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Bevisproblematik vid prövning av människohandel

Renntun, Lisa (2008)
Department of Law
Abstract
The thesis will discuss trafficking in human beings concerning the matter of evidence when the crime is being tried in a legal proceeding. The different parts of the specific paragraph in the Swedish criminal code will be discussed and analysed, especially the so called ''otillbörlighetsrekvisitet''. The thesis will discuss trafficking in humans where the victim is over 18 years old and where the trafficking in humans is being carried out for the explicit purpose of sexual exploitation. The thesis is describing the extent of the problem concerning trafficking in human beings, the actors who are involved in the phenomenon (perpetrator and victim) and the course of action of the crime. Trafficking in human beings has over the recent years... (More)
The thesis will discuss trafficking in human beings concerning the matter of evidence when the crime is being tried in a legal proceeding. The different parts of the specific paragraph in the Swedish criminal code will be discussed and analysed, especially the so called ''otillbörlighetsrekvisitet''. The thesis will discuss trafficking in humans where the victim is over 18 years old and where the trafficking in humans is being carried out for the explicit purpose of sexual exploitation. The thesis is describing the extent of the problem concerning trafficking in human beings, the actors who are involved in the phenomenon (perpetrator and victim) and the course of action of the crime. Trafficking in human beings has over the recent years become a source of income in the same size as drug trafficking. However, the risks implied with trafficking in human beings is not as high as they are concerning drug trafficking. Both developed and undeveloped countries are being subjected to the problem of trafficking in human beings. No country is being spared. The legal framework of the thesis discusses trafficking in human beings from an international as well as a national (Swedish criminal law) point of view. Both the UN and the EU have taken several initiatives in dealing with the growing problem of trafficking in human beings through out the world, by encouraging countries to improve their legislation concerning trafficking in human beings. A specific paragraph concerning trafficking in human beings was introduced in the Swedish criminal code in 2002, 4 kap. 1 a § BrB. However, the paragraph has shown difficulties when it is being put into practice mainly because of its indistinct formulation. Because of the difficulties, the prosecution often also concerns procuring. Procuring does not have the same demands concerning the evidence of the crime. The outcome is however not nearly as tangible as the outcome of a conviction in trafficking in human beings. Legal custom concerning trafficking in human beings in Swedish law is relatively limited. However, the thesis is discussing the problem of trafficking in human beings with the help of four legal cases, all concerning trafficking in human beings and/or procuring and where the victim is over 18 years old. The outcome is different in all four cases even thought there are many similarities between the cases concerning the victim and the course of action. The so called ''otillbörlighetsrekvisitet'' have in all four cases played a major impact in the outcome of the case. (Less)
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author
Renntun, Lisa
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Processrätt, Straffrätt
language
Swedish
id
1561465
date added to LUP
2010-03-08 15:55:28
date last changed
2010-03-08 15:55:28
@misc{1561465,
  abstract     = {The thesis will discuss trafficking in human beings concerning the matter of evidence when the crime is being tried in a legal proceeding. The different parts of the specific paragraph in the Swedish criminal code will be discussed and analysed, especially the so called ''otillbörlighetsrekvisitet''. The thesis will discuss trafficking in humans where the victim is over 18 years old and where the trafficking in humans is being carried out for the explicit purpose of sexual exploitation. The thesis is describing the extent of the problem concerning trafficking in human beings, the actors who are involved in the phenomenon (perpetrator and victim) and the course of action of the crime. Trafficking in human beings has over the recent years become a source of income in the same size as drug trafficking. However, the risks implied with trafficking in human beings is not as high as they are concerning drug trafficking. Both developed and undeveloped countries are being subjected to the problem of trafficking in human beings. No country is being spared. The legal framework of the thesis discusses trafficking in human beings from an international as well as a national (Swedish criminal law) point of view. Both the UN and the EU have taken several initiatives in dealing with the growing problem of trafficking in human beings through out the world, by encouraging countries to improve their legislation concerning trafficking in human beings. A specific paragraph concerning trafficking in human beings was introduced in the Swedish criminal code in 2002, 4 kap. 1 a § BrB. However, the paragraph has shown difficulties when it is being put into practice mainly because of its indistinct formulation. Because of the difficulties, the prosecution often also concerns procuring. Procuring does not have the same demands concerning the evidence of the crime. The outcome is however not nearly as tangible as the outcome of a conviction in trafficking in human beings. Legal custom concerning trafficking in human beings in Swedish law is relatively limited. However, the thesis is discussing the problem of trafficking in human beings with the help of four legal cases, all concerning trafficking in human beings and/or procuring and where the victim is over 18 years old. The outcome is different in all four cases even thought there are many similarities between the cases concerning the victim and the course of action. The so called ''otillbörlighetsrekvisitet'' have in all four cases played a major impact in the outcome of the case.},
  author       = {Renntun, Lisa},
  keyword      = {Processrätt,Straffrätt},
  language     = {swe},
  note         = {Student Paper},
  title        = {Bevisproblematik vid prövning av människohandel},
  year         = {2008},
}