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Criminal Liability for the Dissemination of Illegal Content on the Internet
Bydžovský, Petr ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
and key words Thesis title: Criminal Liability for the Dissemination of Illegal Content on the Internet The thesis deals with the issue of criminal liability for the dissemination of illegal content on the Internet with a closer focus on the issue of hate crime, extremism and terrorism. It is divided into two parts, each of which represents a separate chapter. The work is mostly based on case law sources, but parts dedicated to cases in which are criminal proceedings still pending are using Internet sources mainly. The first part categorizes harmful content on the Internet and enumerates the possibilities of its regulation, then deals more generally with concept of criminal liability, distinguishing the specifics of natural and legal persons. It deals with other possibilities of sanctions of legal persons by instruments other than criminal law, including giving examples from case law where these instruments were used. It defines the terms "cyberspace", "cybercrime", "computer crime", discusses the scope of criminal law on the Internet. It also addresses the problem areas of sanctioning hate speech in terms of the international nature of cyberspace, in particular with regard to differences in freedom of speech legislation in the United States, including specific examples where, despite differences,...
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European legislation and case law regarding hate crimes
Števiarová, Lucia ; Scheu, Harald Christian (advisor) ; Vondráčková, Aneta (referee)
European legislation and case law regarding hate crime Author in this work, in accordance with its objective, offers professional and comprehensive view on European legislature and case law regarding hate crimes. For the sake of maximum clarity, the work is divided into four parts. In order to understand and achieve the concept, the first part provides a historical excursion into the issue and the enumeration of European sources related to hate crimes. To achieve aim is for reader to create his/her own opinion on this topic, therefore there is also discussion about prosecution of hate crimes and about their statistical inconsistencies caused by nonuniversal approach. The second part introduces reader to the term of "hate crime" analyzing various definitions, next author provides detailed justified proposal of possible definition of hate crimes with broad list of protected characteristics of potential victims. Unsolicited confusion of the term "hate crime" with related terms is prevented by distinguishing it from similar terms. Particular focus is placed on the specifics of hate crimes, which are relevant to addressing the issue. The author emphasizes the subject characteristic of hate crimes by discussing the hate motive, the extraordinary impact of hate crimes and the typology of perpetrators. The...
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Criminological aspects of hate crime
Kállaiová, Andrea ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
The aim of the thesis on the topic of Criminological aspects of hate crime is to comprehensively cover the issue of this particular crime in the Czech Republic, its specifics and differences from other types of crime. The work is divided into eight chapters. The first chapter is introductory and gives the explanation of the concept of hate crimes, its characteristics and division. This chapter also contains analysis of the crimes, where the motive consisting of racial, ethnic, religious and other hatred is a sign of a basic or skilled fact in issue. In the second chapter there are terms extremism, racism, xenophobia, anti-Semitism, nationalism, terrorism, their definition and division discussed in more detail. Chapter Three and Chapter Four are focused on the offenders and victims of hate crimes. They concentrate primarily on how are the offenders and victims of these crimes distinguished from the offenders and victims of "normal" crimes. The fifth chapter explains the most common form of commission, the most common objects and offenders of hate crimes. The sixth chapter describes the causes of hate crimes, i.e. prejudices, stereotypes, social and economic situations. Chapter Seven is devoted to the development and situation on the Czech extremist scene. Chapter Seven describes the most important...
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Hate crimes and their sanctions
Holubová, Kateřina ; Říha, Jiří (advisor) ; Tejnská, Katarína (referee)
Hate Crimes and their sanctions Abstract This thesis focuses on the legal regulation of the punishment of hate crimes in the Czech Republic and attempts to provide a comprehensive overview of the principles, methods and type of punishment for this type of crime. The thesis first discusses the constitutional and legal basis of the sanctioning of hate crimes, with an emphasis not only on international legal documents but also on the Czech legislation. Next, the author attempts to define this type of crime, focusing in particular on the so-called hate motive, as this is the core of hate crime and has a significant impact on the imposition of penalties on perpetrators of hate crimes. Chapter 2 describes the methods of imposing criminal sanctions, their history and the individual sanctions that can be imposed on offenders under Czech law. The statistics on the imposition of sanctions for the year 2016-2020 show that alternative punishments are most frequently imposed - suspended imprisonment, fines, community service. Furthermore, this thesis deals with the issue of restorative justice and its application to hate crimes. The author draws in particular on foreign legislation (USA or Australia), where it is common to apply restorative justice methods to hate crimes. Although Czech legislation contains the basis...
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Criminological Aspects of Hate Crime
Kočí, Daniel ; Kopečný, Zdeněk (advisor) ; Galovcová, Ingrid (referee)
Criminological Aspects of Hate Crime Abstract The purpose of this thesis on the topic of the Criminological Aspects of Hate Crime is to present a concise summary of essential and available information on the issue of these crimes and to highlight specifics of these criminal activities from other types of crime. The thesis is divided into ten chapters according to the selected thematic areas. The first chapter is focused on concept of hate crime and its characteristic. This chapter offers various conceptions of hate crime, its definitions, brief history, development and description of spreading of this concept. A common feature of the definitions of hate crime mentioned in this thesis is that hate crime is a crime committed by the offender due to some strongly negative emotion, which this offender has towards variously defined groups of the population. The second chapter describes the forms of hate crimes in terms of the nature of the offender's conduct and in terms of the offender's motivational background. The third chapter provides an overview of the legal regulation of hate crime in the Czech Republic and in the selected countries (USA, Canada and FRG). The end of this chapter contains a comparison of the legislation of the Czech Republic with the legislation of the selected countries. The fourth chapter...
