Body examinations of underage children committing crime - A Swedish perspective
The enforcement of a sentence requires that, at the time of the crime, the suspect has reached the age of criminal responsibility according to the Swedish Criminal Code (SFS 1962:700) as well as the Conventions on the Rights of the Child and also implicit in other international agreements. Similarly...
Main Author: | |
---|---|
Format: | Electronic Article |
Language: | English |
Published: |
2021
|
In: |
Bergen journal of criminal law & criminal justice
Year: 2021, Volume: 9, Issue: 2, Pages: 42-60 |
Online Access: |
Volltext (kostenfrei) Volltext (kostenfrei) |
Journals Online & Print: | |
Check availability: | HBZ Gateway |
Keywords: |
MARC
LEADER | 00000caa a22000002 4500 | ||
---|---|---|---|
001 | 1786200406 | ||
003 | DE-627 | ||
005 | 20220121083705.0 | ||
007 | cr uuu---uuuuu | ||
008 | 220115s2021 xx |||||o 00| ||eng c | ||
024 | 7 | |a 10.15845/bjclcj.v9i2.3524 |2 doi | |
035 | |a (DE-627)1786200406 | ||
035 | |a (DE-599)KXP1786200406 | ||
040 | |a DE-627 |b ger |c DE-627 |e rda | ||
041 | |a eng | ||
084 | |a 2,1 |2 ssgn | ||
100 | 1 | |a Nordlöf, Kerstin |e VerfasserIn |0 (DE-588)176851011 |0 (DE-627)734845421 |0 (DE-576)164668837 |4 aut | |
109 | |a Nordlöf, Kerstin | ||
245 | 1 | 0 | |a Body examinations of underage children committing crime - A Swedish perspective |
264 | 1 | |c 2021 | |
336 | |a Text |b txt |2 rdacontent | ||
337 | |a Computermedien |b c |2 rdamedia | ||
338 | |a Online-Ressource |b cr |2 rdacarrier | ||
520 | |a The enforcement of a sentence requires that, at the time of the crime, the suspect has reached the age of criminal responsibility according to the Swedish Criminal Code (SFS 1962:700) as well as the Conventions on the Rights of the Child and also implicit in other international agreements. Similarly, until 2017, the Swedish Young Offenders Special Provisions Act (SFS 1964:167) required that for the use of coercive measures, a person who was on reasonable grounds suspected of a crime which might lead to a prison sentence had to have reached the age of criminal responsibility. The requirements for a body examination were extended at the time in the Swedish Code of Judicial Procedure (SFS 1942:740) to also include situations where there is an uncertainty concerning the suspect’s age. The extension regarding body examinations was a consequence of the aftermath of the refugee crisis of 2015. Uncertainty concerning the age of a person seeking asylum had led to discussions on what methods to use in order to determine a person’s age. The issue was also raised in criminal cases where the age of a suspect was unclear and concerned, more precisely, the burden of proof regarding the age of a suspect and the legal grounds for a body examination when estimating a suspect’s age. In this article I will with reference to the fundamental principles of proportionality, predictability, equal treatment and consistency scrutinize the legal grounds for a body examination when there is an uncertainty concerning age and the suspect claims to be under the age of criminal responsibility in relation to Article 3 of the Convention on the Rights of the Child that states that ‘the best interests of the child shall be…’ and similarly in Article 24:2 of the European Charter of Fundamental Rights ‘the child’s best interests must be a primary consideration’. Furthermore, I will explore what impact the practice of a body examination in those specific situations may have from a gender and diversity perspective. At the extension of the requirement of the legal grounds for a body examination in 2017, the child’s best interests were not taken into consideration. From a gender and diversity perspective, this extension implies the preservation of a prevailing structure that men with a foreign background commit more crimes than men and women born in Sweden. | ||
650 | 4 | |a Diversity | |
650 | 4 | |a Gender | |
650 | 4 | |a Body examination | |
650 | 4 | |a Criminal Responsibility | |
650 | 4 | |a Age | |
773 | 0 | 8 | |i Enthalten in |t Bergen journal of criminal law & criminal justice |d Bergen : University of Bergen, 2013 |g 9(2021), 2, Seite 42-60 |h Online-Ressource |w (DE-627)85699443X |w (DE-600)2852904-2 |w (DE-576)468123768 |x 1894-4183 |7 nnns |
773 | 1 | 8 | |g volume:9 |g year:2021 |g number:2 |g pages:42-60 |
856 | |u https://boap.uib.no/index.php/BJCLCJ/article/download/3524/3358 |x unpaywall |z Vermutlich kostenfreier Zugang |h publisher [oa journal (via doaj)] | ||
856 | 4 | 0 | |u https://doi.org/10.15845/bjclcj.v9i2.3524 |x Resolving-System |z kostenfrei |3 Volltext |
856 | 4 | 0 | |u https://boap.uib.no/index.php/BJCLCJ/article/view/3524 |x Verlag |z kostenfrei |3 Volltext |
935 | |a mkri | ||
936 | u | w | |d 9 |j 2021 |e 2 |h 42-60 |
951 | |a AR | ||
ELC | |a 1 | ||
LOK | |0 000 xxxxxcx a22 zn 4500 | ||
LOK | |0 001 4036155245 | ||
LOK | |0 003 DE-627 | ||
LOK | |0 004 1786200406 | ||
LOK | |0 005 20220115061558 | ||
LOK | |0 008 220115||||||||||||||||ger||||||| | ||
LOK | |0 035 |a (DE-2619)KrimDok#2022-01-14#899A43111B9109ADE1C59A476F50EF26BEEA464F | ||
LOK | |0 040 |a DE-2619 |c DE-627 |d DE-2619 | ||
LOK | |0 092 |o n | ||
LOK | |0 852 |a DE-2619 | ||
LOK | |0 852 1 |9 00 | ||
LOK | |0 935 |a zota | ||
OAS | |a 1 | ||
ORI | |a SA-MARC-krimdoka001.raw |