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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. The problems can be formal, and related to the Swedish laws; the problem can also be technical, where e.g. encryption can make the seized object impossible to understand or interpret; and the problem can also be humanly related.The conclusion is that the seize of objects, that are IT-related in some way, is a challenge for the Swedish judical system.

Författare

Larsa Nicklasson Camilla Nilsson Sara Wiström

Lärosäte och institution

Mittuniversitetet/Institutionen för samhällsvetenskap

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