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Sexual coercion (section 186 of the Penal Code) and other offences against human dignity in sexual sphere
Kočí, Jakub ; Hořák, Jaromír (advisor) ; Krupička, Jiří (referee)
Sexual coercion (section 186 of the Penal Code) and other offences against human dignity in sexual sphere My diploma thesis analyzes of the sexual coercion and it also applies to comparison of the sexual coercion with the other offences against human dignity in sexual sphere, mainly with the rape and the sexual abuse. The sexual coercion is newly (since 2009) included in the Czech Penal Code, namely in the section 186 of this Penal Code. There we find seven subsection (paragraphs) of its editing. The main aim of this text is interpret individual legal signs of the elements of the sexual coercion, particularly the object, the physical elements (actus reus), the offender (the subject) and the mental elements (mens rea). I try to put this aim into context. In the beginning, I sketch of the historical evolution of the legislation of the sexual offences. After that, I deal with the criminological excursion about sexual crime (crime against human dignity). Then this text continues with the concise essay on the present legislation of the sexual offences and their classification. After that, the major part of this thesis describes some terms that are related to the sexual coercion. In this part, I try to compare Czech legislation of the sexual offences with German, Austrian and Swiss legislation, because...
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Secondary victimization of victims of sexual offenses
Valešová, Kristýna ; Musil, Jan (advisor) ; Tejnská, Katarína (referee)
Secondary victimization of victims of sexual offenses Abstract The submitted rigorous thesis on the topic of secondary victimization of victims of sexual offenses aims to acquaint its readers with the issue of secondary victimization, especially in relation to particularly vulnerable victims of sexual offenses. The thesis introduces the basic concepts important for the issue and then focuses on secondary methods of victimization of rape victims and child victims of sexual offenses, while also discussing specific options for preventing and alleviating secondary victimization of these victims. The thesis also contains a section devoted to opportunities to help these victims. The thesis is divided into an introduction, five chapters and a conclusion. In the introductory chapters of the thesis, there is a focus on the basic terms of victimology, as understanding these terms is necessary for further content of the thesis, such as victim, its legal regulation and the evolution of victims' rights in the Czech Republic, victimology, victimization and the division of individual types of victimization, harm and victimity. The main part of the thesis is devoted to the secondary victimization of rape victims and characteristics of the crime. This part mostly focuses on various ways in which the rape victim can be...
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Sanctioning of serious criminal act offenders
Pešulová, Petra ; Heranová, Simona (referee)
96 Sanctioning of serious criminal act offenders Abstract The thesis is divided into five chapters. The first chapter deals with general questions concerning the topic of the thesis: how a serious offence can be defined and how offenders who committed such an offence can be punished. The aim of the chapter is to present general ideas and to set the problematic the thesis deals with in detail in a broader context. The second and the third chapter presents the statute law concerning two topics withing the broader topic of the thesis. The second chapter deals with the rules of punishment of sexual offenders according to the Belgian law. The rules are discussed in detail and presented in the context of the criminal law as whole. Several inconsistencies that are caused by a non respect to the consequences of a change in one field of criminal law to another one. The third chapter presents the Belgian complementary punishment of mise à la disposition du tribunal de l'application des peines and the German preventive measure of Sicherungsverwahrung and their brief comparison. Both measures incorporate the same idea - a group of offenders cannot be liberated, even though they have already served their punisment as whole - but they differ in details. The fourth chapter deals with the participation of experts to the...
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Sanctioning of serious criminal act offenders
Pešulová, Petra ; Heranová, Simona (referee)
96 Sanctioning of serious criminal act offenders Abstract The thesis is divided into five chapters. The first chapter deals with general questions concerning the topic of the thesis: how a serious offence can be defined and how offenders who committed such an offence can be punished. The aim of the chapter is to present general ideas and to set the problematic the thesis deals with in detail in a broader context. The second and the third chapter presents the statute law concerning two topics withing the broader topic of the thesis. The second chapter deals with the rules of punishment of sexual offenders according to the Belgian law. The rules are discussed in detail and presented in the context of the criminal law as whole. Several inconsistencies that are caused by a non respect to the consequences of a change in one field of criminal law to another one. The third chapter presents the Belgian complementary punishment of mise à la disposition du tribunal de l'application des peines and the German preventive measure of Sicherungsverwahrung and their brief comparison. Both measures incorporate the same idea - a group of offenders cannot be liberated, even though they have already served their punisment as whole - but they differ in details. The fourth chapter deals with the participation of experts to the...
