Crimes Against Family and Children - Criminal and Criminological Aspects This thesis gives an expert and comprehensive interpretation of the issue of crimes against the family and children as a whole and examines these crimes from both the criminal and criminological points of view, providing the reader with an interpretation beyond the definitions provided by textbooks or commentary literature. In order to achieve these objectives, the work is divided into four chapters. The first chapter deals with the establishment of special protection of family and children in the legal order of the Czech Republic and its development, not only with regard to criminal law protection, but also on the matter of protection of children, and family in the field of international law, as well as national protection already guaranteed by the Charter of Fundamental Rights and Freedoms of the Czech Republic. The second chapter of this thesis is divided chronologically into nine parts, which are named after the individual crimes contained in Title IV of the Criminal Code. The interpretation focuses on the analysis of the central concepts necessary to understand the issue of the offence in question, and the individual offences are examined in particular with regard to the characteristics of the facts of the individual...

Today, the phenomenon of cybercrime can no longer be considered something obscured or unknown to the general public. Yet the majority of general population is aware of only a fraction of the offenses committed in cyberspace. As a result, a substantial proportion of Internet users act in violation of valid legislation in cyberspace, whether they do so knowingly or not. Cybercrime cannot be considered less dangerous than other forms of crime. On the contrary, due to its availability, globality and possible distance of the offender from the crime itself, this kind of criminal behaviour is on the rise year by year and its effects are becoming more severe, mainly due to the dependence of today's society on information and communication technologies. The aim of this thesis is to provide an introduction to the cybernetic world crime and offer a general view of the various aspects of this criminal activity. The introduction of my thesis deals with detailed description of the basic terminology present throughout the whole thesis and contains a brief description of the history and origins of the computer and Internet. An essential part of my thesis is the presentation of the legislative framework in the field of cybercrime regulation. This section mentions the laws that apply in the cyberspace environment...

- Crime of Murder and Manslaughter under Section 140 and 141 of The Criminal Code This master thesis aims to analyse the crimes of murder and manslaughter which are regulated under section 140 and 141 of the Czech Criminal Code. The thesis consists of six parts, which are further subdivided into chapters. The main topics of the particular parts are these: historical development, human life, euthanasia, murder, manslaughter, and comparison with Slovakia. The thesis is intended to provide the reader with a comprehensive and, simultaneously, a clear overview of the issue of intentional killings and the circumstances associated with them. An analysis of historical legislation is given in part one. It examines more closely the period of the Middle Ages and the Enlightenment, as well as the reform codifications of the 19th century. Subsequently, attention is focused on Czechoslovakia, analyzing the adjustment effective in the times of its establishment as well as during the totalitarian regime. The conclusion of the historical excursion is the present situation. The second part deals with human life, the protected object from these offences. Chapter one describes its inception, from the medical point of view (such as the fusion of male and female reproductive cells and the formation of the zygote), and...

Criminal aspects of domestic violence Abstract Domestic violence is a highly undesirable phenomenon that has been historically present in our society and, given the intimate sphere of life and the environment it affects, it needs to be treated with caution. The aim of this thesis, which is systematically divided into five chapters, is to provide the reader with a comprehensive overview of this dangerous and complex phenomenon with an emphasis on the existing legislation in the Czech Republic. The introductory chapter is devoted to the conceptual definition of domestic violence, the issue of necessity of a unitary definition of this socio-pathological phenomenon, this chapter further introduces the basic definition characteristics of domestic violence, its forms and types, particular phases within the cycle of domestic violence and theory of causes of domestic violence. The second chapter of this thesis deals with criminological and psychological issues respectively in relation to the perpetrator and the victim, introduces the typology of the perpetrators, defines their common characteristics, classify victims according to selected aspects, interprets key victimological terms and points out the serious consequences of repeated attacks. The following chapter presents an overview of the current Czech...

