This Thesis focuses on the topic of selected issues of the crime of Stalking according to Section 354 of the Criminal Code. The offence of Stalking affects the socially harmful phenomenon known under its English name "stalking", which represents a wide range of often unpredictable forms of behavior. In this Thesis, I aimed to analyze the constituent elements of the criminal offence of Stalking and to place it in a broader context. At the same time, the aim of the work is to provide de lege ferenda proposals for improving existing legislation, firstly by thoroughly analyzing the constituent elements of the offence, secondly, by looking at practical use of the provision of the law, and thirdly, by comparing it with foreign legal regulations. This Diploma Thesis is divided into four main sections, which are further divided into individual chapters and subchapters. These sections follow consecutively logically and give the reader the opportunity to gradually penetrate into the whole matter. I have proceeded from a more general explanations and descriptions of the issue of stalking to the detailed analysis of the crime of Stalking. A lot of practical examples and cases are provided in the Thesis, for better illustration and understanding of the issue. The introductory section describes the phenomenon of...

A comprehensive literature review indicated that there is a dearth of research focusing on female youth sex offenders and even less is known about the perceptions of female youth sex offenders regarding the factors that contributed to their offending. This study explores the perceptions of female youth sex offenders regarding their reasons for offending. The female youth sex offenders in this study indicated that various factors as discussed below contributed to their offending. The empirical findings of this study confirmed that female youth sex offenders are of the opinion that certain problems within their families possibly contributed to their offending behaviour. Some of these characteristics include factors such as divorce, poor parenting skills, domestic violence, substance abuse and lack of basic care and safety, just to mention a few. Female youth sex offenders’ lack of assertiveness, low self-esteem and identity issues were other factors that most probably contributed to their sexual offending. When taking into account that the majority of the participants’ parents were unemployed, poverty was another factor that most likely played a contributory role. Due to poverty in the household some of these youth were forced to relocate to Girls’ Homes, change schools or drop out of school. In order to curb female youth sex offending one would need to address these factors in a multidisciplinary and holistic manner. This study reports an in-depth qualitative understanding of the perceptions of female youth sex offenders regarding factors that contributed to their offending. In addition the last objective of this study will be the formulation of recommendations to address female youth sex offending more effectively. / Dissertation (MA)--University of Pretoria, 2014. / gm2014 / Social Work and Criminology / Unrestricted

Magister Legum - LLM

The study emanates from the need to explore and gain insight into the factors that led to the criminal behaviour of persons with mental disorders who are admitted to Lobatse Mental Hospital following a criminal offence. Objectives of the study were to provide a broad theoretical background on criminality amongst persons with mental disorders; to explore factors that contribute to the criminal behaviour of persons with mental disorders; and lastly, to draw conclusions and recommendations regarding reduction of criminal behaviour amongst persons with mental disorders. The study utilised and answered a research question that read as follows: What are the contributing factors to the criminal behaviour of persons with mental disorders? The study was therefore centred on this question as it was undertaken to find answers to the research question. The study used qualitative research approach because the researcher heavily relied on subjective data provided by the small sample, which in turn has been used to generate some understanding of the factors contributing to the criminal behaviour of persons with mental disorders. Applied research was used because it addresses the problem of criminal behaviour of persons with mental disorders and draws conclusions and recommendations to the reduction of the criminal behaviour amongst persons with mental disorders. The study also followed a qualitative research approach, in particular a collective case study strategy. The population for this study comprised of all offenders with mental disorders at Lobatse Mental Hospital. The researcher relied on purposive sampling technique to select the participants. Twelve patients with a mental disorder admitted at Lobatse Mental Hospital were interviewed face-to-face by the researcher and a tape recorder was used to capture the data. In analyzing the data themes that were categorised in line with emerging patterns, particularly with reference to the research question, were identified. The conclusion from the literature review revealed that there is a causal relationship between mental disorders and criminal behaviour. It however revealed that persons with mental disorders with psychotic symptoms are at increased risk of criminal behaviour. Literature also showed that persons with mental disorders can commit crimes not necessarily due to their mental disorder but to other factors such as greed, lack of conscience and revenge. The factors contributing to the criminal behaviour of persons with mental disorders as revealed by the participants are as follows: mental disorder accompanied by psychotic symptoms; alcohol and substance abuse; male; single; lower educational achievement; unemployed; self defence; mixing traditional and modern medicine; treatment non-adherence; poor interpersonal relationships with significant others; delay in seeking appropriate treatment; lack of education on one mental condition; living alone without anyone to monitor the signs and symptoms of the mental condition; poor conflict resolution skills. Copyright / Dissertation (MSW)--University of Pretoria, 2009. / Social Work and Criminology / unrestricted

