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European Convention on Human Rights and its response to hate crimes and hate speech
Kundrák, Viktor ; Hofmannová, Mahulena (advisor) ; Tymofeyeva, Alla (referee) ; Jílek, Dalibor (referee)
The doctoral thesis deals with the issue of hate crime and hate speech in international law, specifically the protection of victims of acts falling under both categories within the framework of the European Convention on Human Rights. It describes the conceptual development of both phenomena and their regulation in international law, including both hard law, i.e. binding international law, and soft law, at both the universal and regional levels. Regarding hate speech, it highlights the crucial role of international freedom of expression protection and the different standards and requirements imposed on states based on the severity of the speech. It extensively analyzes the case law of the European Court of Human Rights in relation to both areas, introducing the category of verbal hate crime, which lies between hate crime and hate speech. It describes the parameters and limits of victim protection in relation to both types of behaviors and outlines possible future directions for the development of the Court's case law in the context of binding instruments at the universal level and the dynamic development of international soft law. In the area of hate crime, it focuses on the reflection of the need for a comprehensive response to the phenomenon, going beyond the procedural obligation of effective...
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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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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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Criminological aspects of hate crimes
Rybářová, Dominika ; Kopečný, Zdeněk (advisor) ; Tlapák Navrátilová, Jana (referee)
1 Abstract This diploma thesis focuses on the topic of hate crimes and their aspects from the perspective of criminology. Its aim was to provide a comprehensive summary of information, especially criminological information, on the issue of hate crimes in the Czech Republic. The work is divided into five chapters, which are further divided into individual subchapters. In the first part of the thesis there are mentioned the basic concepts. The first chapter deals with the definition of hate crime and focuses on its specifics compared to "ordinary" crime. The second chapter deals with concepts related to hate crime, namely hate violence, prejudiced violence, prejudiced hatred, extremism, anti-Semitism, nationalism, homophobia, Islamophobia and xenophobia. Specially I dwell on the concept of extremism and think of the link between hate crime and extremism in it. The aim of he following third chapter is to describe the current and desired legal situation of hate crimes in the Czech republic. First I describe hate crimes de lege lata and then I think about possible legal changes and consider hate crimes de lege ferenda. The fourth and the final chapter contains the main topic of the diploma thesis, which are the criminological aspects of hate crimes. This part of the work is divided into three subchapters, which...
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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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Hate Crimes
Korduliak, Matěj ; Pelc, Vladimír (referee)
Hate Crimes Abstract The author of this thesis discusses the issue of hate crimes according to the Act No. 40/2009 Coll., The Criminal Code, as amended, and related case law. The thesis is divided into several parts. The first part is devoted to the definition of hate crime and related terms such as extremism, prejudice, race, anti-Semitism, nationalism and xenophobia. These concepts are important for the following interpretation and for the understanding of the existence of special protection in the context of hate crimes. The second part is devoted to the international regulation of hate crimes. Emphasis is places on the analysis of the case law of the European Court of Human Rights. The third and fundamental part of this master thesis analyzes hate crimes in the Czech Republic in the context of settled and current case law. In addition, examples of statements fulfilling the facts of individual crimes from practice are given. The fourth part analyzes the basic issues of hate speech and hate crimes in the United States legislation and case law. It also includes comparison of individual approaches with ideas of possible inspiration. The fifth part is devoted to reflections de lege ferenda on the topic, especially with regard to different concepts in the Czech Republic and the United States. The last part...
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Hate Crimes
Korduliak, Matěj ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Hate Crimes Abstract The author of this thesis discusses the issue of hate crimes according to the Act No. 40/2009 Coll., The Criminal Code, as amended, and related case law. The thesis is divided into several parts. The first part is devoted to the definition of hate crime and related terms such as extremism, prejudice, race, anti-Semitism, nationalism and xenophobia. These concepts are important for the following interpretation and for the understanding of the existence of special protection in the context of hate crimes. The second part is devoted to the international regulation of hate crimes. Emphasis is places on the analysis of the case law of the European Court of Human Rights. The third and fundamental part of this master thesis analyzes hate crimes in the Czech Republic in the context of settled and current case law. In addition, examples of statements fulfilling the facts of individual crimes from practice are given. The fourth part analyzes the basic issues of hate speech and hate crimes in the United States legislation and case law. It also includes comparison of individual approaches with ideas of possible inspiration. The fifth part is devoted to reflections de lege ferenda on the topic, especially with regard to different concepts in the Czech Republic and the United States. The last part...
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Violent Crime and Its Prevention
Veselá, Soňa ; Krupička, Jiří (advisor) ; Konrád, Zdeněk (referee)
Violent Crime and Its Prevention Abstract This thesis deals with violent crime and its prevention. This topic is broad, therefore only few aspects are included into this work. I focused mostly on phenomenology of violent crime, worldwide comparation and prevention of crime. The violent crime is a traditional criminologic topic, but despite that, it is still very actual. My goal was to chart violent crime and its prevention. This work is divided into six chapters. In the first chapter, basic concepts are defined. The focus of a second chapter is on phenomenology, state, dynamics and extent of the violent crime in Czech Republic and in countries, that I have chosen. In the following chapter, the state of violent crime is compared in-between some chosen countries through index crime of homicide. Crime in United States and Great Britain is compared in more detail later in this chapter. In the same chapter, relapse and latent crime is also described. In the third chapter, perpetrator of violent crime, various kinds of typology, ratios between men and women in sense of numbers of offences and age composition of offenders are discussed. Victims, victimization, types of victims, forms of experiencing harm and impact of violent crime on the victim is the main topic of the fourth chapter. The fifth chapter deals with...
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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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