Boganmeldelser

Book review

I stället för straff : sanktionsavgifter som kriminalpolitiskt medel mot bagatellbrottslighet

Administrative penalties have been widely used in Sweden since the beginning of the 1970’s. These penalties were introduced to make some areas of legislation more effective, to free the overburdened criminal justice system of certain petty offences (décriminalisation) and to make it possible to penalise legal entities. From the viewpoint of legal theory, the administrative penalties represent a heterogeneous phenomenon which can not be subsumed under any kind of sanction existing in the Swedish legal system. From the point of view of criminal policy, the present legislation regulating administrative penalties is not fully satisfactory. There is a lack of any coherence behind the regulation. Moreover, the regulation and application of the administrative penalties do not respect some of the leading principles of repressive sanctioning acceptable in a democratic society. The Swedish administrative penalties correspond, at least partially, to the administrative penal law in a number of European legal systems. The main purpose of the creation of this sanction system and its most practical use have been the sanctioning of petty offences outside the criminal law. Even this kind of sanctioning, however, has to follow some basic principles and safeguards expressed, for example, in the European Convention for Protection of Human Rights. From this point of view, the present regulation of administrative penalties in Swedish law should be modified. The same criteria and similar legislative methods as those used in criminal law legislation should, in principle, be followed.Med sammanfattning på tyskaJuridikbok.se CC-BY-NC 4.0</p

I stället för straff : sanktionsavgifter som kriminalpolitiskt medel mot bagatellbrottslighet

Administrative penalties have been widely used in Sweden since the beginning of the 1970’s. These penalties were introduced to make some areas of legislation more effective, to free the overburdened criminal justice system of certain petty offences (décriminalisation) and to make it possible to penalise legal entities. From the viewpoint of legal theory, the administrative penalties represent a heterogeneous phenomenon which can not be subsumed under any kind of sanction existing in the Swedish legal system. From the point of view of criminal policy, the present legislation regulating administrative penalties is not fully satisfactory. There is a lack of any coherence behind the regulation. Moreover, the regulation and application of the administrative penalties do not respect some of the leading principles of repressive sanctioning acceptable in a democratic society. The Swedish administrative penalties correspond, at least partially, to the administrative penal law in a number of European legal systems. The main purpose of the creation of this sanction system and its most practical use have been the sanctioning of petty offences outside the criminal law. Even this kind of sanctioning, however, has to follow some basic principles and safeguards expressed, for example, in the European Convention for Protection of Human Rights. From this point of view, the present regulation of administrative penalties in Swedish law should be modified. The same criteria and similar legislative methods as those used in criminal law legislation should, in principle, be followed.Med sammanfattning på tyskaJuridikbok.se CC-BY-NC 4.0</p

When the line is crossed...: paths to control and sanction behaviour necessitating a state reaction

The article presents a special form of a European comparative synopsis. For this case examples have been chosen ranging from administrative or minor (criminal) offences to increasingly serious offences and offenders. In this way it can be comparatively demonstrated how the criminal justice systems studied handle specific cases and whether they do so in a similar or different way

Boganmeldelser

Book review

Boganmeldelser

Book review

The Criminal Justice Approach : Case Exemples

This article provides an overview of the various forms of proceedings available within 11 European criminal justice systems and reflects upon their core features. It also provides a picture of how far alternative, non-criminal proceedings are used by some of the systems as a different path to imposing a state reaction upon wrong-doers