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Sentencing an offender for several (cross-border) crimes in Sweden: what about equality and proportionality?
Stockholm University, Faculty of Law, Department of Law.
2019 (English)In: The Stockholm Criminology Symposium 2019: Program & Abstracts, 2019, p. 142-143Conference paper, Oral presentation with published abstract (Other academic)
Abstract [en]

The European principle of free movement of persons has made it possible for European citizens to easily cross borders between European Member States. As a consequence, Sweden is subjected to cross-border criminality and, thus, with offenders who have committed crimes all over the Europe-an Union. The Swedish policy for sentencing cross-border offenders who have been convicted before in another Member State of the European Un-ion is based on the Framework Decision 2008/675/JHA on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings. On the one hand, this Framework Decision obliges Sweden in some situations to unconditionally take into considera-tion a previous foreign conviction and to treat cross-border offenders sim-ilarly as purely national offenders. On the other hand, in some situations Sweden could choose to ignore the existence of a previous foreign convic-tion and to treat cross-border offenders in a manner not equivalent to the treatment of purely national offenders. The Swedish (possible lack of) im-plementation of the Framework Decision is especially remarkable with re-gard to the punishment of repeat offenders and the punishment of multiple offenders. It is, therefore, very interesting to study and discuss the current (lack of) sentencing policy concerning cross-border repeat and multiple offenders in Sweden and the reasons behind this (lack of) policy. Especial-ly the question to what extent the Swedish legislative authority took into consideration the equality and the proportionality principle when outlining the legal framework for punishing cross-border offenders is interesting. Is equal and proportionate punishment of mere national and cross-border of-fenders only illusory or did the Swedish government develop a sentencing policy that not only implements Framework Decision 2008/675/JHA, but also respects the fundamental human rights of a defendant?

Place, publisher, year, edition, pages
2019. p. 142-143
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:su:diva-179299OAI: oai:DiVA.org:su-179299DiVA, id: diva2:1395712
Conference
the 14th Stockholm Criminology Symposium, Stockholm, Sweden, June 10-12, 2019
Available from: 2020-02-24 Created: 2020-02-24 Last updated: 2020-03-19Bibliographically approved

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CiteExportLink to record
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Citation style
  • apa
  • ieee
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Output format
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