Jämförande kriminalpolitisk analys av lagar och lagförslag : Mellan Danmark & Sverige

Detta är en Kandidat-uppsats från Linnéuniversitetet/Institutionen för statsvetenskap (ST)

Författare: Stina Brask-nilsen; [2023]

Nyckelord: brottsbalkan; gängpaket;

Sammanfattning: The analysis material consists of legislative proposals, laws and government letters from Denmark and Sweden. It is a comparative study that compares each country's approach to criminal policy legislation. The essay also has a theory-testing part, where the rational choice theory is tested against Swedish legislative proposals. Denmark has long introduced several toughening of penalties initiatives. With gang packages called Bandepakkerne that target the development of crime in particularly vulnerable groups in society. Sweden, on the other hand, has had a more humanitarian and equal assessment of serious crime developments. With a youth discount and a lower prison sentence. The analysis has been carried out through a code schedule. The schedule assesses the proposed legislation's ambition to emulate Danish laws. The degree difference is assessed from low imitate ambition to too high. The comparative analysis is carried out to answer the essay's first question: how is it that the Swedish government wants to emulate in Danish criminal policy? The theory-testing part has the purpose of answering the second question: why does the Swedish government want to imitate the Danish criminal policy, is it out of self-interest or the best interests of the country?The result shows that there are extensive differences between the countries' penalty value. Sweden takes a more passive approach to stricter measures and Denmark takes a tougher approach. the theory in question can be both strengthened and disproved in the theory-testing result. Some suggestions are strengthened from the rational choice theory, and others are not. In several legislative proposals, one can clearly see that Sweden is approaching Denmark in its penal policy. Several legislative proposals are taken directly from the Danish law book, others are more adapted based on the proportionality principle in Sweden. 

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