ABSTRACT

The Unfit Preparation and Attempt of Criminal Offence Abstract The question of unfit preparation and attempt is one of the most discussed as well as most unclear areas of substantive criminal law. Even though a lot of theoretical works have been dedicated to this topic (particularly in the past), a considerable amount of questions connected to unfit preparation and attempt still remains unanswered. The fact, that the written law itself usually governs only certain aspects of the problem (e.g. the current Czech Criminal Code specifically mentions the unfit preparation and attempt in just one provision of - section 46, par. 3). The aim of this thesis was to provide a comprehensive account of the unfit preparation and attempt in the legal theory, legal acts and case law and offer solutions to several problems of current legislation. Unfit attempt and preparation of criminal offence can be understood as specific types of attempt and preparation of criminal offence - the major difference between "regular" fit attempt/preparation and unfit attempt/preparation being the fact that unfit attempt/preparation cannot result in a completed crime, due to the absence of one of the substantial elements of criminal offence. The impossibility of preparation or attempt is caused by an error of the perpetrator, usually in the...

The main purpose of this thesis is to define the term "economic criminality" and the terms related; the role of economic crime within the legal doctrine itself as well as in the Czech legal system over the course of time; determining the specifics of economic crime while stressing the role of the offender, efficiency of punishment, control and prevention of this type of crime. This thesis consists of four chapters. The first part is dedicated to the definition of crucial terms on the national and international level. I also described the legislative evolution of economic crime and the protection of possession in the Czech legal system. I listed economic crimes de lege lata, while at the same time remembering the crimes that do not fall under the economic crimes section per se. Later on, I comment on some particular attributes of economic criminality with special focus on the profile of the perpetrator which is rather atypical. This fact unfortunately makes the efforts of the law enforcement authorities so much more difficult and it complicates their work especially towards construction of the adequate preventive measures etc. I also dedicate one section to the topic of corporate criminal liability which has a strong connection to the economic crime. The victims of economic crime find themselves in...

In October 2017, the actor Alyssa Milano announced a wish that all women who, in some way, have been sexually abused would answer their tweets with the words "me too". Almost a day later, #metoo breaks into Swedish social media. There are testimonies of countless of sexual harassments and abuse both from known, unknown and anonymous women who testify to the breadth of the major problem that came to be resembled as a revolution within the next few days. During the news reporting in connection with the campaign we discovered how the Swedish media generally showed differences in how suspected offenders were portrayed in the media. Using formulated analysis tools dramaturgical narrative techniques and criteria for newsworthiness from theories of media logic and theories of news value, we aim to investigate how one of the largest newspapers in Sweden, Expressen, choose to figure suspected perpetrators into sexual offenses in the context of the #metoo campaign. Our main research question is; “How do suspected offenders appear in Expressen's reporting of #metoo in relation to certain dramaturgic narrative techniques?” and “How are some suspects perpetrated in Expressen's reporting of #metoo in relation to certain news value criteria?” With a qualitative content analysis we examined a total of 20 articles and identified results that indicate that the suspected perpetrators according to our interpretation are expressed in the Expressens news reporting in such a way that they are to be perceived as guilty to the crime they're accused for. By identifying our chosen news value criteria in the empirical material which our study is based on, our interpretation is that there's a high news value of reporting suspected offenders in context of the #metoo campaign. The result of our study aims at contributing knowledge about how suspicious perpetrators are portrayed in cases of crime in the media. During our literature review, we found that the research previously conducted on media and crime is primarily about how the victim is portrayed in the media. With our study we want to contribute to the knowledge of how suspected perpetrators are portrayed, which can raise the awareness of how the media through different dramatic storytelling techniques and news evaluation criteria can shape news in different ways.