Magister Legum - LLM / This mini-thesis makes a claim that when Rwanda established the rule of Gacaca court system as a communal mechanism of transitional justice in the aftermath of the 1994 genocide, it accordingly enabled space for the ‘social truth’ to take centre stage as opposed to the legal truth. As such, testimonies by perpetrators and accounts by witnesses could only be permissible in Gacaca courts if they were socially acceptable by the community, and any evidence only needed to be orally validated by community members but not verified through formal legal procedures. The principal objective of this mini-thesis, therefore, is to examine how the ‘social truth’ was employed by Gacaca courts and how this kind of truth resonated with the communal nature of the courts.

Thesis title, keywords and resume Thesis title: Criminal aspects of cyberbullying Key words: cybercrime, cyberbullying, criminal law This master thesis deals with the definition of key criminal aspects of criminal offenses referred to as cyberbullying. The master thesis is divided into five separate chapters. The first chapter deals with the general definition of cyberbullying as a new phenomenon and its comparison with the traditional form of bullying, defines other key terms and defines the victim and perpetrators of this behavior, including these types and typology. The second chapter introduces cyberstalking, which is compared to stalking, following the example of the first chapter, again defines and defines the basic concepts that are characteristic of this issue, as well as the perpetrator and victim, considering their patterns of behavior, typology, and motives, which lead the aggressor to commit an infringement. The third chapter focuses on the illicit handling of personal data, which can serve as an effective tool to carry out cyberbullying, while all of them mention the institute of "freezing of data", which in turn serves as a means of prosecution and detection by law enforcement authorities to perpetrators of cyberbullying. The fourth chapter deals with the fastest growing and at the same time...

thesis title: Corruption and other criminal activities in sport The thesis deals with criminal activities in the field of sport. It focuses mainly on corruption in sport and examines it from the perspective of substantive criminal law. It describes the regulation of bribery offences contained in the legal system of the Czech Republic, the legal regulation of corruption in sport in six foreign European countries and international regulation. It deals with the concept of match fixing, which it defines and discusses its forms and occurrence in five selected sports sectors. It also discusses the issue of doping in sport, which is analysed from the perspective of international and Czech national regulations. Key words: criminal law, corruption, sport, match fixing, doping

Title of the thesis: Crime of murder and manslaughter under section 140, 141 of the criminal code This thesis deals with the crimes of murder and homicide under the provisions of § 140 and § 141 of the Criminal Code, which, as crimes against life, represent one of the most serious components of crime in society. In a broader sense, the thesis deals with all intentional killings under Czech law. The basic purpose of this work is to describe and evaluate the current legal regulation of these crimes after the recodification of Czech substantive criminal law effective from 1. 1. 2010. The thesis first contains a comprehensive historical view of the development of legislation in question. Then the crimes of murder and homicide and individual components of their factums are analyzed and described in more detail, especially from an interpretative point of view, including elements established by recodification like premeditation, prior consideration, strong derangement caused by excusable mental motion and the previous condemnable conduct of the aggrieved person. Subsequently, the thesis deals with murder and manslaughter from the point of view of comparative law, where these crimes are compared with some similar institutes within the framework of substantive criminal law. A separate subchapter also...