Thesis (M. Medicine (Psychiatry)) -- University of Limpopo, 2022 / BACKGROUND: The challenge of sexual offence crimes against women and children is notably increasing worldwide with an accompanying impact on the mental and physical well-being of the victims and society, in general. Despite the impact, sexual offenders remain a complex group, not well studied in forensic psychiatry settings globally. Previous studies identify psychosocial factors and mental illness associated with sexual offending. Adequate care, treatment and rehabilitation of sexual offenders are crucial to reduce the impact of sexual offence and re-offending. AIMS: To determine the demographic variations, clinical factors, and observation outcomes in terms of diagnosis, fitness to stand trial, and criminal responsibility among the alleged sexual offenders referred to Thabamoopo Hospital. OBJECTIVES: To determine the prevalence of mental disorders among alleged sexual offenders, to determine the number of offenders fit or unfit to stand trial and who are criminal or not criminally responsible, to determine factors associated with vulnerability to sexual offending behaviour. METHOD: This study is based on a review of clinical records and files and psychiatrists' observation reports of all alleged sexual offenders referred by the courts for forensic psychiatric observation between the period January 2015 to December 2018 at Thabamoopo Hospital. RESULTS: The sample consists of 94 participants, only one female; all were black Africans. The majority were in middle adulthood, unemployed, of a lower level of education and not married. All participants had been charged with rape. A large number of the alleged sexual offenders were diagnosed with mental conditions. The most common diagnoses were Intellectual disability disorders, psychotic disorders and substance-related disorders. More than half of the sample was fit to stand trial and criminally responsible. CONCLUSION: More than half of the participants charged with rape were found fit to stand trial and to be criminally responsible. A significant number were diagnosed with mental illness. The outcomes of being unfit to stand trial and not being criminally responsible were common among mentally ill sexual offenders. The results signify that this group of offenders needs adequate psychiatric care, treatment and rehabilitation in order to reduce sexual offending and re-offending due to the impact of mental illness.

Denna uppsats utforskar den intrikata dynamiken av sociala och kulturella kontroverser inom populärmusikalisk diskurs med specifikt fokus på kränkningar och deras konsekvenser. Genom en kvalitativ låttextanalys av fyra låtar från Parents Music Resource Centers (PMRC) ”The Filthy Fifteen”, diskuterar denna studie samspelet mellan kränkning, moralpanik, kulturkrig och yttrandefrihet ur kritiska perspektiv. Genom att utforska dessa spridda men sammanhängande ämnen med hermeneutik och intersektionalitet som teoretiska verktyg, eftersträvar uppsatsen att synliggöra utmaningarna som artister, organisationer och musiklyssnare står inför, den känsliga balansen mellan individuella och kollektiva uttryck av kränkningar.

Hudáková, J. Criminal liability of legal persons Criminal liability of legal persons is a significant change to the continental European law. It is a sensible breakthrough into the core principle of an individual criminal responsibility of individuals. In connection with the adoption of Act No. 418/2011 Coll., on the criminal liability of legal persons and proceedings against them, the thesis deals with main aspects of the criminal liability of legal persons in the Czech Republic. After defining of legal grounds of the criminal responsibility author subsequently discusses sanctioning of legal persons. At the same time, the author discusses legal regulation of moral person criminal liability in France. She outlines the principles of criminal liability of legal persons, as well as the conditions for imposing sanctions. The author tries to demonstrate, by means of the attached statistical surveys, the numerous application of this institute in the French legal practice. Finally, the author tries to compare Czech and French legislation in selected aspects.

The thesis provides a concise explanation of the notions of confession and the seal of confession and observance of the same by Czech Republic criminal law. The seal of confession is especially provided for by Act No. 3/2002 Coll. on churches and religious societies. In my thesis, I also address the issue of protecting other types of non-disclosure recognized by the Czech Republic. The main topic covers respecting the seal of confession in the context of criminal law. I particularly concentrate on respecting the seal of confession in relation to Sections 167 and 168 of the Criminal Code concerning failure to prevent an offence and failure to report an offence. I also take note of the duty to testify and exceptions to the same. Whereas one of the exceptions{--}prohibition of interrogation{--}does indicate protection of the seal of confession, the other{--}the right to refuse testimony{--}includes no such unequivocal protection. Generally, Czech laws do recognize the seal of confession, and it is impossible to punish observance by priests of the seal of confession.

1 Abstract - Administrative penalties and protection measures Description of all administrative penalties and protection measures is the primary goal of this thesis. Due to wide extent of chosen subject, this work aims to individual categories of administrative penalties and protection measures, examines every single condition for its imposition a notices possible contradiction within legislation. The thesis does not include the criteria for imposing penalties, noticed set from section 37 till section 44 Contraventions Act which serve as instruments for determination and length of penalties. Concurrence of contraventions is also not included. In the opening chapter the definition and description of an administrative liability is described as well as basic issues of administrative penalization, considered to be a part of administrative authority's activity. The resemblance of principles of criminal and contravention law is described, that leads to using the same principles either in criminal and contravention law. There's explored what basic sources of administrative penalization are. Each of following chapters describes one of the penalties set in section 35 Contravention Act. Every chapter begins with general description of the penalty and then depicts its main purpose for which it is imposed. Then...

Juvenile delinquency amongst school-going adolescents is a growing concern in South Africa. Initiatives by policy-makers, educationists and school authorities, amongst others, have not yielded the desired changes in learner behaviour. This dissertation focuses on adolescent delinquency amongst learners in Gauteng secondary schools, with the precise aim of making recommendations to address the problem. An extensive literature review was conducted. An interpretive-constructivist paradigm with a mainly qualitative design was followed. A questionnaire and focus group interviews were administered to teachers. The findings confirmed the researcher’s view that juvenile delinquency in schools is escalating and warrants attention and intervention from all stakeholders. The main conclusion drawn from this research was that current policies and interventions on learner behaviour had no impact because policy-makers lacked the necessary will to ensure that interventions were implemented, reviewed and monitored. This study argues for a multi-pronged approach to address the problem. The Gauteng Department of Education (GDE) should review its policies and approach to the problem, and support teachers to ensure that teaching and learning remain the main priority of schooling. Future research could explore the role of social ills in the South African context on the development of learners’ antisocial behaviour. / Educational Foundations / M. Ed. (Socio-Education)