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Earlier this fall, moderates proposed that it should be forbidden to participate or have contact with a criminal gang. Similar legislation currently exists in several other EU countries.
Christian Democrats and Swedish Democrats are also pushing for similar proposals in the past, but the government says no. Justice Minister Morgan Johansson, (S), writes in a comment to DN that the proposal of the moderates “is a blow in the air.”
“Criminalizing association and participation in criminal networks would require a lot of resources for a meager result when it comes to finding loopholes in the criminal code. The current regulations, with the participation regulations and with the attempt, preparation and stamping of crimes, means that practically all acts that contribute to the activities of a criminal gang are already criminalized ”, writes the Minister of Social Affairs.
In response to a parliamentary inquiry Morgan Johansson writes that a criminalization of participation in a criminal organization would also require a constitutional amendment. To change a constitution, the Riksdag is required to make two similar decisions and a parliamentary election to be held between the two decisions.
But National Police Chief Anders Thornberg believes the proposal “is worth investigating.”
– It is important that you investigate properly and if you come up with a good proposal with good tools, it can certainly help us. We need help in different contexts. In other countries, there is legislation that penalizes if you are part of criminal gangs, so it is definitely worth investigating, he says.
Read more: Thornberg on family networks: Big threat to society in the long term
Minister of Justice Morgan Johansson (S).
Photo: Eva Tedesjö
Do you think that this legislation could also be applied against family networks? Isn’t there a risk that it is illegal to belong to a certain family?
“It is not my place to judge. In that case, it is something that an investigation would consider and evaluate,” Thornberg writes in an email after DN asked him to develop his point of view on the issue.
The National Police Commissioner notes that it is important that all aspects are taken into account and that Swedish democracy relies on any legislation being preceded by a legally correct process.
When the government presented a similar proposal to stop terrorist organizations (prohibition of participation and association with terrorist organizations), the Legal Council stopped one part (participation) because it considered that it would restrict constitutionally protected freedom of association. The part on the prohibition of contact with terrorist organizations came into force at the beginning of this year.
Secretary General of the Illustrious Bar Association Mia Edwall Insulander emphasizes the importance of finding ways to tackle serious crime, but cautions about the risks.
– It is important to investigate carefully if there is a need for this type of invoice and if it has any effect. The next question is whether there are risks and which people are affected. For example, what is a connection to a criminal organization? I think it can affect people who are too broad or wrong, maybe a person’s siblings, for example, he says.
Mia Edwall Insulander, Secretary General of the Bar Association.
Photo: Anette Nantell
Deputy Chief of Police Mats Löfving recently expressed his desire to allow the police to intercept people without direct criminal suspicion but where there is a connection to a criminal network.
The head of the National Police, Anders Thornberg, considers the question difficult, but talks about how the Swedish police, with the help of Europol, were recently able to spy on the communication of criminals through encrypted phones.
– We could hear ongoing criminal plans about, for example, murders that made us get there and save people who were going to be killed. We got a stronger intelligence picture and knowledge of how they commit crimes and who is more active in crime. If we could prevent a murder, it would be of great value. But politicians must stand up to personal integrity. We argue, but ultimately it is the Riksdag that decides, he says.
The bar association is also essential to such a proposal, especially given the risk of spying on someone for the wrong reasons.
– Fundamental to coercive measures is that the state’s interest in clandestine wiretapping is governed by the seriousness of the crime. You can only eavesdrop if there is a serious suspicion of a crime. If you are eavesdropping on someone you don’t suspect, there is a risk that it will be very intrusive. The risk of crime victims also being intercepted would increase significantly, says Mia Edwall Insulander.
Read more:
Headwinds in Gothenburg Gang Investigations: Multiple Suspects Released
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