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The Moral Crime and its Prevention
Cengrová, Michaela ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Abstract The Moral Crime and its Prevention The submitted thesis deals with the topic of moral criminality and the options of its prevention. The main goal of this thesis is to give a deeper overview of this topic, the current legislative with an emphasis on sexual offences, its victims and the processes of victimization. The thesis is divided into five chapters, of which the first four are dealing with related topics on theoretical level, the last chapter deals with particular moral offences. In the first chapters the attention is paid to the concept of human sexuality, human sexual instinct and the variability of tolerated manifestations of sexuality in society and the reflection of human sexuality in the concept of morality. Subsequently, moral crime is defined, individual moral offences are listed, and the division of these offences according to various criteria is provided. Considerable space is provided to the topic of offenders and especially the victims of moral crime, both in criminal and criminological optics. In the case of offenders the division in to deviant and non-deviant offenders is given. In the case of victims of moral crime a legal definition is provided as well as the victimological concept. The attention of the thesis is focused especially on the issue of victimization and secondary...
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Methods of investigation of sexual crimes: (selected issues)
Kaňková, Michaela ; Musil, Jan (advisor) ; Konrád, Zdeněk (referee)
1 Diploma thesis: Methods of investigation of sexual crimes (selected issues) Key words: Investigation, Rape, Sexual Abuse, Expert Opinion Summary This thesis deals with problematics of sexual crimes investigation. Since the area of investigating sexual crimes is very broad, I have limited the scope of my paper to investigation of the two most frequent types of crime, which are rape and sexual abuse. Regarding the operations usually performed during investigation, I have paid close attention to expert opinions. The purpose of this paper is to stress concrete specifics occuring during investigation, which is discussed throughout the chapters. Chapter One introduces acts of sexual crime (particularly the rape and the sexual abuse) from the criminal-law point of view as it is stated in the contemporary legal regulation in the Czech Republic. This chapter also provides statistical tables showing the evolutionary trend in the number of prosecuted and adjudicated sexual criminal acts of rape and sexual abuse between 2000 and 2010. Criminalistic characteristics of sexual criminal acts are looked at in Chapter Two, and Chapter Three presents common ways of committing sexual offences. The chapter describes what is typical of sexual offences committed by adults, and by and on youngsters. Chapter Four characterizes...
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Methods of investigation of sexual crimes (selected issues)
Singerová, Markéta ; Musil, Jan (advisor) ; Štourač, Petr (referee)
The Methodics of Investigation of the Sexual Crime Acts (chosen issues) Summary This submitted diploma thesis deals with procedures of investigation of crimes rape and sexual abuse, which are two most serious offences within sexual criminal acts. In this work I analyze only some of the most essential moments of investigation, because the theme as a whole exceeds the required extent of the diploma thesis. Most attention is paid to contacts of the prosecuting and adjudicating bodies with the victim and to the acts in which the victim is involved. The introductory part analyzes basic contemporary and previous legal regulation of all sexual criminal acts given in the present criminal codes. Offences of rape and sexual abuse are explicated in more detail. Then the work brings a criminalistic characteristics of these offences with basic statistical data. It points out the fixed detection rate of these crimes over the last nine years. Within the criminalistic characteristics, the thesis shows typical ways of committing these crimes, typical offenders, victims and typical traces. It points out that most offenders committing rape and sexual abuse come from the backgrounds close to the victim. The work discusses the approach to the victims of rape and sexual abuse. It analyzes the reasons that lead to secondary...
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The crime of rape under s. 185 of the Criminal Code
Dohnálková, Zuzana ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The diploma thesis The crime of rape under s. 185 of the Criminal Code consists of two major parts, which are divided into further subsections - first part consists of four main chapters and second part consists of six main chapters. The first part of the thesis, dealing with the criminal-law point of view, starts with a brief discussion of the sources of criminal law. The chapter then presents a comprehensive description of the development of the offence of rape in the Czech territory since antiquity up to the 20th century. The changes of elements of a crime and the very perception of punishability of rape may serve as a demonstration of advancement of personal freedom. Subsequently, more attention is devoted to the analysis of the current version of rape in the Criminal Code, Act No. 40/2009 Sb., which is currently included in Title III of the special part of the Criminal Code called Criminal Offences against Human Dignity in Sexual Sphere. The criminal law part concludes with a brief summary of the basic features which discriminate rape from sexual coercion and sexual abuse. The second part of the thesis focuses on criminology. First moral criminality, which subsumes rape, is defined in general terms. The definition is followed by statistical summaries, presented in graphs and tables, and by a...
