Bulvanen och huvudmannen bakom - En studie kring den faktiske företrädarens straffrättsliga ansvar
Sammanfattning: Economic crime has played an increasingly significant role in our modern society. Crime perpetrated within companies are becoming more of a social problem, not least when it comes to organized crime. It has become of greater importance, how to hold the persons who commit crimes within a company accountable for their deeds. Based on this purpose, certain principles for criminal responsibility within a company has been created, to make those persons within a company, who has the opportunity to prevent crime, responsible for criminal activity (Sv. Företagaransvar). Not only to the legal representative of the company, that you might usually refer to when talking about a company`s leading management, such as the board or the CEO, can be held accountable when using this principle. Another legal principle has also been created to access the main perpetrator behind the criminal activity in those cases when he or she conceals their involvement behind a representative that has no real power over the management over the company. Through this legal entity or principle (Sv. principen om faktiskt företrädarskap), you can hold even those who are not legal representatives to account. Problems have arisen, however, regarding the interpretation and application of these two principles. A certain ambiguity as to how extensive the responsibility for the representative of the company is for crimes committed within the business is not fully clear within the Swedish legal system. On the basis of this problem, the present study aims to investigate how these principles relate to the basic principles of criminalization and legality (Sv. principer för kriminalisering och legalitet). Therefore a legal perspective has been adopted, which means to analyze how the legal field of criminal responsibility within a company relates to principles of legality such as a predictable legal order and the principle that no one should be punished forcrimes that are not statutory. After a review of the legal framework, case law and doctrine, a number of conclusions has been drawn regarding how principles of criminal responsibility within a company correlates with the basic criminal responsibility according to Swedish penal law. It seems basic requirements for criminal responsibility are sometimes abandoned when applied on crimes within a company. Uncertainty prevails about when responsibility for criminal behavior within a company shall be applied. Older judgments, based on laws that no longer apply, has endured as the present legal order although it is questionable whether it is equally applicable to today's crime cases. Conclusions to be drawn from the study implies that responsibility for crimes within a company actually seems to have evolved recently. The High Court of Sweden has made it clear that the principle of legality and criminalization also applies to crimes within a company, which implies that we may be evolving against a more predictive legal order in this area. One can also argue for a more restrictive application of the principle of criminal responsibility within a company (Sv. Företagaransvaret). Although the principles of law in this area seems to have evolved towards a brighter and more secure legal future, there is still interpretation and implementation difficulties. The legal situation is so unclear that it is a problem of it self in terms of legality. It would be of great importance if those with the legislative or judicial power raised the issue on its agenda.
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