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Criminological Aspects of Hate Crime
Vlček, Vítězslav ; Kopečný, Zdeněk (advisor) ; Galovcová, Ingrid (referee)
Criminological Aspects of Hate Crime Abstract Hate crime refers to a set of crimes committed for a prejudicial motive against a group of people for their essential personality characteristics such as nationality, religion, or sexual orientation. Topicality of the issue stems from the fact that related social phenomena such as racism, xenophobia, radicalisation, or discrimination of minorities are far from being satisfactorily dealt with even in Western society. The fundamental goal of this thesis is to provide the reader with a comprehensive criminological view of hate crimes in the territory of the Czech Republic. Main findings include the following: the concept of hate crime is not unified in theory nor legislation in terms of protected characteristics, which negatively translates into research and policy of hate crime. The quantity of registered crime is in the order of less than 200 crimes per year, its trend is downward, and its structure is predominantly non-violent; unfortunately, it is also accompanied by high latency. The Czech perpetrator is usually male and a repeat offender, in early adulthood, with a basic education and without a factual relationship to extremist groups. Victims of violent forms of hate crime are, in principle, suffering more intense harm (especially psychological) than victims...
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Criminal acts committed by racial, national and other hateful motives
Štůsek, Jaromír ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
Criminal acts committed by racial, national and other hateful motives Abstract in english The dissertation thesis is focused on the issue of crimes committed by racial, national and other hate motives, which are nowadays commonly referred to as hate crimes. The dissertation thesis comprehensively elaborates the essence of the issue of hate crimes and the ideas on which this crime is based on. The thesis points to a relatively rich but very inconsistent and constantly evolving terminology and defines related terms such as extremism, racism, anti-Semitism, anti-Islamism or racial prejudice. It should be recalled that the notion of hate crime is not entirely appropriate to this issue. A closer interpretation of the individual terms is important for the correct interpretation of the relevant facts that are affected by this issue. The analysis of related criminal offenses and related case-law demonstrates what conduct these crimes may impact. We have to realize that the issue is very closely related to the constitutionally guaranteed freedom of speech and expression, and they are very closely intertwined. To define the boundary between an offense and the right of an individual freely expressing their opinions in word, writing, print, image or otherwise, as well as freely seeking, receiving and disseminating...
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The specifics of violence against women without shelter
Piknová, Tereza ; Tomeš, Igor (advisor) ; Pěnkava, Pavel (referee)
The diploma thesis is focused on the specifics of violence against the homeless women. The thesis is divided in theoretical and empirical part. Theoretical part is further divided into three chapters, structured from the general description of homelessness to the specifics of violence that is happening on the homeless women. The goal of the empirical part is also to identify barriers and preconditions for the solution of violence and recommendations for optimization of help with violence. The empirical part is based on two data sets, one of them is social workers/curators, second is homeless women. The research is qualitative and is conducted in the form of semi-structured interviews. In the final part of empirical research, a comparative analysis of both data sets is performed. From the analysis are derived the conclusions and recommendations on how to contribute to setting more effective means of solving violence against the homeless women.
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Criminological Aspects of Hate Crime
Bouda, Jan ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
The aim of this thesis on the topic of the Criminological Aspects of Hate Crime is to offer comprehensive point of view on this issues to the reader. The thesis is divided into five separate chapters. The first chapter is focused on definition of hate crime, specific characteristics of this criminality which distinguish it from other types of crime and also on typology of hate crime. The second chapter is concentrated to the Czech substantive legal regulation of hate crime and its possible regulatory options for the future in a first place. In its other part is focused on legal regulation of hate crime in the United States of America, Great Britain and Germany. In the last part of the chapter, the regulations of all these states are compared in terms of method which they used for anchoring hate crime in the legal system and how large their protection of minority is. The third chapter includes the issue of extremism which is defined at first and than divided into individual forms of extremism, based on their ideological bases and pursued aims, Furthermore, the attention is concentrated on the current state of the extremist scene in the Czech Republic, its activities and subjects. The final part of the chapter is devoted to concepts, closely related to extremism, like racism, anti-Semitism,...
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Criminological aspects of hate crime
Ludvíková, Barbora ; Herczeg, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The aim of this master's degree thesis on the topic of the Criminological Aspects of Hate Crime is to offer a comprehensive perspective on hate crime from the criminological point of view. The first chapter is introductory and concerns itself with the phenomenon of hate crime in general. It deals with the theoretical definition of hate crime, its specific characteristics that distinguish it from other types of crime and it also includes a typology of hate crimes. Subsequently, it focuses on the international, European and Czech substantive legal regulation. The second chapter concerns itself with the related term of extremism. It defines the main ideas and manifestations of right wing and left wing extremism and it also focuses on the current situation and extremist scene in the Czech Republic. During the examination of the right wing political extremism, the terms of racism, nationalism, ethnocentrism and xenophobia are explained. Then, religious extremism and terrorism are briefly described. Finally, the last subchapter deals with the etiology of extremism. The core of this thesis lies in its third chapter that concerns itself with hate crimes from the criminological perspective and examines phenomenology, etiology and control of this criminality. The phenomenological subchapter focuses on the...
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