A legitimidade da criminalização de condutas na legislação brasileira de prevenção e combate à lavagem de dinheiro, bem como seu tratamento em âmbito internacional, e a dificuldade encontrada em sua adequada delimitação e aplicação eficaz constituem a problemática central desta tese. A justificação, validade, legitimidade e pertinência desta criminalização são analisadas criticamente em aprofundada discussão dos problemas atinentes ao sistema penal e como este pode, ou não, trabalhar com a atual criminalização da lavagem de dinheiro. São idealizados referenciais básicos, almejando, no mínimo, efeitos menos deletérios em uma tipificação tida como exemplo de quão gravemente os princípios fundamentais do direito penal liberal podem ser agredidos no afã criminalizante. Os resultados alcançados neste trabalho se traduzem na conclusão pela ilegitimidade desta tipificação penal na atual forma e na proposição do estabelecimento de contornos nítidos para a delimitação da responsabilidade criminal neste delito. Para além dos estreitos limites do direito penal, outra abordagem é oferecida, visando propiciar uma solução aos conflitos que surgem na sociedade brasileira em decorrência de condutas de lavagem de dinheiro, ultrapassando-se definitivamente o tecnicismo jurídico em favor de um sistema funcional de direito penal e, sobretudo, condizente com os fundamentos de um Estado Democrático de Direito. / The legitimacy of7 the criminalization of money laundering conducts in the Brazilian legislation and its treatment in the international forum, as well as the difficulties faced in adequately limiting the extent and effective application of that law constitute the main focus of this doctoral thesis. The justification, validity, legitimacy and pertinence of this criminalization are critically analyzed through detailed discussion of the problems posed in view of the penal system and of whether it could possible work with the contemporary criminalization of money laundering. Basic guidelines are developed with the goal of, at least, containing the negative impact of a criminalization that is seen as an example for how gravely elementary criminal law principles can be hurt in through excessive use of the criminal law. The results reached translate into the conclusion of the illegitimacy of the criminalization of money laundering in its current form and in a suggestion for the stipulation of clear limits to the reach of criminal responsibility for this conduct. Beyond the narrow area of criminal law, another approach is offered, aiming at creating a solution for the conflicts which arise in Brazilian society as a consequence to acts of Money laundering, thereby favoring a systemic approach under observation of the fundamental principles of a democratic State founded on the rule of law.

This thesis examines the portrayal of men and boys within the women, peace and security agenda, and in particular the United Nations Security Council’s (UNSC) security discourse on this theme. The relationship between the portrayal of victims and perpetrators, and the portrayal of men and boys are analysed and discussed based on the three-dimensional framework for Critical Discourse Analysis by Norman Fairclough. Through the theoretical framework of Martha Finnemore and Kathryn Sikkink on norm theory, this thesis furthers the understanding of the evolution of how men and boys are portrayed within the women, peace and security agenda. The results of this thesis are that the portrayal of victims often does not correspond with the portrayal of men and boys, while the portrayal of perpetrators often does correspond to the portrayal of men and boys. The study also shows that the portrayal of men and boys as the perpetrators as well as leaders in society has reached the third stage of the norm cycle by Finnemore and Sikkink; internalisation, and that the portrayal of men and boys as victims as partners to the female leaders in society has reached only reached the first stage of the norm cycle: norm emergence.

The aim of this study is to examine how female and male perpetrators are represented in the tabloid Aftonbladet. The study is based on two murder cases that resemble each other. The murders are commited by two perpetrators together, a woman and a man. The questions examined are: How are the perpetrators and victims of news journalism represented in murders commited together by a female and male offender? Which are the similarities and differences between how female and male offenders are represented? We executed a critical discourse analysis of 14 news articles from Aftonbladet, from the time period of the detention to the sentence of the crimes. The result shows that the perpetrators together are represented as well-planned, greedy and evil. The female offender are represented as manipulative, emotional and her actions are correlated to her role as a mother. Furthermore she is placed above the male offender, he becomes submissive. The man is also represented as deviant and has relationship problems with others. The victims are portrayed as helpless and innocent. They are also represented as thoughtful and generous towards their children. The victims’ fear is portrayed in relation to the perpetrators malice.

