En utvidgad interimistisk beslutsrätt beträffande hemlig rumsavlyssning - Lämplig åtgärd att tillgripa i kampen mot den organiserade brottsligheten?

Sammanfattning: In recent years, work against organized crime in Sweden has increased. In September 2019 a crime prevention program was launched containing 34 proposals for measures to combat organized crime. Within the program the issue of extending the regulation of interim decisions concerning secret coercive measures has come to the fore. This essay aims to evaluate wheather interim decisions on bugging is an appropriate measure to combat organized crime. However, when a new integrity violating and infringing measure is to be introduced, certain basic conditions must be fulfilled in order not to have unnecessary and unduly burdensome interference with the individual. Otherwise, we will have an expansion of control and surveillance without making law enforcement more effective. This thesis addresses this balance by examining the interaction between the interest and needs for effective tools within law enforcement and the protection of privacy and legal certainty. In the interest of establishing a framework for this essays’ research, the current system of secret coercive measures and interim decision is mapped. This is done in order to provide a deeper understanding of the conditions under which interim decisions regarding secret coercive measures are permitted. Previous considerations of a general regulation of interim decisions and the successive development of the legislation are also affected. Furthermore, the threat scenarios and needs identified justify the measure are described and then set against efficiency and proportionality. Various factors and values that are important in the assessment of the suitability of the measure are also described. In the light of threats and tangible needs, the essay states that there is a need to introduce more and better tools into law enforcement to combat organized crime. The issue of efficiency is found to be difficult to investigate, but the thesis finds that some expected efficiencies are available through interim decisions on bugging. On the other hand, the measure is not considered to be proportionate to the infringement it entails. However, the essay suggests that the measure could be subjected to conditions and thus avoid unnecessary privacy breaches. The thesis therefore concludes that there is some support that a conditional provision on interim decisions on bugging would be an appropriate means of resorting to in the fight against organized crime.