A thesis submitted in fulfilment to the degree of Doctor of Philosophy to the Faculty of Commerce, Law and Management,School of Law, University of the Witwatersrand / It has been almost 10 years since the International Criminal Court (‘ICC’) issued two warrants for the arrest of former President of Sudan, Omar Hassan Ahmad Al Bashir (‘Al Bashir’) on charges of crimes against humanity, war crimes and genocide. Despite the warrants, Al Bashir and some of his alleged co-perpetrators remain free as the ICC does not try suspects in absentia. Al Bashir has travelled to several countries, both contracting and non-contracting parties to the Rome Statute of the ICC (‘Statute’), in defiance of the warrants for his arrest without being arrested. Failure by states to cooperate with ICC requests to arrest and surrender him for prosecution has been the biggest challenge of the international criminal justice system over the years.Arresting and surrendering a person in the position of Al Bashir raises a number of legal issues relevant to this thesis. First, Sudan is a non-contracting state to the Statute and generally, it is not obliged to cooperate with the ICC. This raises the second question as to whether Al Bashir is entitled to immunities when it comes to contracting states to the Statute that are requested to arrest and surrender him to the ICC. Third, several contracting parties to the Statute have failed to arrest and surrender him to the ICC thereby breaching their obligations under the Statute. These states claim that there is a conflict between Articles 27(2), on non-immunity of a head of state, and 98(1), which requires the requested non-contracting state party to waive its immunity prior to arresting and surrendering Al Bashir to the ICC, in case they breach their customary international law obligations owed to Sudan. Fourth, they claim that the United Nations Security Council (‘UNSC’) Resolution 1593 (2005) which referred the situation of Sudan to the ICC does not impose any obligation on states other than Sudan to cooperate with the ICC on this matter. Fifth, several states have still failed to cooperate with ICC requests to arrest and surrender Al Bashir despite the ICC Pre-Trial Chamber (PTC) holding that there is no conflict between their statute and international law obligations towards the Sudan. The PTC referred these non-cooperating states to the ICC Assembly of States Parties (‘ASP’) and United Nations Security Council (‘UNSC’) in terms of article 87(7) of the Statute. However, they have so far faced no consequences. What is unclear from Article 87(7) is the nature and scope of remedies that are available to the ASP and the UNSC when a non-cooperating state has been referred by the ICC for enforcement. It is also unclear as to what procedure the ASP and the UNSC would follow in enforcing cooperation. It is observed from the provisions of the Statute that the ASP’s powers are unclear, whereas the UNSC is expected to act in terms of its Chapter VII powers under the UN Charter. It is further observed from the decisions of the PTC and the reports of the ICC Prosecutor to the UNSC that both the ASP and the UNSC have not yet taken any action against noncooperating states. As a matter of fact, it is unclear whether the ASP or the UNSC will ever take any action against non-cooperating states for failing to arrest and surrender Al Bashir to the ICC. Using the example of Sudan and Al Bashir, this thesis analyses the enforcement of the ICC’s requests and decisions by the UNSC and the ASP in relation to states’ failure to cooperate. Since the ICC cannot operate without the cooperation of states, the thesis argues that there is a need for the ASP and UNSC to take strong measures against non-cooperating states. The thesis identifies a critical need for a strong, clear and elaborate follow-up mechanism against non-cooperating states that have been referred to the ASP and UNSC under the Statute in order to contribute to the fight against international crimes and ending impunity. The thesis therefore does two things. Firstly, it examines the nature and scope of the powers of the UNSC and ASP under the Statute in relation to enforcing state cooperation with the ICC requests. This entails exploring how the UNSC and ASP can compel states to fulfill their Statute obligation to cooperate with the ICC’s requests to arrest and surrender suspects. Secondly, the thesis develops recommendations to the UNSC and ASP for the enforcement of the ICC’s requests and decisions to arrest and surrender suspects. In order to develop proposals for an effective enforcement of cooperation with ICC requests to arrest and surrender Al Bashir and persons in similar position under the Statute, the thesis draws lessons from the two regional human rights tribunals of the Inter-American Court of Human Rights (IActHR) and the European Court on Human Rights (ECtHR). Although, the African Court on Human and People’s Rights (AfCHPR) has the capacity to monitor state cooperation with its decisions through the existence of a legal framework under the Charter, it has not yet developed this area of the law. The AfCHPR has neither clear practice nor policy on enforcement of state cooperation. The AfCHPR does not also have follow-up mechanisms on enforcement of state cooperation with its decisions. It is for this reason that a discussion of this system in this thesis is merely illustrative of the legal framework on state cooperation including the areas that may require improvement if the system is to achieve maximum state cooperation. / NG (2020)

Research has shown that both legal and extra-legal factors are used by the prosecutor in a sexual assault case when making the decision to file charges in the case. However, no study on sexual assault prosecutorial discretion, at this time, has examined the effect of prior consensual sex between the victim and the offender and the affect that it has on the prosecutor’s decision to file charges. Using data from a National Institute of Justice Study on sexual assault case processing, this study tests whether evidence of prior consensual sex between the victim and the offender plays a role in the prosecutor’s decision to file charges in sexual assault cases. This study also examines the effect of the interaction between extra-legal factors and prior consensual sex between the victim and the offender.