Gängdeltagande - En granskning av kriminaliseringens utmaningar

Sammanfattning: The act of criminalization represents a significant intervention by society against its citizens. Jareborg's principles serve as the foundation for determin-ing when such measures should be employed. This essay aims to investigate whether the proposal to criminalize participation in criminal gangs aligns with Jareborg's principles and statutory requirements. According to Jareborg, law-makers must consider effectiveness, acceptable protection interests, and Ulti-ma Ratio in criminalization. Additionally, constitutional demands necessitate predictability and generality in penal provisions. A major challenge for lawmakers lies in crafting a penal provision that isn't too narrow, only targeting highly structured gangs, while avoiding vagueness that make it difficult for citizens to anticipate potential legal consequences. Many gangs exhibit diversity, loose structures, and a lack of distinctive unify-ing traits, complicating the establishment of a well-defined penal provision. These challenges with definitions imply doubts about the effectiveness of criminalization. Moreover, it remains uncertain if criminalizing gang particip ation would truly deter criminal behavior, as individuals engaged in crime are often unfazed by the threat of punishment. Additionally, the surge in criminal gang activity is frequently attributed to social factors. It is evident that if an amendment to freedom of association in the constitution occurs, as is currently under consideration, lawmakers would still encounter substantial obstacles in implementing an offense for participating in criminal gangs.