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Infiltration av kriminella grupper - En översikt över gällande rätt för infiltration och provokation samt etisk argumentation om tillämpning

Olhagen, Johan (1998)
Department of Law
Abstract
The purpose of this essay is to describe infiltration in terms of applicable laws and legal usage. Another purpose is to discuss the ethical problems concerning the method. An effort has been made to unite the theoretical and legal disscussions with an approache that can be considered in real police work. In Sweden there are no laws which in fact either permitts or forbidds infiltration. The legal applicibilty of infiltration is determined by several different laws and principles. One important issue, when discussing infiltration, is the problem of avoiding unlawful entrapment. As a consequense of the non-existing legal institution the legal development are in fact conducted by controllfunktios such as ''justitieombudsmannen'' (JO) and... (More)
The purpose of this essay is to describe infiltration in terms of applicable laws and legal usage. Another purpose is to discuss the ethical problems concerning the method. An effort has been made to unite the theoretical and legal disscussions with an approache that can be considered in real police work. In Sweden there are no laws which in fact either permitts or forbidds infiltration. The legal applicibilty of infiltration is determined by several different laws and principles. One important issue, when discussing infiltration, is the problem of avoiding unlawful entrapment. As a consequense of the non-existing legal institution the legal development are in fact conducted by controllfunktios such as ''justitieombudsmannen'' (JO) and ''justitiekanslern''(JK). A conclusion is made that the current system contains inherent conflicts both between different legal authorities and between different existing laws and principles. As to the ethical discussion it is concluded that in some situations the use of infiltration can be justified in valid ethical terms. The overall impression is that the use of infiltration needs to be legislated. (Less)
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author
Olhagen, Johan
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Straffrätt
language
Swedish
id
1560895
date added to LUP
2010-03-08 15:55:27
date last changed
2010-03-08 15:55:27
@misc{1560895,
  abstract     = {{The purpose of this essay is to describe infiltration in terms of applicable laws and legal usage. Another purpose is to discuss the ethical problems concerning the method. An effort has been made to unite the theoretical and legal disscussions with an approache that can be considered in real police work. In Sweden there are no laws which in fact either permitts or forbidds infiltration. The legal applicibilty of infiltration is determined by several different laws and principles. One important issue, when discussing infiltration, is the problem of avoiding unlawful entrapment. As a consequense of the non-existing legal institution the legal development are in fact conducted by controllfunktios such as ''justitieombudsmannen'' (JO) and ''justitiekanslern''(JK). A conclusion is made that the current system contains inherent conflicts both between different legal authorities and between different existing laws and principles. As to the ethical discussion it is concluded that in some situations the use of infiltration can be justified in valid ethical terms. The overall impression is that the use of infiltration needs to be legislated.}},
  author       = {{Olhagen, Johan}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Infiltration av kriminella grupper - En översikt över gällande rätt för infiltration och provokation samt etisk argumentation om tillämpning}},
  year         = {{1998}},
}