use of force against individuals and property. The legal foundation for the use of force is constituted by legal norms that partly belong to the area of Public Law (10 § Police Act etc.), partly by norms of a Criminal Law character (24:1, 24:4 Criminal Law Act) and is therefore dualistic. Whilst the former establish an administrative authority for the police to use force, the latter are general justificatory grounds of Criminal Law that are applicable to police officers when performing their authorised tasks. The research is divided into three parts. The first part contains a dogmatic analysis (and reconstruction) of the applicable Swedish law de lege lata. The analysis points, inter alia, at certain dogmatic inconsistencies and overlaps between the norms of criminal law and administrative law. Secondly, the ambition isto analyse the relationship between the two groups of legal norm, particularly with regard to legal liability. This relationship is characterised by a formal and a material dimension. The conclusion in this section is that the norms need to be looked upon as separate orders of legal norms and, thus, that legal liability must be differentiated between disciplinary sanctions and criminal law sanctions. The third part is a normative analysis de lege ferenda of four subject-matters that have been identified in the former parts as somewhat problematic. These include: 1) the so-called subsidiarity of criminal law responsibility for misconduct of office in certain situations; 2) the dogmatic construction of putative defences regarding imagined situations where justificatory norms are applicable; 3) the right for police officers to plead self-defence; and 4) the dogmatic construction of the rules that form authority for police officers to use fire-arms.
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| 2. |
- Wetter, Anna, 1977-
(författare)
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Making EU Legislation in the Area of Criminal Law : A Swedish Perspective
- 2013
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This dissertation discusses the essential criticisms against the use of EU criminal law from the point of departure that criminal law should ideally be negotiated with a high degree of respect for essential criminalisation principles. The purpose of this is to minimize the risk of over-criminalisation. The dissertation studies four legislative proposals which were submitted by the European Commission in the years between 2006 and 2010 in order to determine to what extent these, as well as the subsequent preparatory legislative materials by the decision-making EU institutions, respected the principles of ultima ratio and the ‘criminal law version’ of the proportionality principle. The ‘criminal law version’ of the proportionality principle requires there to be proportionality between the offence and the penalties, thus it is different from the EU’s general principle of proportionality.The case study review is based on the materials which were produced by the European Commission in the preparation of the proposals, as well as on reports by the European Parliament which summarizes its position on the legislative proposals. Finally, the documents which summarize the Council meetings during which the proposals were discussed are reviewed.The dissertation also discusses the level of transparency in the European legislative process.The dissertation includes a chapter on some essential parts of the Swedish criminal justice system, including a description of how legislation is prepared in Sweden. Another chapter sheds light on the EU’s legislative process, including the amendments made to it in the past decades. This is provided to create a platform for discussion on the ‘status’ of a criminal law which has been negotiated in an international process, although the author mainly leaves it to others to identify possible weaknesses in the system from a criminal justice point of view.The dissertation discusses strengths and weaknesses in the EU’s legislative process from the point of departure that the EU legislator has only recently gained a clear competence to adopt substantive criminal law using the ordinary legislative procedure. In view of this, the dissertation focuses on whether or not the EU is responsive to the criticism it receives.
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| 3. |
- Ågren, Jack, 1966-
(författare)
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Billighetsskälen i BrB 29:5 – berättigande och betydelse vid påföljdsbestämning
- 2013
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis, ‘Billighetsskälen i BrB 29:5 – berättigande och betydelse vid påföljdsbestämning’ (Equity Factors in the Swedish Penal Code – Their Justification and Significance in Criminal Sentencing), addresses those circumstances, equity factors, linked to a criminal offender personally that can play a role as mitigating circumstances in the determination of any criminal sanctions to be imposed. These factors are set forth in Section 5 of Chapter 29 of the Swedish Penal Code, effective as of 1989. The Swedish sentencing procedure focuses on proportionality in the meaning that the criminal sanction is to be proportionate to the seriousness of the criminal offence. Within the process of determining the criminal sanctions to be imposed, the court initially is to consider any circumstances of the crime that can be seen as aggravating (seriousness and blameworthiness), determining the crime’s severity or “penal” value. The equity factors, which are mitigating as to the sanctions, are then to be considered once the penal value has been determined. The aim of this work is to examine the legitimacy of these equity factors in the sentencing system, and their importance when determining the sentence to be imposed. In other words, the endeavour is made to determine whether the Swedish penal system, can be regarded as uniform in its application. It is important here to clarify the underlying legal-ideological bases from which these equity factors emanate, as well as to examine how such factors are to be evaluated qualitatively in relation to other circumstances of importance for sentencing. The overall conclusion here is that the invocation of equity factors within the Swedish criminal sentencing system is justifiable. Such factors are of great significance in the process of determining the criminal sanctions to be imposed. Nevertheless, certain changes concerning the structure of the provisions are proposed here.
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| 4. |
- Naarttijärvi, Markus, 1981-
(författare)
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För din och andras säkerhet : Konstitutionella proportionalitetskrav och Säkerhetspolisens preventiva tvångsmedel
- 2013
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis analyzes the balancing and proportionality analyses performed by Swedish legislators over time in the creation of legislation allowing for the interception of communica- tions data and metadata by the Swedish Security Service for intelligence purposes. By examining the concept of proportionality within the field of constitutional law, a framework for performing proportionality tests is identified. This framework is used as a contrast against the actual proportionality analyses performed by legislators in preparatory works, and to analyze three components of the legislators’ policy choices: the legislators’ view of national security, the legislators’ view of privacy; and the effect of technological development on the former two components. These components are analyzed through a study of preparatory works from a historical comparative perspective, allowing for the study of shifts in policy outcomes over time.The study shows that legislators’ views on national security have shifted during the last 50 years. as could be expected the focus has shifted towards a more preventive approach. Following this development however the study further identifies a shift in the legislators’ views on privacy. Whereas the importance of privacy from a societal perspective seemed pivotal in the ’pre-preventive era’ of communications interception, the view in the last 15 years has gradually shifted towards a view of privacy as an almost exclusively individual interest, resulting in a weakened status of the right to privacy against competing national security interests. Finally, the importance of technological developments within this field can hardly be overestimated. The range of permitted forms of communications interceptions has closely followed what has been technologically possible, and economically feasible to intercept.Intelligence gathering has increasingly become a legal sphere of its own, where most forms of metadata can be collected without the involvement of the judiciary, and where evidentiary requirements have been lowered to facilitate the use of interception in preventive intelligence gathering. Overall the thesis concludes that these factors have enabled a different outcome of the legislators’ proportionality analyses, where previous ideals have been supplanted by the preventive paradigm.
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| 5. |
- 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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