Förhållandet mellan arbetsrätt och straffrätt för statligt anställda: - särskilt vid åtgärder mot främlingsfientlighet inom polisen
Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
What happens when employees within the police-force make mistakes in their line of duty? This essay set out to investigate the relationship between labour law sanctions and the criminal law punishments for wrongful acts for government employees. This relationship is also set in the perspective of how acts or statements of xenophobia are handled within the Swedish police-force. Further, the essay aims to examine the principle of ne bis in idem in relation to labour law sanctions and criminal law punishment for wrongful acts, and if these two should be considered in line with this principle. Regarding the relationship between labour law sanctions and criminal law punishment for government employees, the determination for which system to use in any given situation is not fully stipulated. One key aspect is whether the act is carried out in exercise of public authority. By examining cases regarding xenophobia within the Swedish police-force one conclusion that the author has come to is that xenophobia more often is considered an insult (regulated in BrB 5:3) rather than wrongful acts in the line of duty. However, acts or statements of xenophobia are considered wrong and far away from the expected behavior of members of the Swedish police-force. By making an analogy with Swedish tax law an argument can be made that the relationship between labour law sanctions and criminal law punishment for wrongful acts is worth examining, and might not fully be in line with the principle of ne bis in idem.
Place, publisher, year, edition, pages
2015. , 38 p.
criminal law, exercise of public authority, labour law, ne bis in idem, Swedish policeforce, xenophobia
Law and Society
IdentifiersURN: urn:nbn:se:lnu:diva-41441OAI: oai:DiVA.org:lnu-41441DiVA: diva2:799029
Subject / course
Human Resource Management Programme, 180 credits
Schömer, Eva, Professor