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The Crime of Dangerous Threatening under Section 353 of the Criminal Code
Čivrný, Vojtěch ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Abstract The Crime of Dangerous Threatening under Section 353 of the Criminal Code This thesis is focused on the crime of dangerous threatening according to section 353 of Act No. 40/2009 Coll., Criminal Code. The aim of this work is to comprehensively evaluate and analyze the historical and current legal regulation of the crime of dangerous threatening and to reflect on the considerations de lege ferenda. The thesis is divided into three chapters. The first chapter deals with the historical development of the social phenomenon of dangerous threatening and its criminalization on the territory of today's Czech Republic. In particular, the period from the adoption of the Criminal Code in 1852 to the current legislation regulated by the Criminal Code of 2009 is mapped in detail. The second chapter is devoted to the current regulation of the crime of dangerous threatening, especially to the obligatory and facultative elements of the actus reus of this crime. Special attention is then given to the imprecise legal concept of reasonable fear, the real content of which is clarified with the help of relevant case-law. Furthermore, this chapter contains an analysis of individual types of sanctions that can be imposed or certain statistical data. The third chapter is reserved for comparation. In its first...
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Stalking - Dangerous Pursuing
Pařízek, Michal ; Čírtková, Ludmila (advisor) ; Krupička, Jiří (referee)
Stalking - Dangerous Pursuing Abstract This thesis deals with the issue of stalking, which is viewed comprehensively with the aim of summarizing and evaluating its criminological and criminal law aspects and assessing whether Czech legislation allows for an effective response to cases of stalking, timely assistance to its victims and appropriate punishment of the stalker. The thesis points to findings based on foreign research and studies dealing with the person of the stalker, his manifestations, and the person of the victim of stalking and the related effects on him. Surveys show an alarming number of cases of stalking in society with an overall lifetime prevalence ranging from 4.5% to 23.4%, and even from 6.1% to 32.4% for women, depending on the strictness of the definition used. The stalker does not choose his victim at random and the victim usually knows his stalker. The most typical case of stalking being a man stalking his current or former intimate partner, the danger in these cases being precisely the stalker's knowledge of his victim, the sophistication of his actions and his propensity for physical violence. Within the framework of criminal law, emphasis is placed on case law, the approach of practice and on the comparison of Czech criminal law with foreign legislation. The thesis summarizes the...
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