Anonyma vittnen – Hur långt kan lagstiftaren gå i kampen mot organiserad brottslighet?

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: Anonymous witness statements are legal in Norway and have been since 2001. Advocates for a similar system in Sweden believe a system with anonymous witness statements can be a counteract to organized crime and the lethal force that has increased during recent years. The problem is that anonymity for witnesses restricts the defendant’s rights to a fair trial, which is established in European Convention on Human Rights. The purpose of this essay has been to evaluate if there are legal conditions to establish a system with anonymous witness statements in Sweden, and how such a system should be regulated. A comparative examination of Norway’s system has been executed to see how their system is established and which measures have been taken to prevent a too far-reaching restriction in the rights of the defendant. Cases from European Court of Human Rights show that their view on anonymous witness statements has become more liberal during recent years. Because of these cases, it is possible for Sweden to introduce a system that grants anonymity for witnesses. The defendant is still entitled to the right to a fair trial, and for this to be possible countermeasures need to be introduced. Such countermeasures can exist by using a screen in the courtroom to enable the court to see the witness but at the same time protect the identity of the witness. A possibility to let the defense counsel or an independent person question the witness to examine its credibility can be done if they are aware of the identity of the witness. Anonymity during preliminary investigations can be used to obtain new evidence that can be used at trial. From the defendants point of view this is a possibility which is less infringing on their rights.

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