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A crime of rape (selected issues)
Veselá, Eliška ; Musil, Jan (advisor) ; Krupička, Jiří (referee)
A crime of rape (selected issues) Abstract The thesis deals with the concept of the crime of rape. The ambition of the graduate was not to give an all-embiscite interpretation of this crime from the point of view of criminal law and criminology, but to deal with the basic characteristics of rape and to respond to a possible change in the current law definition of rape. The introduction to the thesis first presents the basic historical development of this crime. Historical developments are demonstrated on three fictional stories so that the reader of the thesis can better imagine the main changes that have taken place in the area of basic constituent elements of the crime. Another part of the thesis consists of an analysis of the basic constituent elements of the of rape in § 185 of the Criminal Code. The interpretation of the basic constituent elements of this offence, complements the interpretation by legal theory and the interpretation of the Supreme Court and Constitutional Court of the Czech Republic. The following chapter in the thesis deals with the construction of the legal definition of rape as sexual intercourse without expressing voluntary consent. This chapter presents a list of states that legislate the crime of rape as sexual intercourse without consent. The following is an analysis of the...
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Methodology of rape investigation
Bilanská, Dominika ; Krupička, Jiří (advisor) ; Konrád, Zdeněk (referee)
Methodology of rape investigation Abstract This diploma thesis called Methodology of rape investigation aims to present a multidisciplinary analysis of selected aspects of rape. The secondary goal is to identify the specific problems accompanying this crime while obtaining knowledge about the methodology of rape investigation. The thesis includes both theoretical and practical elements and is divided into 4 chapters. The first chapter deals with criminal code aspects, which are representing a necessary part of a theoretical introduction to the issue. It includes the historical development of the legal regulation of rape up to the current definition, where all its features are analyzed with a supplementary interpretation of case law. For inclusion in the European context, the content also includes a description of the rape legislation in selected European countries. The second chapter represents the findings of criminology and criminalistics on the crime of rape. Thus, various typologies of rape are presented, including possible causes regarding the influence of myths. Furthermore, attention is paid to the characteristics of the victim, characteristics of the perpetrator and the typical ways of committing this crime. The third chapter introduces the investigation methodology itself, which presents incentives...
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The Crime of Rape
Hloušková, Kateřina ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The Crime of Rape Abstract This thesis focuses on the theme of the crime of rape, both from the criminal law perspective and the criminological perspective. The objective of this thesis is to address some specific aspects of this crime. This qualification work consists of seven chapters. In the first chapter, basic terms related to this theme are explained. Basic body of the crime of rape is analysed in detail, then the relationship between the basic body and qualified bodies and the final part of this chapter analyses the development stages of this crime. This thesis also deals with differences between the crime of rape and the crime of sexual coercion and sexual abuse. One chapter shows a concise overview of how the legislation on the crime of rape has developed since 1961. The so-called Istanbul Convention is mentioned here too, dealing with the crime of rape, which is a very current topic. The chapters four to seven analyse the theme from the criminological perspective and are completed with statistical data presented in a diagram and in charts. First of all, the criminology part shows the typology of the offenders, dividing them in two groups: offenders with a sexual preference disorder and without this disorder. Another chapter deals with the victims of the crime of rape, namely also from the...
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Methodology for investigation of sex crimes (selected issues)
Cermanová, Lucie ; Konrád, Zdeněk (advisor) ; Krupička, Jiří (referee)
Methodology for investigation of sex crimes (selected issues) Abstract This diploma thesis entitled "Methodology of investigation of sex crimes (selected issues)" aims to provide a comprehensive view of specific problems related to the investigation of sex crimes, especially in relation to rape as a typical representative of this group of offenses. For this purpose, main aspects of historical development of legal regulation of rape, including its current legal regulation and occurence, are summarized in the first part of this work. Subsequently, the criminalistic characteristics of rape are described, including an analysis of several partial elements like the ways of committing a crime and the personality traits of the perpetrator and the victim. The third to ninth chapters describe peculiarities of components of the investigation methodology in relation to sex crimes. In this part of the work, typical traces and investigative situations, peculiarities of stimuli for investigation or peculiarities of initial and subsequent actions are mentioned, with further focus on interrogation and expertise. The tenth chapter is devoted to specific problems of the investigation of child victims. Here are presented deviations related to the examination of minor witnesses which aim to minimize the risks of secondary...
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Methodology for Investigating Sex Crimes (selected issues)
Somogyiová, Jana ; Konrád, Zdeněk (advisor) ; Krupička, Jiří (referee)
Methodology for Investigating Sex Crimes (selected issues) Abstract This thesis deals with the methodology for sex crimes investigation, specifically rape. The goal of the thesis is to describe the specifics of the rape investigation methodology, evaluate current legislation and, where appropriate, propose recommendations to improve the situation. The theme is very topical nowadays, as there is a lot of attention paid to rape by our society. However, the myths surrounding rape continue to affect the attitude to the victims and remain a problem. In order to present a more comprehensive view on rape, this thesis is divided into five chapters that examine the issue not only in terms of investigation methodology, but also in other related fields such as criminal law and criminology. The vast majority of the thesis is theoretical and is based primarily on an analysis of Czech and foreign literary sources and legislation, however it is also partly supported by examples from practice for better understanding. The final part of the work is empirical research, based on analysis of judicial and police files. Research has been conducted on 84 rape cases reported in the South Bohemian Region of Czechia in the past 12 years. The research covered 3 hypotheses that were more or less confirmed. The first hypothesis...
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