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Stalking - criminological aspects
Bólová, Katarína ; Čírtková, Ludmila (advisor) ; Krupička, Jiří (referee)
Stalking - criminological aspects Abstract The issue of this thesis is the criminological aspects of the crime of stalking in Czech Republic according to section 354 of the Act no. 40/2009 Coll., Criminal Code. The thesis consists of three parts. The first part is focused on the characteristics of the concept of stalking, its criminalization and analysis of the crime of stalking from the point of view of substantive and procedural criminal law. The second part contains knowledge about the personality of stalking perpetrators, several selected typologies of perpetrators and practical advice and recommendations in connection with helping victims of stalking. The last part deals with the threat assessment which stalking perpetrators pose to their victims. Furthermore, it is the focus of the thesis, which is the analysis of the concept of "reasonable concern" in the context of the crime of stalking. The last chapter of this part is devoted to the analysis of 4 cases of stalking from a criminological point of view. The conclusion of the thesis consists of a summary of the most important findings that the author found during her writing. Keywords: stalking/ reasonable concern / threat assessment
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The issue of stalking in modern times
Novak, Olivia ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
"The issue of stalking in modern times" Stalking is not a new phenomenon, but modern times, and especially the very dynamic development of modern technologies that have gradually become part of our lives, are taking this type of crime to a completely different dimension. This rigorous thesis deals mainly with the criminal offense of dangerous stalking according to § 354 of the Criminal Code and the related issue of misuse of modern technologies for the persecution of the victim, it also focuses on the motivation of the perpetrator and the behavior of the victim. The theoretical part of the thesis summarizes the legislative basis of dangerous stalking, describes the ways of possible use of available technologies for stalking. It also deals with the typology of perpetrators of dangerous stalking and their criminal motivation. The practical part of the work consists of seven case studies of this negative phenomenon from the Czech environment. The first case study focuses on a lawsuit resolved by the Municipal Court in Prague in early 2008. The described case could not be legally qualified as a criminal offense of dangerous stalking According to Section 354 of the Criminal Code, but had a fundamental impact on the legal regulation of stalking in the Czech Republic. Subsequent case studies describe cases in...
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Criminal and criminological aspects of stalking
Daniel, Tomáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Title Criminal and criminological aspects of stalking Abstract Submitted rigorous thesis deals with the modern phenomenom of stalking. The aim of this academic paper is to present this issue comprehensively from both criminal and criminological aspects. This rigorous thesis consists of 16 chapters. These chapters can be divided into two large parts - criminal and criminological. Research of the problematics of stalking have got a rich tradition in foreign professional literature, we can find there also some empirical research studies. Furthermore, there are countries that haveissued relevant anti- stalking regulations already in the 90's of the 20th Century. On the contrary, in the Czech Republic, stalking was included as a part of Force of New Offence under the Czech Criminal Code no. 40/2009only in 2010. In criminological part of this rigorous thesis I apply general knowledge from forensic psychology, psychiatry, sociology and other social sciences. Moreover, I illustrate the cases on real-life examples. First chapters are dedicated to present all key characteristic features of stalking, its historical context and to cover the selected empirical reasearches about this complex issue. Furthermore, I analyse some aspects of stalking where science examination does not pay attetion. I study the causesbehind...
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Criminal Law and Criminological Aspects of Stalking
Kopalová, Tereza ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The topic of this diploma thesis is "Criminal Law and Criminological Aspects of Stalking." This phenomenon is well known in history, nevertheless it was only few years ago, that it became a criminal offence. The Czech Republic implemented new definitions of stalking into the provision § 354 act no. 40/2009 Sb. of the Penal code, taking effect on January 1, 2010. Stalking represents a wide range of possible unpredictable forms of harassment, therefore it is necessary to approach this topic from an interdisciplinary point of view. This diploma thesis is divided into 6 chapters, which are presented in a logical order. In the "Introduction", the problem of defining the subject of stalking is presented, together with general information regarding stalking. This is necessary in order to enable a deeper understanding of the phenomenon. The introductory chapter also touches on the history of stalking and the reasons for having anti-stalking laws in the Czech Republic and elsewhere. The Criminological section shows the personality of the stalker and his victim and the typology is elaborated. The aim of this part is to delineate the basic characteristic traits of people, who become either potential perpetrators or their victims, together with a view of a typical victim's life, as well as possible methods of...
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The issue of an offender's personality in criminology
Hütterová, Olivia ; Marešová, Alena (advisor) ; Zoubková, Ivana (referee)
A Abstract of the thesis "The Issue of an Offender's Personality in Criminology" Offender's personality is a summary of various aspects influencing one's behaviour in regards of a set offence. This paper focuses mainly on criminological and psychological aspects of people who commit violent crimes. It summarizes different typologies of offenders, schools of criminal causes, various aspects of personalities, and discusses prevention of criminality in the Czech Republic. In addition, it focuses greatly on stalking from theoretical as well as practical point of view through an extensive case study. The main foundation for this case study is a court case from early 2008, further anonymous due to request of the Municipal Court in Prague. Even though this case took place before stalking was recognised as a criminal offense in the Czech Republic, it served greatly as a foundation for its recognition, and thus plays a vital role. The main research questions of this thesis are a) "Why do people commit violent crimes?", and b) "What are the main intentions behind it?". With deeper understanding of the knowledge of offender's personality and motivation, findings of this paper can serve as a significant tool for prevention of criminal behaviour in society. The major research goal was to conduct the case study, and show...
