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A common method employed within various national jurisdictions, utilized to counter organized crime, extremism and similarly felonious activities has been to legislate criminal prohibitions against actively participating in the very organizations within which these activities occur. Such legislation, however, has turned out to be a frequent subject of discussion for criminal law theorists. The legitimacy of criminalizing participation in and other types of involvement with criminal (and similar) organizations may be doubted, in light of various, often recited principles in criminal law theory and legal philosophy. This thesis examines these doubts and evaluates whether this type of criminalization fully meets the standards set by the aforementioned principles.

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Critical failings with AML-compliance have been observed in multiple Swedish banks over a period of time. The banks referred to often have complex organisational structures, where a parent company owns several subsidiaries, and the companies within the group are limited liability companies, LLCs. According to the law regulating LLCs, every LLC is an independent judicial person. The Swedish regulation has no specific set of rules applicable to LLCs in a company group. The AML-regulation can request a parent bank to fulfil the compliance standard on a group level. As a consequence, the parent bank becomes responsible for the subsidiary’s AML-compliance. In a recent case from the Swedish Financial Supervisory Authority, a parent bank emphasised that the LLC-regulation won’t allow a bank to carry out the governance and control necessary to comply with the AML-regulation. The same problem has been identified in the legal doctrine. According to The Swedish Companies Act, a parent company may only govern its subsidiary by bringing about decisions in the shareholders general meeting, in its capacity as a shareholder. The shareholders general meeting is the highest decision-making body in the company. However, the board have authority over the organisation and management of the company. In conclusion, there are significant difficulties imbedded in the LLC law since a parent company has no lawful right to instruct the subsidiary’s board, which obstructs the parent company from governing the subsidiary regarding AML- compliance. In this Master Thesis, I argue that the Swedish regulation needs modification and that the German law for company groups could efficiently serve as a model. Germany has had a codified law for company groups for a long time. As an example, a parent company and a subsidiary may enter into a control agreement which allows the parent company to instruct the subsidiary’s board directly. The German law also ensures protection for the subsidiary’s creditors since the parent company is obliged to cover any eventual losses in the subsidiary, if there is a said control agreement in place. A similar regulation in Sweden would facilitate for parent companies to govern subsidiaries regarding AML-compliance.

The debate of recognition or non-recognition of the digital exhaustion doctrine of the right of distribution for the copyrighted objects other than computer programs has been actively carrying on within the last decades in the EU. The explosive growth of the electronic versions of works and digitalization of the traditional copyrighted objects leads to new questions and challenges about its dissemination and usage by consumers. This work examines and investigates whether, and if so to what extent, the exhaustion principle of the right of distribution can apply to e-books in the online realm after two landmark cases: the UsedSoft case and the Tom Kabinet case. These two cases offer a different interpretation of the exhaustion doctrine in the digital field in relation to the different copyrighted objects, namely digital books and computer programs. It is argued that despite the CJEU’s decision in the Tom Kabinet case and lack of explicit clarity in the EU Directives devoted to the copyrighted objects, there is some room for digital exhaustion of the distribution right for the electronic books. This paper will also analyze the hypothesis that the peculiarities of the book market itself may potentially influence the recognition of the digital exhaustion principle from an economic standpoint. However, it is shown that the digital marketing of the works per se entailing multiple reproductions of the e-files as a technical step of the dissemination process creates new challenges on the exhaustion doctrine application. The paper provides a legal, economic and technological analysis of the EU exhaustion doctrine and its potential admissibility on the second-hand market of electronic books.