Bekämpning av organiserad brottslighet - En undersökning av om en skärpning av 23 kap. 6 § BrB är ett mer effektivt sätt för att bekämpa den organiserade brottsligheten

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Sammanfattning: Organised crime is a subject that is constantly current and constantly discussed. It is an extensive and problematic area, for example when it comes to definitions. In recent years, considerable resources have been spent on combating organised crime. Organised crime is said to constantly grow, despite considerable resource investments, and the question of how this type of crime is best fought, is still current. In regard of what is said above, the Swedish government decided to appoint an inquiry, February 21, 2013. One of the inquiry's considerations was whether modifying the Penal Code’s twenty-third chapter’s sixth paragraph more effectively could counteract organised crime. The inquiry's work resulted in SOU 2014: 63: Organiserad brottslighet – förfälts- och underlåtenhetsansvar, kvalifikationsgrunder m.m. When the author was in his eight semester of the law program in the fall of 2014, he had a group presentation on criminalization principles. During the work for the presentation, the author got familiarized with various inquiries, which, among other things, discussed the effects of an criminalization inflation and that argumentation in different inquiries were adapted to support the conclusion that new criminalization were necessary. Through this paper were given an opportunity for the author to explore the intriguing question that the inquiry also has investigated. In addition to investigating whether or not the Penal Code’s twenty-third chapter’s sixth paragraph should be modified, the author chose to also investigate whether a modification can be considered compatible with the important criminalization principles or not. In conclusion it may be said that organised crime is a threat to the Swedish society, but the threat is diffuse. The ambiguity of the threat is partly due to the fact that organised crime is made up of different types of gangs and groups who commit different types of crimes. The inquiry's proposal is, like the threat from organised crime, unclear. Ambiguities in the proposal will also ensure that it becomes difficult to determine whether it is a more efficient way to counter organised crime, and this is why the proposal, according to the author, should be rejected. The author also believes that the Penal Code’s twenty-third chapter’s sixth paragraph is not suitable for a modification on the grounds that the new provision will have limited practical significance. A possible modification on the grounds that some efficiency can be achieved should not be considered compatible with the criminalization principles, which stipulate that criminalization should be a last resort. If a criminalization is introduced without further ado, and the principles of criminalization not sufficiently are taken into account, the author fears that there is a real risk for a future criminalization inflation.

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