Tillgången till handlingar för brottsutredare: En rättsvetenskaplig studie av beslag med husrannsakan, myndigheters utlämnandeskyldighet samt editions- och exhibitionsplikt
2011 (Swedish)Doctoral thesis, monograph (Other academic)
Rules that give police and prosecutors access to information are of great importance for the combating of crime, but they might also violate human rights. This thesis focuses on documents, which often contain information that criminal investigators need.
The overall aim of this thesis is to analyze in what ways Swedish legislation enables criminal investigators to gain access to documents and to discuss what means they should have for receiving such objects. This analysis is carried out through closer study of the legal regulation of seizure combined with the search for objects, public access to official documents, and the obligation of authorities to provide other authorities with information, as well as the obligation to produce written evidence or objects of inspection.
The aim of the thesis is to survey and call into question the law as it stands as well as discuss possible solutions to some of the problems. The basis of the critical analysis provided is that good legislation should be well-balanced, clear and coherent. The material used comes primarily from Swedish legal sources, and is also based on case law handled by the European Court.
One conclusion reached is that seizure in combination with search seems to be the most important regulation concerning the need of criminal investigators requiring to access private documents, while the obligation of authorities to provide other authorities with information seems to be the main basis on which to receive documents held by authorities. Another conclusion is that the rules under scrutiny here seem in some respects to be unbalanced, unclear and incoherent.
Place, publisher, year, edition, pages
Umeå: Iustus förlag, 2011. , 634 p.
Skrifter från Juridiska institutionen vid Umeå universitet, ISSN 1404-9198 ; 25
coercive measures, criminal investigations, criminal process, documents, the European Convention for the Protection of Human Rights and Fundamental Freedoms human rights, legislation, police, prosecutors, public access to official documents, search, secrecy, seizure
Research subject Law
IdentifiersURN: urn:nbn:se:umu:diva-50450ISBN: 978-91-7678-795-3OAI: oai:DiVA.org:umu-50450DiVA: diva2:463391
2012-01-13, Humanisthuset, Hörsal E, Umeå universitet, Umeå, 10:15 (Swedish)
Frände, Dan, Professor
Boström, Viola, JD, universitetslektor