Kriminalisera mera – eller? - En analys av hedersbrottsutredningen mot bakgrund av principer för kriminalisering

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

Sammanfattning: On October 7, 2020 the investigation Ett särskilt hedersbrott, SOU 2020:57, was presented, with a proposal to let crimes with honor motives constitute a specific criminal provision. In order to investigate if it would be justified to introduce in the Penal Code, the proposal will be analyzed on the basis of some selected principles and theories for criminalization. Although honor is a problematic concept with difficulties to define, some characteristics can be distinguished. In a culture of honor, the honor is strongly linked to women's sexuality, and it is of central importance to the reputation of the entire family. Therefore, there is a set of rules that family members must obey. Anyone who violates these rules runs a great risk of being subjected to violence and oppression in order for the family's honor to be restored. Honor-related crimes can currently be handled in accordance with the violation of integrity crimes and the rules of participation, among others. Since July 1, 2020, honor motives also constitute an aggravating circumstance in all types of crime. The design of the proposed honor crime is largely similar to the violation of integrity crimes, but with the differences that an honor motive is required, and that it is not a necessary prerequisite that the perpetrator is a relative to the victim. There are no fixed rules for when it is permissible to criminalize, instead guidance may be taken from principles and theories. The proposal is first analyzed on the basis of five selected principles for criminalization. The conclusion in that part is that the honor crime would not be justified to introduce, since there is already a provision with essentially the same scope. The proposal is then analyzed on the basis of Lernestedt's theories of criminalization. The conclusion in this part is that the proposal would be justified to introduce, mainly due to the signal value of the crime.

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