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Svensk medverkanslära - Om rättssäkerhet vid fleras delaktighet i brott

Giselsson, Mattias (2008)
Department of Law
Abstract
The Swedish regulations concerning participation in crime are shown to have weaknesses in relation to the principle of legality. To adjust for these weaknesses this paper suggests changes in accordance with the recommendations of SOU 1996:185. When there is no regulation that states whether two or more individuals can be sentenced without fulfilling all prerequisites in a section individually, such a regulation is proposed to be introduced. The regulation of participation in BrB 23:4 enables changing the roles of the participants in a way the court deems natural. This has caused ambiguities concerning boundaries between the various types of participation: which participants that can contribute with prerequisites and whether a subjective... (More)
The Swedish regulations concerning participation in crime are shown to have weaknesses in relation to the principle of legality. To adjust for these weaknesses this paper suggests changes in accordance with the recommendations of SOU 1996:185. When there is no regulation that states whether two or more individuals can be sentenced without fulfilling all prerequisites in a section individually, such a regulation is proposed to be introduced. The regulation of participation in BrB 23:4 enables changing the roles of the participants in a way the court deems natural. This has caused ambiguities concerning boundaries between the various types of participation: which participants that can contribute with prerequisites and whether a subjective surplus of a participant can be moved to another participant. To address these ambiguities a removal of the possibility of changing the role of participants is proposed. That would result in less ambiguity in both regulation and terminology. On the basis of a number of case analysis's it is showed that the courts do not claim as much evidence to prove individual guilt when two or more individuals participated in a crime as when only one is indicted. To prevent indicted from blaming each other an improvement of the preliminary investigations is proposed. To apply a lower claim on the evidence of guilt when two or more have participated would probably result in more faulty convictions and undermine the faith in the judicial system. (Less)
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author
Giselsson, Mattias
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Straffrätt
language
Swedish
id
1557738
date added to LUP
2010-03-08 15:55:21
date last changed
2010-03-08 15:55:21
@misc{1557738,
  abstract     = {The Swedish regulations concerning participation in crime are shown to have weaknesses in relation to the principle of legality. To adjust for these weaknesses this paper suggests changes in accordance with the recommendations of SOU 1996:185. When there is no regulation that states whether two or more individuals can be sentenced without fulfilling all prerequisites in a section individually, such a regulation is proposed to be introduced. The regulation of participation in BrB 23:4 enables changing the roles of the participants in a way the court deems natural. This has caused ambiguities concerning boundaries between the various types of participation: which participants that can contribute with prerequisites and whether a subjective surplus of a participant can be moved to another participant. To address these ambiguities a removal of the possibility of changing the role of participants is proposed. That would result in less ambiguity in both regulation and terminology. On the basis of a number of case analysis's it is showed that the courts do not claim as much evidence to prove individual guilt when two or more individuals participated in a crime as when only one is indicted. To prevent indicted from blaming each other an improvement of the preliminary investigations is proposed. To apply a lower claim on the evidence of guilt when two or more have participated would probably result in more faulty convictions and undermine the faith in the judicial system.},
  author       = {Giselsson, Mattias},
  keyword      = {Straffrätt},
  language     = {swe},
  note         = {Student Paper},
  title        = {Svensk medverkanslära - Om rättssäkerhet vid fleras delaktighet i brott},
  year         = {2008},
}