Ett oacceptabelt angrepp - En utredning av det straffrättsliga skyddets vidd för polisen, ambulanssjukvården och räddningstjänstens verksamhet

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: Threats and violence directed toward the police, fire and ambulance service (Blue Light Staff) has recent years increased and is even of a more serious nature. In this thesis I examine the extent to which the emergency service are covered by the strengthened legislation in Chapter 17 §§ 1-5 of the Swedish Criminal Code (SCC). The criminal law provisions include violence and threats of violence against officials, and imply enhanced criminal protection for those covered by the law. This thesis the extent of the regulation and to which blue-light personnel ex-ercise authority. The regulation in Chapter 17, §§1-5 of the SCC, is linked to the exercise of authority, which means that emergency workers and ambulance ser-vice ande fire service providers in the main are not covered by the enhanced protection. Consequently, the existing legislation does not provide adequate criminal pro-tection for attacks directed against blue light straff, nor is the protection is comprehensive. The reasons are many, yet one of these is that the SCC in Chapter 17 of the SCC does not include all forms of violence directed against blue lights staff and that this criminal protection does not cover property. This thesis even investigate if there is reason for the recently proposed law Blåljussabotage and whether it implies enhanced protection for blue-light staff. My conclusion in this thesis proposal regarding violence aimed at “blue-light” staff provide punishes acts that are already subject to criminal liability under other criminal provisions, and that there are no specific reasons for the legislation of the Violence Aimed at blue light staff. The problems that arise in this area should instead be resolved by other means. In order to address the problem that ambufire and lance staff are co-vered by the enhanced protection in Chapter 17 of the SCC, I suggest that these professionals should be introduced into the law with a special regulation in accor-dance with Chapter 17, § 5 of the SCC.

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