Företagsbot som sanktion vid arbetsmiljöbrott

• Main Author: Mörsin, Madeleine
• Format: Others
• Language: Swedish
• Published: Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO) 2016
• Subjects: corporate fine; work environment crime; crime law; criminal liability; economic activity; företagsbot; arbetsmiljöbrott; straffrätt; straffansvar; näringsverksamhet
• Online Access: http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-51910

Corporate fine is today the most common sanction for work environment crime. Corporate fine is an economic sanction suffered by the trader when the crime was committed in his economic activity. This thesis aims to provide a better understanding for the application of the corporate fine in work environment crime. Furthermore, the thesis also aims to give a picture of how the use of corporate fine in work environment crime is experienced both from a Prosecutor's perspective and an employers' perspective. In order to fulfil this legal science study it is complemented with an empirical study. A legal and social science method has been used to answer the formulated research questions. The Swedish law has a special prosecution rule that says that the Prosecutor of the less serious crime in the economic activity in the first place has to take action against corporate fine and not take action against individuals. This rule together with requirement that the crime must have been committed in an economic activity means that the fine not equally can be tried out to public activities, which is a sector were most women works. Work environment crimes are usually committed in activities in the construction and manufacturing industries, where more men than women are employed. This means that the corporate fines at work environment crime, to a greater extent is sentenced to maledominated industries rather than female-dominated industries. A conclusion that can be drawn from the empirical study is that the two employers' representatives have not experience that the incentive to create a good working environment has changed from when the corporate fine replaced the individual criminal responsibility. On the other hand, they see a risk where the incentives can be weakened. Because they believe that an individual criminal responsibility in general sharpens the focus of individuals.