"Lawyer: That a child's age will be written does not prove a crime"
"This is an opinion piece. It is the writer who stands for the views that are put forward in the text, not Against."
"the DEBATE With the reason of the news to report it to the police 17 unaccompanied refugee children, may I please ask the municipality to consider the following, before you're wasting the resources of society now proposed. "
"Skurup municipality would like to notify the unaccompanied minor for the violation of the bidragsbrottslagen. According to the a person provided incorrect information, and thus caused the danger of a financial benefit improperly paid, convicted of a crime. The same applies if the person has been grossly negligent. "
"It causing the municipality's conduct is that the Swedish Migration board's decision to write up the unaccompanied minor at the age. The municipality seems to believe that it can be equated with that the children have committed crimes. It is a direct wrong conclusion. The municipality's actions testify to the ignorance of both the criminal proceedings and the asylum process, bevisbördans the location and the standard of proof."
"At the Migration board's examination of an asylum case is the age at the time of its initial decision that is crucial. It does thus not matter how old the person was upon arrival. "
"It is the child who has the burden of proving that it is a minor. Successful the child does not prove that they are up in age. The child will then receive a fictitious date of birth and is 18 years of age on the day of the Migration board's decision."
"the Migration board's assessment of the court has in recent years received serious criticism. It has, unfortunately, gone so far that not even people with genuine afghan passhandlingar considered to have proved their identity, which is in contrast with the Swedish Migration board's legal position. "
"The vast majority of children are written up in age on the basis of an opinion from the national laboratory of forensic science. RMV to apply the methods for age assessment, which received serious criticism for that lack scientific basis. But there, we leave aside right now. We start from the things that are undisputed."
"Of all the RMVs sannolikhetsskala used the term"
"RMV acknowledge that there is a margin of error in the assessment of age. The size of it is, however, controversial. The risk of miscalculation is higher, the closer to 18 the anniversary you will and increases markedly at the age of 17."
"in the Autumn of 2015 came several unaccompanied refugee children in Sweden. Many of them told me they were around 16 years old. It has now been over three years since then. They have thus now become 18 years of age. "
"That RMVs opinion 2017"
"In criminal cases is the burden of proof is reversed and the prosecutor has the burden of proof. Requirement is that it should be put beyond a reasonable doubt, which means that other alternatives must be practically excluded. There is a significantly higher standard of proof than that which the national laboratory of forensic science applies. "
"For the crime shall have been committed, it is necessary that it is addressed beyond a reasonable doubt that the child has provided false information. Neither the Migration board's decision or Rättsmedicinalverkets statement constitutes sufficient evidence for such a claim."
"the Migration board's decision to write up a child in the age means nothing else than that the child has not managed to prove that it is a minor. It may not be that the prosecutor can prove that the child is over the age of 18 and has submitted incorrect information in it. "
"in Addition, it is required that the child have left the incorrect data intentionally (deliberately) or by gross negligence. This, too, is likely to encounter great bevisproblem. "
"most of The unaccompanied children will know their age, thanks to the information from the parents. It is also apparent on all their identity documents. They have thus grown up in the belief that they have a certain age. They thus have not knowingly, or with gross negligence, provided incorrect information. "
"in Summary, this indicates that each of the proper police officer should realize that there is a reason to open an investigation. Every well-informed prosecutors should realize that it is contrary to the better judgement to bring charges, because a conviction can not be expected. And any regular court should dismiss any prosecution which is brought."
"To report it to the police, the 17 unaccompanied children represents an unwarranted taking of the police, the prosecutor's and the court's resources. Please take this into consideration, Skurup municipality, before you're wasting the resources of society now proposed."
"nEmilie Hillert, attorney"
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