Otydliga rekvisit i BrB 4 kap. 1 a § om människohandel : Tolkningsproblem i frågan om kontroll och otillbörliga medel

Sammanfattning: The thesis will discuss the interpretations of the two requisites; Control and improper means in the paragraph concerning trafficking in human beings, who can be find in the Swedish penal code chapter 4, section. 1 a. This paragraph is worded in a way that indicates that the paragraph is misinterpreted and that it is therefore hard to proof that the present requisites have been used or fulfilled. However, Sweden has by accepting international legal framework committed itself to do anything in its power to prevent, suppress and punish trafficking in persons. The interpretation of the paragraph has shown that the difficulties have mainly depended of its indistinct formula. A new review published in April 2008 shows that the paragraph should be afforded a new wording, and therefore contain new requisites. For criminal liability of trafficking in human beings the current requisite about control is interpreted along with the use of improper means. Control is taken with the aim to use the victim for trafficking. This requisite is consequently removed from the suggestion that the review publishes. The requisite about improper means are though still in the paragraph, mainly to show that violation of the personal integrity are greater that the violation of sexual integrity. One of the problems concerning the prosecution in cases with great resemblance to trafficking are often prosecuted as procuring. Firstly, the current legal status of the paragraph is examined, by the preparatory work, mainly carried out by the Swedish government. This shows in which way the requisites where meant to be interpreted, and which relation the Swedish ordinance have to the international instruments and documents. Secondly, I present the court cases that have been discussing these requisites in there judicial decision. This shows how they are worded and which problems the legal systems see in these requisites. Furthermore I present the new review and their interpretation of the legal situation, and their conclusion is that the paragraph should be afforded with a new wording. Finally I discuss the likely outcome of these changes, with the background of the work material presented in this thesis.