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17 Uppsatser om Prosecutor - Sida 1 av 2

Systemet för handel med utsläppsrätter : En fallstudie om dess påverkan inom industrisektorn i Värmlands län

The aim of our study is to explore the thoughts and beliefs held by the professionals who work with the sentence youth service for young offenders, and how they feel about the same.How is the sentence youth service perceived from a professional perspective? How does the concurrence look like between the police, the social services and the Prosecutor, when it comes to young offenders? What kind of difficulties/challenges do the professionals see in the possibility to effect the sentence youth service?The study is based on a qualitative method. The data consists of seven semi-structured interviews with two police officers, four social workers and one Prosecutor.The results of our study indicate that youth service is a good sentence for young first-time offenders; the study also indicates that concurrence between the different professions is a success factor; furthermore the study revealed that it was very difficult finding adequate working places..

Ungdomstjänst : ur ett myndighetsperspektiv

The aim of our study is to explore the thoughts and beliefs held by the professionals who work with the sentence youth service for young offenders, and how they feel about the same.How is the sentence youth service perceived from a professional perspective? How does the concurrence look like between the police, the social services and the Prosecutor, when it comes to young offenders? What kind of difficulties/challenges do the professionals see in the possibility to effect the sentence youth service?The study is based on a qualitative method. The data consists of seven semi-structured interviews with two police officers, four social workers and one Prosecutor.The results of our study indicate that youth service is a good sentence for young first-time offenders; the study also indicates that concurrence between the different professions is a success factor; furthermore the study revealed that it was very difficult finding adequate working places..

Dubbelprövningsförbudet avseende skattetillägg och skattebrott : - en utredning av införandet av regeringens förslag gällande en spärreglering samt ett samlat sanktionsförfarande ur ett rättssäkerhetsperspektiv

A tax penalty is an administrative penalty and is levied when the tax obligated provides false information for the guidance of their own taxation. Further can the taxpayer also be punished for tax evasion for the same false reporting. However, this is contrary to the European Convention that we should not be tried or punished twice for the same crime. The Supreme Court has through practice from 2013 ruled that the right not to be punished twice for the same offense shall include the system in force concerning tax and tax offenses. The Supreme Court has by this judgment determined that the system of penalty and tax evasion is not compatible with the dual test ban.In the light of the judgment the Government submitted in November 2014 a draft to the council regarding double test ban regarding penalty and tax evasion.

Unga lagöverträdare - Samhällets kompromiss? : En studie av socialtjänstens yttranden

AbstractIn Sweden all persons under the age of 18 are considered children. The age when it is possible to be held responsible for a criminal act, and therefor convicted in court, is 15. Society?s and, perhaps first and foremost, the authority?s attitude towards juvenile crime is that they should not be equal adults in the process within criminal law. Because children are considered essential for the society of tomorrow, it is important to pay extra attention to crimes committed by juveniles.

Unga lagöverträdare - Juridiska komplikationer i den brottsutredande verksamheten

The aim of this essay is to describe and analyse the legal complications that arise in connection with preliminary investigations involving several juvenile offenders, where all suspected persons have not attained the age of criminal liability. It is also intended to give a broad analysis of the concept preliminary investigation, with particular emphasis on juvenile offenders. It further analyses the legislation and legal complications on the basis of a rule of law perspective. The method previously used is court dogmatic, where in front law text, preparatory work, case law and legal doctrine have been used in order to present the existing sources relating to the subject matter of discussion. The criminal investigative bodies consider juvenile offenders are regulated under the Swedish RB 23 - 28 chapters, FUK and LUL.

Ligghall för utegångsdjur ? en sammanställning och analys av domar i djurskyddsärenden som handlar om ligghall till utegångsdjur åren 2007-2013

There is currently an ongoing discussion in Sweden about the need for weather shelter for farm animals being kept outdoors during the winter season. Currently, the national animal welfare legislation requires weather shelter providing the animals? with access to a dry and clean place to rest, but under certain conditions exemptions can be granted. The Swedish Board of Agriculture has put forward a hypothesis that there is a difference between judicial decisions in animal welfare cases dealing with weather shelters, as to whether the animal has shown to be suffering or not. The aim of the study was to highlight any weaknesses or difficulties when assessing animal welfare issues associated to the absence of or design of weather shelters.

"Så länge det inte är till men för den unge" : - En kvalitativ studie om samverkan mellan myndigheter och en frivilligorganisation gällande unga lagöverträdare i Kalmar kommun.

The aim of this study was to investigate how the authorities; Social Services, Police and the Office of public Prosecutor co-operate with the voluntary organization; Unga KRIS in the matter of young offenders. The purpose was also to investigate the conditions, possibilities, vices and difficulties in the cooperation between the operators. This study was based on six semi-structured interviews with representative from all four operators. The empirical material has been analyzed through a new institutional theory which focuses on values and norms in an organization. The result of this study showed that there were a lot of conditions and possibilities too co-operate between the operators such as through personal contacts. Further the result illustrated a number of difficulties for example that the authorities? different laws don?t connect.

En europeisk åklagare : ett hot mot den fria bevisprövningen?

