Organiserad brottslighet - eller brottslighet i organisation

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

Sammanfattning: This thesis describes the legal system of joint perpetratorship. The prosecution of organized crime raises serious procedural questions. Organized crime is a wide term; it is not possible to state in general terms. In order to understand the involvement in crime over time there is a definition of criminal organizations and gang violence. The gang crime and the organized crime groups overlap and some complement one another. The organizational structures of the criminal groups include hierarchies, networks, and cells with many evolving and over time changing circumstances. Few court cases are mentioned to exemplify crimes with joint perpetratorship and how the court reasoned in these cases. I provide a descriptive analysis of partners in crime according to the Swedish law system. The main question is about how evidence is valuated in the court. Collective punishment is not allowed but there are some exceptions. Swedish law is specifically designed to give the prosecutor a chance to indict several perpetrators without any detailed specification for a crime which are committed in collectively and in consensus. It is the duty of the prosecution to prove each individual’s guilt. It is also a question about legal safety that not to be sentenced for a crime which the defendant not participated in. Ultimately it is a question about resources and the effectiveness of the law system.

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