The aim of this study was to examine how the swedish newspaper Aftonbladet portrays the Las Vegas shooting in october 2017. Our research questions were: How is Stephen Paddock portrayed?, How is the victims portrayed? and How does Aftonbladet portray Stephen Paddocks motive of the shooting? With a qualitative framing analysis we examined a total of 19 articles and identified several frames that the perpetrator and the victims is described with. The result shows that Stephen Paddock is framed as evil, cold, lone wolf, a massmurderer and a systematic perpetrator. But we also identified a frame when he is portrayed as a “normal” individual. The victims are framed as goodhearted and ideal victims. Aftonbladet’s way of reporting is charatherized by sensationalism, emotionalism and intimacy which is typical for a tabloid newspaper. Aftonbladet also describes the course of events with rich details, which also is typical for tabloids. When this study was conducted, the motive and cause of the attack was still unknown. With that in mind, we identified several frames where Aftonbladet is trying to answer the question of what motive the perpetrator could have had. They portray Stephen Paddocks gambling and psychotic brain as possible reasons of the attack.

Bakgrund: Brottsmedling i brottsmål som involverar unga lagöverträdare är en viktig del av rättsväsendet och av socialt arbete. Medlingen, som är en del av filosofin reparativ rättvisa ämnar vara till nytta för både gärningsman och offer. Syfte: Syftet med studien är att undersöka vilka huvudteman som går att identifiera i tidigare forskning inom ämnet. Metod: En scoping review version litteraturstudie med tematisk analys användes som metod för att svara på syftet. Sökningar utfördes i databasen Primo. Tio studier valdes ut. De valda artiklarna kvalitetsgranskades och analyserades enligt teman. Resultat: Intresset bland brottsoffer för att delta i medling är stort och medlingen kan vara en mycket viktig del i offrets rehabiliteringsprocess. Många brottsoffer har positiva upplevelser av medlingsförfarandet och dess effekter, men upplever även besvikelse på processen och dess resultat är vanligt förekommande hos deltagande brottsoffer. Att få en ursäkt av sin gärningsman är för merparten av brottsoffren som deltar i medling mycket viktigt. Ursäkten är även viktig för gärningsmannen och förhoppningar om förlåtelse från sitt offer är vanligt bland gärningsmännen. Förlåtelse är tillsammans med andra aspekter påverkande på huruvida medlingsprocessen skapar minskad på återfallsförbrytelse för dessa gärningsmän. Medlaren har en mycket viktig roll i medlingsprocessen och påverkar alla aspekter av hur den fortskrider samt vad den resulterar i. Slutsats: Medlingsprocessen är viktig för de individer som erbjuds att delta och har potential att påverka ett brottsoffers rehabilitering samt en gärningsmans framtida sociala beteende och kriminella bana / Background: Victim offender mediation in criminal cases involving youth offenders is an important part of the judiciary and of social work. Mediation, which is part of the philosophy of reparative justice, intends to benefit both the perpetrator and the victim. It also strives to promote recidivism and prosocial behavior of the perpetrator. Aim: The aim of the study is to investigate which main themes can be identified in previous research on the subject. Method: A scoping review approach of literature study with applied thematic analysis was used as a method to answer the purpose. Searches were performed in the database Primo. Ten studies were selected. The selected articles were quality reviewed and analyzed according to the themes. Result: The interest among crime victims in participating in mediation is large and mediation can be a very important part of the victim's rehabilitation process. Many victims have positive experiences of the mediation process and its effects, but also experience of disappointment in the process and its results are common among the victims. Receiving an apology from your perpetrator is very important for most victims who participate in mediation. The apology is also important to the perpetrator and hope of forgiveness from one’s victim is common among the perpetrators. Forgiveness, together with other aspects, affects whether the mediation process creates a reduction in recidivism for these perpetrators. The mediator has a very important role in the mediation process and affects all aspects of how it progresses and what it results in. Conclusion: The mediation process is important for the individuals who participate and has the potential to influence a victim's rehabilitation and a perpetrator's future social behavior and criminal path.

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