On Monday, the government will receive new proposals on how the police should be allowed to use provocative measures to catch criminals.
Provocations to commit crimes by police are already being carried out, but there is a lack of legislation that clearly states what is permitted. Government investigator Stefan Johansson is therefore proposing a new law that explicitly gives the police the right to use provocative measures that could lead to someone committing a crime.
The purpose of a provocation is to obtain evidence of the crime, says Johansson.
A completely new proposal is that the police should be allowed to both produce and share fictitious child pornography images. This is in preliminary investigations into serious sexual crimes against children or serious child pornography crimes.
“Intervene and stop”
The aim is, for example, to get into closed pedophile rings where gross material is spread, and where you may need to share images to be let in. Norway, Denmark and several other countries already have this option, according to the investigator.
The police should be able to use this to locate the person behind it and thereby be able to intervene and stop the crime, says Johansson.
Are there risks with the police producing child pornography?
We provide the legal regulation so that they can produce and share, but when they produce this material they must follow all the laws and regulations that exist, says Johansson.
It must be absolutely clear that it does not depict or come from real children. Then how to do this, that is a question that the Police Authority must take responsibility for itself.
“Don’t create crime”
Provocation should only be used within the framework of preliminary investigations, that is, when there is already reason to assume that a crime has been committed, and it must also be of "exceptional importance" to the investigation.
Provocative measures can also be used to, for example, find out who is trying to commit sexual crimes against children online. The police would then be allowed to pretend to be a child. Another example could be that the police would be allowed to pretend to be a drug buyer to get someone to reveal possession.
The investigator also proposes that provocative measures should be allowed to be directed against children under the age of 15 in cases of serious crimes such as preparation for murder.
When the investigation was appointed, the government and the SD emphasized that provocation must never involve persuading a person to commit a crime that they would not otherwise have committed.
"You must not create crime," says Johansson.
The investigator proposes that the proposals come into force on March 1, 2027. They are now being sent for consultation.
The government's investigators propose that:
- A new law will be introduced that provides explicit support for, among other things, the police to use specific provocative measures that could lead to someone committing a crime.
- The measures may be used in a preliminary investigation if it is of particular importance to the investigation.
- The crime must be of a more serious nature.
- Can be used against children under 15 years of age when investigating particularly serious crimes.
- Decisions are made by prosecutors.
- The police should be allowed to produce and share fictional child pornography.
Source: Investigator
