Strafflindring på vilka grunder? - En genomgång av motiv och systematik gällande billighetsskälen i 29 kap. 5 § BrB
Sammanfattning: The purpose of this essay has been to review why and how the equity factors in the Penal code 29 chapter 5 § are used in the meting out of punishment. The essay intends further to review how the original purpose of the section of the law relates to the applied or proposed reforms of the regulation. Lastly the essay intends to analyze and discuss the procedure referable to the reform and the government inquiry concerning one of the equity factors. The equity factors in the Penal code 29 chapter 5 § were introduced in 1989 with the reason to avoid punishment that is excessively hard or in general unjust and to enable exceptions in an otherwise strict system. The equity factors do not refer to the criminal act and do not affect the penal value. Instead the equity factors refer to circumstances linked to the offender’s person. The equity factors were at the introduction primarily motivated by an endeavor of humanity. The applied and proposed reforms of the regulation, and the legislative history to them, points in another direction. Instead of humanity they rather use efficiency as the primary reason for change. The pity for the individual is exchanged for reasons connected to public welfare. This is particularly distinct in the reform of the Penal code 29 chapter 5 § 5p, and therefore this specific regulation is in focus. The procedure and discussion referable to the reforms and the legislative history contains shortage of explicitness and clarity in the discussion and the arguments for change do not reach an appropriate level of quality.
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