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The Crime of Dangerous Stalking under Section 354 of the Criminal Code
Kuřinová, Jana ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Resumé v anglickém jazyce The issue of this thesis is the crime of dangerous stalking, which is set out in section 354 of the Act No 40/2009 Coll., Criminal Code and which criminalizes behavior commonly known under the term of stalking. The thesis aims not only at clarification of the criminal-law aspects of this crime, but also at its presentation in a more complex approach. So the thesis is divided into three parts, which are comprised of seven chapters. The first part, which is comprised of first two chapters, deals with stalking and its victims. This part addresses both the contemporary concept and historical development of this pathological phenomenon, frequency of its incidence, its possible manifestation, impact on pursued individuals and risk, which follow to them from stalking. The second part, which is comprised of third, fourth and fifth chapter, deals with issue of the crime of dangerous stalking itself. This part addresses the process of its implementation in the Czech criminal law and also its criminal- law aspects. So this part analyses this crime and deals also with possibilities of its concurrence with another crimes and with various tools of protection, which for pursued individuals provides the whole legal system. The last third part is comprised of sixth and seventh chapter. These...
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Celebrity stalking
Kolínská, Viktorie ; Podaná, Zuzana (advisor) ; Krulichová, Eva (referee)
As Meloy (1998: 4) says: "Stalking is an old behavior, but a new crime. Postmodern society which is evolving not only in real environment but also in multimedia cyber-space brings much more instruments and trends where stalking can be realized. I focus my bachelor work on celebrity stalking, a specific type of stalking in which celebrities are the victims. Scholarly research on stalking exists and focuses on domestic violence, working environment, or other kinds of harassment. Celebrity stalking cases, however become public through the media especially from particular cases, mainly those of foreign celebrities, presented as tabloid articles. Because of the lack of formal research on celebrity stalking, I analyze the common forms and connections in celebrity stalking. My research is based on 5 qualitative interviews with celebrities who are victims of stalking. I try to define relationship between respondents and their fans where I am focusing on break point of change from common fan into chaser. Then I show manifestations of celebrity stalking compared with "common stalking". Keywords: Celebrity stalking, stalking, celebrity, media, funs 2
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Stalking
Procházková, Lucie ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
in English My thesis is focused on the criminal offence of "nebezpečné pronásledování" (dangerous harrasement as literally translated into English) under the section 354 of Czech Criminal Code. The offence was added to the Criminal Code recently, in order to allow criminal prosecution of stalking. In the past, the absence of special antistalking law has caused serious problems because of insufficient protection of victims. As the criminal prosecution of stalking has been possible for 3 years, I was convinced that the effectiveness of the provision should be evaluated and suggestions for de lege ferenda should be made. The thesis is divided into three major parts and each of them is further subdivided into chapters and subchapters. The first part of the thesis (represented by chapters 1 - 5) focuses on the obligatory elements of a criminal offence, this is the section of the thesis which analyzes and compares opinions of scholars with the opinions expressed in their judgements of judges. Subsequently, observed insufficiencies and inconsistencies are described and the suggestions on how to eliminate these insufficiencies are brought forward. In some cases relevant foreign legislation is mentioned and serves as a certain source of inspiration for suggestions for de lege ferenda. Chapter One is...
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Stalking
Babčaník, Michal ; Gřivna, Tomáš (referee) ; Vokoun, Rudolf (referee)
Resumé The aim of this final thesis is to evaluate stalking - the phenomenon which gained infamy over the last few decades - and its legal definition. Stalking or "dangerous pursuit" (literal translation name of the Czech criminal offence of stalking) is also a new offence under Czech Criminal Code no. 40/2009 which was entered into force on the 1st of January 2010. The main goal of this newly introduced criminal offence is to cover the psychological and social phenomenon of the same name, stalking, and the main goal of this thesis is to critically assess whether this criminal offence, "dangerous pursuit", is successful in criminalizing the stalking phenomenon and whether its form is an effective instrument in fighting stalking. The thesis begins with a short overview which aims to unveil the main ratio behind the call for a legal regulation of stalking. Then a psychological and social peek into the depths of this phenomenon follows (encompassing some of the most widely used typologies and even some clinical opinions on punishing and treating stalkers), which allows to critically evaluate the efficiency of that new criminal offence later on. After this explanation of stalking as a psychological and social phenomenon, comparing the various foreign legal definitions of stalking will follow. The Czech legal...
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Crime of stalking under s. 354 Criminal Code
Kubaričová, Sarah ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
1 Resumé v anglickém jazyce The thesis is focused on the crime of stalking under s. 354 Criminal Code no. 40/2009, affecting the socially undesirable conduct knows also as "stalking". It provides comprehensive view on issue of stalking, respectively issue of dangerous pursuit (literal translation for crime of stalking in the Czech republic that is used in this resume for the lucidity) with wider contexts than just within the czech and criminal law. The dangerous pursuit is a new crime, because its merit was introduced into Czech legal system thanks to Criminal Code effective on 1st of January 2010, therefore this thesis has up to date character and responds to the current situation in the domestic legal environment. This thesis is divided into three main chapters - stalking, historical geography of legal provision and crime of dangerous pursuit itself. First chapter is focused on phenomenon of stalking through its defining, history of term, chosen types according to seriousness of acts of stalkers, victim characteristcs, modern means used while conducting stalking and expartner stalking, the most frequent form of stalking. Categorization based on common factors such as personality of stalker or his dangerousness follows. Subsection no. 1.4. is aimed on assessment of stalking threats and risks, which is very...
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