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Sexual coercion /section 186 of the Penal Code/ and other offences against human dignity related to sexuality
Stránský, Daniel ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The main theme of this thesis, as the name suggests, is the crime of sexual coercion. This relatively new offense is regulated in seven paragraphs of Section 186 of the Penal Code. Since its introduction into Czech criminal law, it has been a useful addition to the crimes of rape (Section 185 CC) and child sexual abuse (Section 187 CC). It allows the criminalization of offenders who have committed such unlawful acts against human dignity related to sexuality, in particular the freedom of an individual to decide on their sex life, in cases, where sexually aggressive behaviour of the perpetrator has not reached the intensity of rape or child sexual abuse, while the perpetrator remained in the role of an observer, while the victim was forced to satisfy the erotic perception of the perpetrator through his (victim's) body and his own actions. In the first chapter the topic of legal regulation of sexual offenses is set in historical context. Later in the thesis, the crime of sexual coercion is analysed, described, explained and clarified in detail, the thesis deals with its object, physical elements (actus reus), offender (the subject) and mental elements (mens rea), including qualified facts and individual developmental stages. The offense of sexual coercion is further compared with the offenses of rape...
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Sanctioning of Serious Criminal Act Offenders
Pešulová, Petra ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
96 Sanctioning of serious criminal act offenders Abstract The thesis is divided into five chapters. The first chapter deals with general questions concerning the topic of the thesis: how a serious offence can be defined and how offenders who committed such an offence can be punished. The aim of the chapter is to present general ideas and to set the problematic the thesis deals with in detail in a broader context. The second and the third chapter presents the statute law concerning two topics withing the broader topic of the thesis. The second chapter deals with the rules of punishment of sexual offenders according to the Belgian law. The rules are discussed in detail and presented in the context of the criminal law as whole. Several inconsistencies that are caused by a non respect to the consequences of a change in one field of criminal law to another one. The third chapter presents the Belgian complementary punishment of mise à la disposition du tribunal de l'application des peines and the German preventive measure of Sicherungsverwahrung and their brief comparison. Both measures incorporate the same idea - a group of offenders cannot be liberated, even though they have already served their punisment as whole - but they differ in details. The fourth chapter deals with the participation of experts to the...
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Sexual coercion (section 186 of the Penal Code) and other offences against human dignity in sexual sphere
Kočí, Jakub ; Hořák, Jaromír (advisor) ; Krupička, Jiří (referee)
Sexual coercion (section 186 of the Penal Code) and other offences against human dignity in sexual sphere My diploma thesis analyzes of the sexual coercion and it also applies to comparison of the sexual coercion with the other offences against human dignity in sexual sphere, mainly with the rape and the sexual abuse. The sexual coercion is newly (since 2009) included in the Czech Penal Code, namely in the section 186 of this Penal Code. There we find seven subsection (paragraphs) of its editing. The main aim of this text is interpret individual legal signs of the elements of the sexual coercion, particularly the object, the physical elements (actus reus), the offender (the subject) and the mental elements (mens rea). I try to put this aim into context. In the beginning, I sketch of the historical evolution of the legislation of the sexual offences. After that, I deal with the criminological excursion about sexual crime (crime against human dignity). Then this text continues with the concise essay on the present legislation of the sexual offences and their classification. After that, the major part of this thesis describes some terms that are related to the sexual coercion. In this part, I try to compare Czech legislation of the sexual offences with German, Austrian and Swiss legislation, because...
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Sexual Related Offences against Human Dignity /legal comparison of the Czech Republic, England and Wales/
Tomanová, Veronika ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The diploma thesis is concerned with the comparison of the Czech and English criminal legal system with emphasis on the sexual offences. The thesis attempts to find the solutions de lege ferenda for the application in the legal system of the Czech Republic. In addition to the critical approach to the chosen issues, the diploma thesis also statistically analyzes the occurrence of the sexual offences. The diploma thesis is composed of ten chapters; the conclusion is comprised in the eleventh chapter. The introductory chapter documents the different types of legal systems in which the compared countries are categorized. The basic aspects of both the Anglo-American and the continental legal system are explored. The second chapter outlines the sexual offences and offers their classification. The third chapter closes the introduction of the thesis and focuses on general matters related to the sexual offences. The introductory chapters serve as a terminological basis for the whole thesis. The following chapters characterise the particular sexual offences and challenge the legal provisions governing these offences. The composition of the thesis is designed to correspond with the system of the sexual offences against human dignity as they are covered by the Czech Criminal Code. The English sexual offences...
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