Sveriges första synnerligen försvårande omständighet - strider den mot legalitetsprincipen?

Sammanfattning: In the last decade Sweden has seen a steady increase in the usage of fi-rearms and explosives to settle disputes between local street gangs. These groups predominantly operate in socio-economically disadvantaged areas where members often gradually drift into a criminal lifestyle. They have a loose structure and the relations between members are often based on fri-endship and a common upbringing which makes it harder for law enforce-ment to map out the groups. To take a clear stance against what they consider to be a major societal issue, the government proposes legal provisions for harsher penalties. Cri-mes perpetrated with firearms or explosives as well as crimes with a con-nection to disputes where firearms or explosives are used would under the new provisions carry a harsher sentence. The harsher sentence could, with the new provisions, even transcend the normal penalty scale for the crime. The purpose of this essay has been to discern whether these provisions are predictable enough such that they align with the principle of legality. If the provisions in proposition 2022/23:53 were to be implemented, they would affect a far wider audience than simply the street gangs. The ne-cessary prerequisites are vaguely formulated and do not limit the provis-ions to only apply to the gang disputes which means that the provisions can be applied to everything from conflicts between neighbours to fights between sports hooligans. The suggested provisions have come under he-avy criticism from several consultation bodies. Alternative solutions where the government, in some form, defines what constitutes a criminal network would have made the provisions more accurate and predictable. The suggested provisions do not meet the requirements we put on legis-lation in accordance with the principle of legality.