Smugglingsbrott som ekonomisk och organiserad brottslighet - Rättspolitik, rättsregler, rättstillämpning

Sammanfattning: The point of departure of the dissertation is crime committed when doing cross-border transactions concerning otherwise legal products. The crimes in focus are such which can be described as more organised than everyday crime – but not as organised as required by the widely used and discussed concept of organised crime. From there, a discussion, based on criminal politics, criminal law, crime and Swedish court decisions in smuggling and tax crime cases is held, with the definitions and concepts of economic and organised crime in focus. As a conclusion, neither extracts from the debate in criminology and criminal politics nor from preparatory works concerning economic or organised crime are, to any significant extent, visible in the judgements and court decisions examined. As for the principle of equal treatment in criminal matters, as well as for questions of rule of law, this is positive; the aim of the criminal procedure is not to put criminality in context but to examine if a certain crime has been committed.