| 2. |
- Hjertstedt, Mattias, 1974-
(author)
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Tillgången till handlingar för brottsutredare : En rättsvetenskaplig studie av beslag med husrannsakan, myndigheters utlämnandeskyldighet samt editions- och exhibitionsplikt
- 2011
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Doctoral thesis (other academic/artistic)abstract
- Rules that give police and prosecutors access to information are of great importance for the combating of crime, but they might also violate human rights. This thesis focuses on documents, which often contain information that criminal investigators need.The overall aim of this thesis is to analyze in what ways Swedish legislation enables criminal investigators to gain access to documents and to discuss what means they should have for receiving such objects. This analysis is carried out through closer study of the legal regulation of seizure combined with the search for objects, public access to official documents, and the obligation of authorities to provide other authorities with information, as well as the obligation to produce written evidence or objects of inspection.The aim of the thesis is to survey and call into question the law as it stands as well as discuss possible solutions to some of the problems. The basis of the critical analysis provided is that good legislation should be well-balanced, clear and coherent. The material used comes primarily from Swedish legal sources, and is also based on case law handled by the European Court.One conclusion reached is that seizure in combination with search seems to be the most important regulation concerning the need of criminal investigators requiring to access private documents, while the obligation of authorities to provide other authorities with information seems to be the main basis on which to receive documents held by authorities. Another conclusion is that the rules under scrutiny here seem in some respects to be unbalanced, unclear and incoherent.
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| 3. |
- Lainpelto, Katrin, 1976-
(author)
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Stödbevisning i brottmål
- 2012
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Doctoral thesis (other academic/artistic)abstract
- Corroborating evidence is a modern evidence law concept used in furtherance of the administration of justice. The exact meaning of the term is, however, unclear, which is why the concept can be described as both vague and ambiguous. Accordingly, the aim of this thesis was to examine this type of evidence with the help of functional analysis. The examination was performed in four steps. First, the concept of corroborating evidence was examined theoretically, which meant analysing the ways in which this concept relates to associated concepts in evidence law. The second step consisted of two empirical studies which examined the prevalence and actual use of corroborating evidence. Next, the concept of corroborating evidence was analysed from the point of view of comparative law by means of a study on corroboration rules in English law. Finally, the function of corroborating evidence was examined from an epistemological perspective. The examination reveals that corroborating evidence refers in general to uncertain circumstances. When circumstances lack clear relevance, there is a risk that they will be ascribed an incorrect function and therefore also a wrong probative value. The empirical study also shows that two types of corroboration are confused, i.e. convergent corroboration and credibility corroboration. Two conclusions can be drawn from the foregoing: one, that a structuring approach to evaluation of evidence is of greatest importance, and two, that a more restricted definition of corroborating evidence is not possible. In addition, it has been demonstrated that in some cases decisions were made without the requirement for corroborating evidence and in other cases corroborating evidence was required. Since this inconsistency in judicial practice cannot be explained by reference to the principle of free evaluation of evidence, or to be regarded as compatible with the principles of equal treatment, legal security and rationality, the overall conclusion of the thesis is that the concept of corroborating evidence should no longer be used in Swedish law.
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