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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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The criminal offence of dangerous threatening under Section 353 of the Criminal Code
Lotterová, Helena ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The criminal offence of dangerous threatening under Section 353 of the Criminal Code The topic of this diploma thesis is the offence of dangerous threatening pursuant to Section 353 of the Criminal Code. The thesis, which is divided into seven parts, focuses on a comprehensive presentation of this topic and provides an insight into the jurisprudence and the legislation in other states. The first part describes the historical development of the crime of dangerous threating, first with a brief mention of the early beginnings, which is followed by a more detailed regulation in the Czech Republic and Czechoslovak Republic. The second part of the thesis is focused on the general concepts of criminal law, especially on the concept of a criminal offence. The aim of this part is to present the basic definition of key concepts, which are further worked on in the third part of the thesis. The third part, which is the main part of this Master thesis, is devoted to the regulation of this criminal offence, its classification within the criminal law, international and constitutional context and its detailed characteristics. The Czech court case law is also taken into account, especially with regard to questions related to the arousing of legitimate concern. The fourth part is devoted to the relationship of the...
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Stalking
Zlámalová, Ivana ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
This diploma thesis analyzes the phenomenon known as stalking. The psychological part is deals with the studies of two target groups of stalking - stalkers and their victims. I am pointing out especially the typology that can predict potential violence, and those that show means that limit, respectively stop stalker's conduct, such as effect of legal sanction or comply with medical care. I also examine, in detail, some legislations of Common law countries and the legislation of the Czech Republic. I focuse on civil, administrative and criminal means of legal protection against stalking.
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The Crime of Dangerous Threatening under s. 353 Criminal Code
Friedrich, Milan ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The crime of Dangerous threatening under s. 353 Criminal Code Abstract This thesis is focused on the crime of Dangerous threatening under s. 353 Criminal Code (Act no. 40/2009 Coll.) and firstly aims to analyze and interpret its elements in the light of the relevant case law. Further, this thesis aims to find corresponding crimes in the U.S. legal system, namely under the common law, the Model Penal Code and under the Florida Statutes, then this thesis aims to compare such American crimes with Dangerous threatening, to point out main differences between the jurisdictions, to evaluate Czech Dangerous threatening and finally to propose recommendations de lege ferenda. Firstly, this thesis analyzes the classification of Dangerous threatening within the Czech criminal law and focuses on the history and evolution of the crime of Dangerous threatening on the territory of the Czech Republic starting with the Austrian Criminal Code from 1852. Further, this thesis analyzes the crime of Dangerous threatening and interprets its elements in the light of the relevant case law, whereas a particular attention is paid to the actus reus, in particular to the interpretation of threatening to cause other serious harm and the ability of a threat to raise reasonable fear. Subsequently, this thesis focuses on the punishing the...
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The offence of dangerous threatening pursuant to Section 353 of the Criminal Code
Korcová, Aneta ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The offence of dangerous threatening pursuant to Section 353 of the Criminal Code Abstract This master thesis focuses on the detailed analysis and description of the criminal offence of dangerous threatening with the goal to evaluate the current legal regulation of this criminal offence. For this purpose, Czech and foreign sources were used. This master thesis is divided into five parts. The first part describes individual regulations which amended the criminal offence of dangerous threatening up to the present. In the second part, the misdemeanour of dangerous threatening is categorised from the point of view of seriousness and systematic nature of the Criminal Code. In addition, the specific features of the merits of the criminal offence are described with the focus on the possibility to raise legitimate concern. Last but not least, the individual terms which are included into the basic and qualified merit of the criminal offence are described. The third part is dedicated to the description of individual types of criminal penalties which can be imposed for the misdemeanour of dangerous threatening on adults, minors and legal entities. The main focus of this part is on the evaluation of the effectiveness of imposing individual penalties. In addition, the specific ways of expiration of the criminal...
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Stalking
Zlámalová, Ivana ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
This diploma thesis analyzes the phenomenon known as stalking. The psychological part is deals with the studies of two target groups of stalking - stalkers and their victims. I am pointing out especially the typology that can predict potential violence, and those that show means that limit, respectively stop stalker's conduct, such as effect of legal sanction or comply with medical care. I also examine, in detail, some legislations of Common law countries and the legislation of the Czech Republic. I focuse on civil, administrative and criminal means of legal protection against stalking.
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