Låt den rätte komma in: En kritisk granskning av lagen om tillträdesförbud till butik utifrån kriterierna för generell kriminalisering

Sammanfattning: Crime and disorderly conduct, which are affecting Swedish retail trade, have been a problem in which several preventive measures have been taken. The store owners right to property is violated as a result of the problem with crime in the retail trade. On March 1, 2021, law (2021:34) about admissibility to stores (“tillträdesförbudslagen”) came into force. The law means that a restraining order combined with criminal liability can be issued against individuals who are deemed to be at risk of committing a crime inside a store. The law about admissibility to stores is an individual, punishable prohibition that differs from regular penal law due to the nature of the prohibition as it is directed at individuals. This thesis therefore examines how law about admissibility to stores relates to the criteria applied within regular criminalization in penal law. This is done with the help of doctrinal legal methodology and a theoretical assumption that criminalization must take place on established grounds in order to be accepted within the principle of rule of law. Based on a critical evaluation of the criteria set out in penal law this thesis shows that the law about admissibility to stores does not achieve these criteria particularly well. The law about admissibility to stores, and other individual, punishable prohibitions, should be regarded as a separate criminalization technique. This technique should be used to deal with behaviors that are particularly intrusive and are difficult to access with a standard criminalization procedure or other sanctions. Due to the restrictive nature of the law about admissibility to stores, the constitutionally protected right to freedom of movement is restricted. This thesis therefore examines whether the law meets the principal of proportionality that is set in the Instrument of Government for such a restriction. Based on an assessment of the law, in light of the proportionality principle, it can be concluded that the law about admissibility to stores is not a disproportionate restriction of the right to freedom of movement.