An alien who commits a crime with imprisonment in the penalty scale can be expelled from Sweden. In order for deportation to be relevant, the alien must be sentenced to a more severe punishment than a fine. In examining the issue of deportation, the court must also take into account the alien's connection to Swedish society and make an overall assessment where the reasons for and against deportation are weighed against each other. If the alien has resided in Sweden for a longer period of time, special reasons for deportation are required, which provides a very strong protection for the alien. The legislation on deportation due to crime is sparsely worded and entails ambiguities in many respects. Examples of ambiguities are which factors get into a recidivism risk assessment when there is no previously documented crime and how the factors in the assessment of an alien's connection to Sweden are to be evaluated. The problem with these ambiguities entails difficulties in predicting the outcome of the overall assessment that the court makes when the reasons for and against deportation are weighed against each other. It is reasonable to assume that the ambiguities can also lead to equal cases not being treated equally as the court is given a great deal of room for interpretation in its overall assessment. From a legal security perspective, these circumstances are problematic as legal security is largely based on the law being predictable. In order to remedy the problem, the legislator must take a clearer position and dare to legislate on the issues. Keywords: Alien, crime, deportation, severe punishment, legislation.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:ths-1327 |
| Date | January 2021 |
| Creators | Mirzoev, Rasul |
| Publisher | Enskilda Högskolan Stockholm, Avdelningen för mänskliga rättigheter och demokrati |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
Page generated in 0.0011 seconds