Legislation Targets Assets Bought with Illicit Funds in Effort to Combat Organized Crime and Gang Violence
Pavitra Shetty
Published on November 12, 2024, 14:54:43
In an intensified effort to counter organized crime, Sweden has introduced a new law permitting police to confiscate luxury items from individuals with suspected gang affiliations, even if they are not formally accused of any crime. This law, which took effect after being passed by parliament on October 2, enables authorities to seize high-end items like cars, gold watches, and designer goods from those who cannot provide proof of legitimate ownership.
The measure is specifically aimed at addressing the financial underpinnings of organized crime. Authorities can target luxury items believed to be purchased with proceeds from illegal activities, especially when owned by individuals with no verifiable source of income. For instance, an expensive sports car driven by an unemployed person could be seized if its purchase is suspected to have been funded by illicit means.
Sweden’s government considers this law a landmark change, describing it as the most significant reform to the country’s criminal code since 1965. This initiative comes in response to a troubling rise in gang violence, which has manifested in shootings and bombings related to conflicts over drug trade territories. In 2023, Sweden recorded 53 deaths from 363 shootings, many of which occurred in public spaces and sometimes claimed innocent lives. Additionally, relatives of gang members have become targets in retaliatory attacks, and even underage individuals have been involved in these criminal activities.
The new law also extends to minors under the age of 15, who are often recruited by gangs due to their exemption from criminal responsibility under Swedish law. Recognizing that symbols of wealth like luxury cars and high-end watches can be used to lure young recruits into gangs, authorities see the law as an essential step in dismantling the allure of criminal lifestyles.
Despite its intended impact, the law has faced criticism, particularly from Sweden’s Parliamentary Ombudsmen, who oversee compliance with legal standards among public authorities. Concerns have been raised about potential conflicts with principles of the rule of law, such as the presumption of innocence, and the seemingly broad criteria for conducting searches and seizing property.
In defence, the government has acknowledged the bold and unconventional nature of the legislation, noting that some of the standard legal protections afforded in criminal cases may not be fully present in these scenarios. The law stipulates that a court will have the final authority to approve or deny the seizure of assets.
Sweden’s organized crime economy is estimated to generate between 100 and 150 billion kronor (roughly $9.3 to $14 billion) annually. The new seizure law represents one of the country’s most assertive strategies to disrupt this lucrative criminal market and reduce the prevalence of gang-related violence.
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