96 Sanctioning of serious criminal act offenders Abstract The thesis is divided into five chapters. The first chapter deals with general questions concerning the topic of the thesis: how a serious offence can be defined and how offenders who committed such an offence can be punished. The aim of the chapter is to present general ideas and to set the problematic the thesis deals with in detail in a broader context. The second and the third chapter presents the statute law concerning two topics withing the broader topic of the thesis. The second chapter deals with the rules of punishment of sexual offenders according to the Belgian law. The rules are discussed in detail and presented in the context of the criminal law as whole. Several inconsistencies that are caused by a non respect to the consequences of a change in one field of criminal law to another one. The third chapter presents the Belgian complementary punishment of mise à la disposition du tribunal de l'application des peines and the German preventive measure of Sicherungsverwahrung and their brief comparison. Both measures incorporate the same idea - a group of offenders cannot be liberated, even though they have already served their punisment as whole - but they differ in details. The fourth chapter deals with the participation of experts to the...

Magister Philosophiae - MPhil / The main aim of this study is to analyse how traditional African practices relating to child marriages violate the South African legal framework in the face of HIV/AIDS, as well as assessing it's response to child marriage in compliance with international and regional human rights standards. The specific objectives are: 1) To analyse traditional African practices in relation to child marriages in South Africa. 2) To discuss international and regional standards on the protection of child marriages linked to harmful cultural practices. 3) To show how different traditional African practices relating to child marriages violate the South African legal framework in light of international human rights standards.

Section 234 of the Constitution of the Republic of South Africa, 1996, states that in order to deepen the culture of democracy established by the Constitution, Parliament may adopt Charters of Rights consistent with the provisions of the Constitution. In accordance with its obligations caused by ratifying various international instruments, the government adopted the Service Charter for Victims of Crime in South Africa in 2007. The Service Charter entrenches seven specific rights to a victim of a crime, which also includes the child as a victim. The purpose of this dissertation is to investigate the question whether the rights of child victims to be treated with fairness and with respect for dignity and privacy, to offer information and to receive information are satisfactorily protected within the South African legal framework in light of the requirements of the Constitution and the international legal framework. As point of departure, the background and legal nature of the Service Charter will be investigated briefly. The background of the relevant international and regional instruments are also discussed. This is followed by an analysis and an explanation of the theoretical foundations of the right to be treated with fairness and with respect for dignity and privacy, from an international, regional and a South African perspective. Attention is particularly drawn to the way the courts have interpreted the right to be treated with fairness and with respect for dignity and privacy. What the right entails within the Victim’s Charter is also investigated. This is followed by an analysis and an explanation of the theoretical foundations of the right to offer information and to receive information, from an international, regional and a South African perspective. What the right entails within the Victim’s Charter is also investigated. Finally, a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Section 234 of the Constitution of the Republic of South Africa, 1996, states that in order to deepen the culture of democracy established by the Constitution, Parliament may adopt Charters of Rights consistent with the provisions of the Constitution. In accordance with its obligations caused by ratifying various international instruments, the government adopted the Service Charter for Victims of Crime in South Africa in 2007. The Service Charter entrenches seven specific rights to a victim of a crime, which also includes the child as a victim. The purpose of this dissertation is to investigate the question whether the rights of child victims to be treated with fairness and with respect for dignity and privacy, to offer information and to receive information are satisfactorily protected within the South African legal framework in light of the requirements of the Constitution and the international legal framework. As point of departure, the background and legal nature of the Service Charter will be investigated briefly. The background of the relevant international and regional instruments are also discussed. This is followed by an analysis and an explanation of the theoretical foundations of the right to be treated with fairness and with respect for dignity and privacy, from an international, regional and a South African perspective. Attention is particularly drawn to the way the courts have interpreted the right to be treated with fairness and with respect for dignity and privacy. What the right entails within the Victim’s Charter is also investigated. This is followed by an analysis and an explanation of the theoretical foundations of the right to offer information and to receive information, from an international, regional and a South African perspective. What the right entails within the Victim’s Charter is also investigated. Finally, a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

This study is based on a proposition about the legislation regarding sexual offences prepared by a commission initiated by the Swedish government in 1972 which was presented in 1976. The purpose of this study has been to ascertain the commissions views on rape based on their representation of the problem, their presuppositions and assumptions regarding it and future consequences in behavior for victims and offenders of the crime. The key results of this study is that the commission regarded the “problem” of the then current legislation to be non-consistently with the time being. In their opinion the legislation needed to be loosened from its moral strings and be adjusted to the “new” sexually liberal era. The study has furthermore shown that the commission had a clear picture of rape as consistent of different victims and different perpetrators regarding the prevailing situation. Depending on factors such as gender, social class and generation the commission pointed out certain women likely be sexually assaulted and certain men likely to be rapists. Consequences of this being that certain women were regarded as jointly responsible in case of being subject to rape. These women were led to the perception that they, in the future, had to avoid a certain behavior if they did not want to risk being raped. Rather than the victims of rape perpetrators benefited by the suggested new legislation since their crimes were looked upon more mildly than before and they were not themselves fully responsible for the offence.

