Nordisk Tidsskrift for Kriminalvidenskab

Forside

2024-04-08T11:40:07+02:00

Kolofon

2024-04-08T11:43:40+02:00

Indhold

2024-04-08T11:47:48+02:00

Forord

2024-04-08T11:51:28+02:00

Om allokering av straffansvar vid arbete utan tillstånd

2024-04-08T11:56:27+02:00

Abstract
On 23 February 2023, a comprehensive reform of the Aliens Act concerning the employment and business activities of foreign nationals entered into force in Finland. The objective of the reform was to increase the authorities’ ability to prevent the exploitation of foreign labour. One of the most significant changes involved the client´s obligations to ensure the right to work for foreign nationals entering and remaining in employment. These changes were prompted by, among other things, problems identified in the regulatory framework concerning the obligations of the employer and the client and the allocation of criminal liability.

The article analyses the allocation of liability for offences related to unauthorised work from the perspective of Finnish legislation. It focuses on how criminal liability has been shared and allocated since the comprehensive reform of Chapter 5 of the Aliens Act was implemented in Finland. The article concludes that after the amendments to the Aliens Act, criminal liability will be allocated in the same way and to the same parties, regardless of whether the Criminal Code’s provision on the unauthorised use of foreign labour or the Aliens Act’s employer’s alienage offence applies in the case under consideration. This can reasonably be seen as reducing the problems of apportioning responsibility for unauthorised employment. As regards the concrete attribution of criminal liability, attention must be focused on the circumstances of the act, the employer organisation and the specific person in that organisation.
The starting point for allocating criminal liability must be to determine who is responsible for the offence in the first place within the meaning of the applicable provision. It is then necessary to determine who has the authority to hire and retain employees. Finally, criminal liability must be attributed to the person who actually committed the acts in question.

Menneskeretligt lys på resocialisering i dansk straffuldbyrdelsesret

2024-04-08T14:29:47+02:00

Abstract
This article seeks to clarify the concept of rehabilitation in the context of human rights and demonstrate its incorporation into applicable prison law in Denmark. The discussion begins with a summary of select US judgments and analyses of case law. It then delves into the most prominent stipulations and recommendations of international law. Finally, it proceeds to an analysis of the status of rehabilitation within Danish law. The article concludes that while Danish law concerning rehabilitation is generally in harmony with human rights requirements and recommendations, there are certain instances where legislation and practice fall short of human rights standards

Att bevisa målbildsuppsåt vid penningtvättsbrott – möjligheter och svårigheter

2024-04-08T14:41:06+02:00

Abstract
Proving target intent in money laundering cases: possibilities and problems.

Many criminal law researchers have stated that the volition of the perpetrator is relevant only when their purpose is a consequence that forms a part of the constituent elements of a criminal offence. Hence, the perpetrator could not have the other constituent elements of a criminal offence, e.g. circumstances, as their purpose or target. However, it has been recently stated in legal literature that the circumstances that form part of the constituent elements of an offence may also be relevant as targets of the offender. This form of criminal intent has been designated target intent (dolus propositum), where the offender at the time of the criminal act considers the circumstance element of a criminal offence their target.

The current paper concentrates on target intent in money laundering, where the offender must have criminal intent in relation to the fact that the property they, e.g., receive, use, convert, convey, transfer, transmit or possess has been obtained through an offence. The paper examines whether the Finnish lower court cases concerning money laundering contain facts that could work as evidence of target intent on the part of the offender. It also considers the type of problems that can arise when attempting to prove target intent in money laundering cases. The study applies qualitative content analysis within a theory-oriented approach as its main methodology.

The theory of target intent with its six subcategories – causing intent, selecting intent, ensuring intent, strengthening intent,
revealing intent and desiring intent – provide a theoretical framework for the content analysis. These six subcategories represent the manifestations of target intent on a theoretical level. Most importantly, the subcategories structure the external and objectively observable facts by which the offender may express his or her will. The subcategories of target intent should therefore be utilised when assessing the possibility of target intent. By referring to these subcategories, it is possible to assess whether the offender has acted with target intent at trial.

The analysis concludes that it is difficult to prove target intent in money laundering cases. Proving target intent in particular demands details concerning the behaviour of the perpetrator at the time of the criminal act. From the standpoint of the criminal law, intent cannot be based on thoughts and attitudes that have nothing to do with actual conduct of the offender. Hence, target intent must be apparent at the time of the offence and appear in the act in question. Money laundering is typically a drawn-out process as opposed to a spontaneous crime. This makes it challenging to recognise whether the offender has, at a certain moment, considered the definitional circumstance of his or her target. Moreover, the money launderer seldom indicates their willingness to handle only funds derived from criminal activities in an unequivocal way.

Based on the analysis, target intent mainly arises in criminal cases where the offender has also been aware of the existence of the relevant circumstance. This poses a significant challenge for target intent in money laundering cases where proving intent seems to be difficult in general. Instead of visibly showing that they are searching for property obtained through an offence, the money launderer rather wilfully avoids information concerning any illicit origins.

Liv Finstad: Polis – vad är det?

2024-04-08T15:28:31+02:00

Mehdi Ghazinour & Malin Eriksson (redaktörer): Polisiärt arbete i utsatta områden. Utmaningar och möjligheter

2024-04-08T15:34:09+02:00

Jerzy Sarnecki og Christoffer Carlsson: Brottsligheten och samhället

2024-04-08T15:40:42+02:00

Andreas Anderberg, Dennis Martinsson & Erik Svensson (red.): Teori och politik – Straffrätt i omvandling

2024-04-08T15:46:22+02:00

De nordiske kriminalistforeninger 2023

2024-04-08T15:53:03+02:00