There are intense discussions within the European Union regarding the introduction of a European Public Prosecutor (EPP). The proposed EPP will have jurisdiction in the entire union, and will work under a unified set of rules of procedure. These procedural rules will differ from the Swedish rules of criminal procedure, especially regarding the handling of illegal evidence. The thesis describes the European legal history, especially regarding criminal procedure. The thesis also describes what the purposes and principals are in Swedish criminal procedural law, and the purposes and principals in the proposed European criminal procedural law.

Institutet beslag : vid brottsutredning

The purpose of this paper is to explore what objects that can be seized and how the management of a seizure should be conducted. Ability to take enforcement against an individual should be carefully weighed against the rights and freedoms that exist. Seizure is one of the various restraints that exist, and the regulation on which they appear is mainly in the Code of Judicial Procedure, Chapter 27th. To be able to apply coercive measures, it is fundamental prerequisite that a criminal investigation is initiated, but there exist some significant exceptions to this. There are also rules about who has the right to provide for the seizure, the decision can be taken by a Prosecutor, an investigator, a police officer or, in special cases, the court.

Problem vid beslagtagande av egendom

This thesis takes its starting point in the 27 Chapter 1, section 1 of the Swedish code of judicial procedure, where the following is found:?objects reasonably presumed important to a criminal investigation or taken from a person through a criminal act or subject to criminal forfeiture may be seized?In this thesis we have investigated what kinds of problems occur when the seized object is part of an investigation of IT-related criminality. We have used methodological investigations of Swedish laws, legal usage, and the preliminary work with laws. Further have three interviews been made with different actors affected by or involved in seize of objects. These persons were a police officer, a public Prosecutor, and a person whose object has been seized.The result we present is that there exist three kinds of problems related to objects that are seized within the demarcation of this study.

Gerillaodling - ett frö till förändring

Abstract A phenomenon that has been noticed more and more in media and the public space in recent years is what is called guerrilla gardening. It means the illicit cultivation of someone else?s land. This report's intention is to analyze what impact guerrilla gardening could have on today's urban space in terms of stable changes in norms and physical design. I have also focused on guerrilla gardener?s choice to carry out these actions illegally, without asking for permission, and what impact that could have on the issue of appropriating public space.

Välfärd & Rättvisa: socialsekreterarens roll i arbetet med yttrande för unga lagöverträdare

In the last couple of years changes in the legal systems treatment of young offenders has given the social worker more legal responsibility. In view of this, our purpose with this study was to examine how social workers and Prosecutors apprehend the role of the social worker during the legal process. The study was delimited to look into the handling of young offenders between the ages of 15 and 18 years old. The questions we intended to look at were: How do the social workers reason when trying to see the need of a child within a legal context; Do Prosecutors and social workers experience that they have different approaches when looking at young offenders, as a consequence of their different professions; What is the opinion among social workers considering the duty of the social services to administrate community service for young offenders; How do the social workers argue when determining whether or not a young offender has a "special need for care". These questions were answered through empirical studies where six social workers and two Prosecutors were interviewed.

Trovärdighetsbedömningen av muntliga utsagor i brottmålsprocessen

In some criminal cases, the only existing evidence is the verbal statement of a witness or the plaintiff. The typical example is an alleged rape where victim and perpetrator have had some kind of relation, and their records of the incident differ. In these cases, the assessment of the value of the evidence drawn from the plaintiff's story is of crucial importance. On the one hand, a false positive judgment means that a person is wrongly convicted, on the other hand, a failure to correctly identify a truthful claim of rape means that a victim of a severe crime is left without judicial remedy. That the Prosecutor must prove that the crime is committed by the defendant without reasonable doubt, means that there is much more chance of a failure to convict guilty felons, than of the opposite.In the essay, the rules of criminal procedure directed at the evaluation of the verbal statement are identified and critically evaluated from the perspective of how they may or may not facilitate the judgment of a verbal statement presented before the court, either in person, or through other media such as video.

Ingen Lag - Straff? Straffansvar och befogenheter för svensk militär personal i internationella insatser ur ett rättstillämparperspektiv.

INGEN LAG ? STRAFF? ABSTRACTThe thesis deals with a gap in the Swedish legislation concerning the criminal responsibility under which military personnel act in international peace operations. According to international treaties called Status of Forces Agreements, military personnel operating abroad within the territory of other states are exempted from the criminal law of the host states. In return, their home states apply its national criminal law upon the personnel instead. Thus, Swedish criminal law is applied in relation to actions taken by Swedish military forces in international operations.

Våldtagen eller inte? En studie kring professionellas syn på den våldtagna kvinnan och den rättsprocess hon genomgår

Many sexual crime matters are in a difficult position when it comes to proof, where it's word against word between the parties. However, the legislation states that it's the offender's actions that are to be in focus for the judicial judgement, but often the focus is on the woman, whether she said no and how she acted in that particular situation (Sutorius & Kaldal, 2003).The purpose with this essay was to investigate the professionals' view of the raped woman and what image the professionals convey/construct of the legal proceedings she goes through. With professionals, we mean lawyers and other professionals that function as support or treatment contacts for raped women. The questions we considered to be relevant for our investigation were: What image of the raped woman do the professionals convey? What image of the crime rape do the professionals convey and what image do they convey/construct of the legal proceedings the woman goes through? How is the view of the raped woman constructed in society? We considered qualitative interviews mixed with earlier studies and theories to be the best investigative method for our purpose.

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