This study records an attempt to apply feminist epistemology to the conduct and communication of social science research, specifically of the Badgley Report. When I began, I wanted to understand why and how mainstream social science research persists in evading feminist analysis of the problem of child sexual abuse, despite agreement on incidence and perpetrators. I also wanted to find ways of producing knowledge that did not either evade nor postpone voicing the truths of women's and children's experiences of child sexual abuse. I have learned that commitment to a feminist framework requires critical consciousness of all aspects of the processes by which knowledge is constructed, including the relationship and interaction between the writer and reader of research. Thus, what I have attempted to do in this thesis is to communicate feminist research processes through both the form and the content of my report.

Sexual coercion (section 186 of the Penal Code) and other offences against human dignity in sexual sphere My diploma thesis analyzes of the sexual coercion and it also applies to comparison of the sexual coercion with the other offences against human dignity in sexual sphere, mainly with the rape and the sexual abuse. The sexual coercion is newly (since 2009) included in the Czech Penal Code, namely in the section 186 of this Penal Code. There we find seven subsection (paragraphs) of its editing. The main aim of this text is interpret individual legal signs of the elements of the sexual coercion, particularly the object, the physical elements (actus reus), the offender (the subject) and the mental elements (mens rea). I try to put this aim into context. In the beginning, I sketch of the historical evolution of the legislation of the sexual offences. After that, I deal with the criminological excursion about sexual crime (crime against human dignity). Then this text continues with the concise essay on the present legislation of the sexual offences and their classification. After that, the major part of this thesis describes some terms that are related to the sexual coercion. In this part, I try to compare Czech legislation of the sexual offences with German, Austrian and Swiss legislation, because...

Cette étude comparée, à la fois transdisciplinaire et transnationale, permet d’esquisser un portrait de « l’expert psychiatre » européen, mais aussi de mieux comprendre son rôle et les enjeux de sa mission, à chaque stade de la procédure judiciaire (de la phase d’instruction jusqu’au procès, de la réception de la mission à la rédaction du rapport). L’immersion dans l’univers de travail de l’expert psychiatre (observation d’examen, de rapports, entretiens), dans le quotidien de la Justice (entretiens, observations d’audiences, de dossiers judiciaires), offre une analyse dynamique permettant de saisir au plus près les enjeux liés au rôle de l’expert psychiatre dans le processus pénal et judiciaire autour des affaires de crimes sexuels. Cette porte d’entrée confronte la rigueur juridique des textes qui régulent la procédure pénale à leurs mises en contexte dans la pratique judiciaire. Elle interroge la transformation de la place de l’expert psychiatre dans les politiques pénales, sous l’effet des mutations conceptuelles qui ont affecté l’appréhension de la délinquance sexuelle et du risque de récidive. De la scène judiciaire à l’action publique, émerge une nouvelle figure de l’expert psychiatre sur la scène européenne. / This comparative study, both transnational and transdisciplinary, allows to sketch out a portrait of “the European forensic psychiatrist”. Observation of the dynamics in the construction of expertise provides a good understanding of the forensic psychiatrist’s role and of the issues involved in his mission at each stage of the procedure (from investigation to trial, from assignment of a case to the drafting of the forensic report). Immersion in the working routine of forensic psychiatrists (observing forensic examinations, reading reports, interviews) as well as in the daily routine of the justice system (observing hearings, reading criminal records, interviews), allows a dynamic analysis furthering knowledge on the role of the forensic psychiatrist in the criminal proceedings dealing with sexual offences. This approach confronts the rigor of criminal law ruling the criminal process with the practical realities of its enforcement. This research examines the transformation of the role of the forensic psychiatrist in public policies, under the effect of the conceptual changes that have affected the perception of sexual crime and the risk of recidivism. From the judicial arena to public policies, a new figure of the forensic psychiatrist emerges in Europe.

The main theme of this thesis, as the name suggests, is the crime of sexual coercion. This relatively new offense is regulated in seven paragraphs of Section 186 of the Penal Code. Since its introduction into Czech criminal law, it has been a useful addition to the crimes of rape (Section 185 CC) and child sexual abuse (Section 187 CC). It allows the criminalization of offenders who have committed such unlawful acts against human dignity related to sexuality, in particular the freedom of an individual to decide on their sex life, in cases, where sexually aggressive behaviour of the perpetrator has not reached the intensity of rape or child sexual abuse, while the perpetrator remained in the role of an observer, while the victim was forced to satisfy the erotic perception of the perpetrator through his (victim's) body and his own actions. In the first chapter the topic of legal regulation of sexual offenses is set in historical context. Later in the thesis, the crime of sexual coercion is analysed, described, explained and clarified in detail, the thesis deals with its object, physical elements (actus reus), offender (the subject) and mental elements (mens rea), including qualified facts and individual developmental stages. The offense of sexual coercion is further compared with the offenses of rape...

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