| Abstract [eng] |
The master thesis examines criminal liability for stalking. This topic is analysed on the basis of normative legal acts, specialised literature and the case law of the Supreme Court of Lithuania and courts of appeal. In order to research the nature of stalking and the specific aspects of application of criminal liability, the concept of stalking, elements of the body of stalking, the initiation of criminal prosecution, as well as distinguishing from other criminal offences are analysed. The thesis researches the concept of stalking, while discussing its origins, definition, types of stalkers, stalking behaviours and reviewing the reasons for criminalising stalking. The conclusion is drawn that stalking is a course of conduct directed at a specific person, which the victim does not want and which disrupts normal routine and / or causes negative feelings. In addition, elements of the body of stalking are examined, comparing them with the legal provisions established in the Penal Code of California. It is observed that, when challenging the legality and validity of conviction, convicted people often question the clarity of the expression of will of the victim, the causation between the unlawful acts and consequences, also specify legitimate motives for their conduct. This thesis reviews the procedure for initiating a pre-trial investigation into stalking, emphasising the importance of ability of law enforcement officials to recognise the characteristics of stalking. What is more, the opportunities for applying preventive measures in the context of the obligation of state to ensure the safety of victims are analysed. It is underlined that appropriate measures of procedural coercion are those which restrict the ability of suspect / defendant to contact, communicate with, or approach the victim. Finally, distinguishing between stalking and other criminal offences is researched, taking into consideration the court practice. The systematic assessment leads to the conclusion that the greatest difficulty is distinguishing between elements of the bodies of stalking and systematic intimidation. |
