NCJ Number
59007
Date Published
1978
Length
138 pages
Annotation
A SWEDISH CRIME PREVENTION COUNCIL GROUP CONCLUDED THAT SWEDEN'S LAWS REGARDING ARREST FOR, INVESTIGATION OF, AND PROOF OF THE FENCING OF STOLEN GOODS ARE BIASED AGAINST ENFORCEMENT; MEANWHILE THE CRIME IS ON THE INCREASE.
Abstract
OVERALL, THE WORKING GROUP FOUND THAT, IN SWEDEN, FENCING INVOLVES AS MUCH AS 1 MILLION CROWNS WORTH OF GOODS ANNUALLY, ALL OF WHICH ARE SOLD ON THE BLACK MARKET FOR A TOTAL OF BETWEEN 200 AND 300 MILLION CROWNS. FENCING IS A DIFFICULT CRIME TO DETECT, AND FENCING OPERATIONS APPEAR TO HAVE A WELL-ORGANIZED INFRASTRUCTURE. THE EXISTING LAW, HOWEVER, WORKS AGAINST COMBATTING THIS CRIME AND EVEN TAKES IRONIC TURNS TO AID THE PERPETRATOR. FOR INSTANCE, GOODS IN QUESTION AS FENCED MATERIAL ARE RETURNED TO THE DEFENDANT IF HE OR SHE IS NOT PROVEN GUILTY, REGARDLESS OF THE EVIDENCE SUGGESTING THAT THE GOODS WERE AT SOME POINT PROCURED ILLEGALLY. IN ADDITION, ARRESTING OFFICERS CANNOT SEIZE OBVIOUSLY STOLEN GOODS (RADIOS AND TELEVISIONS WITH THEIR IDENTIFICATION NUMBERS TORN OR BURNT OFF, FOR EXAMPLE) IF THE PROPERTY CANNOT BE DEFINITELY ESTABLISHED AS STOLEN AND ITS TRUE OWNERSHIP ESTABLISHED. LIKEWISE, A COURT CANNOT CONVICT THE DEFENDANT OF FENCING WITHOUT CLEARCUT EVIDENCE SHOWING THE ORIGINAL POSSESSOR OF THE GOODS AND ITS PATH FROM THE OWNER TO THE DEFENDANT. OTHERWISE, THE DEFENDANT CAN PLEAD THAT HE BOUGHT THE GOODS INNOCENTLY FROM AN UNKNOWN BUYER. THE WORKING GROUP MAKES SEVERAL SUGGESTIONS TO AMELIORATE THIS SITUATION. THE LAW SHOULD, WITHIN CERTAIN LIMITATIONS, MAKE IT ILLEGAL TO BUY GOODS WHOSE ORIGIN IS SUSPICIOUS. GOODS CONFISCATED IN FENCING CASES THAT ARE UNDOUBTEDLY STOLEN SHOULD NOT BE RETURNED TO THE DEFENDANT REGARDLESS OF TRIAL OUTCOME. IN ADDITION, CRIME PREVENTION MEASURES, SUCH AS MARKING GOODS THAT ARE EASILY STOLEN OR LIKELY TO BE VALUABLE ON THE BLACK MARKET SHOULD BE ENCOURAGED. A COPY OF THE PRESENT LAW REGARDING FENCING IS APPENDED. --IN SWEDISH. (AUTHOR ABSTRACT MODIFIED--DAG)