The master thesis deals with sexual criminal law from the very beginnings to the present time, especially from the point of view of the Slovenian regulation of rape and sexual violence.
In parallel with the analysis of the Slovenian system, solutions from other sexual criminal systems, in particular Germany, are also presented. In the beginning, attention is focused on the general arrangement in the oldest history, from the books of Moses, legislation of the Roman state and to the most important laws of the Germanic countries, which mostly affected Slovenia. The review of the legislation of ex Yugoslavia is important because it significantly affects today's sexual criminal-law mentality and certain traditional views, which, unfortunately, has deeply rooted in theory and in practice. In the master's thesis, I'm dealing also with the regulation of Germany today, because I want to highlight positive solutions and aspects that Slovenia could follow. In particular, the aim is to indicate why these solutions in the Slovenian legislation are welcome and desirable. As part of the study of the Slovenian system, attention is also paid to Slovenian case law. The purpose is to expose certain disputable judicial decisions in parallel with the modern theoretical aspects of sexual criminal law, which the courts should follow. Sexual delicts are a delicate area that has a significant impact on the victims and, in particular, on their rehabilitation from an unwanted event. Their modern intepretation could significantly contribute to the protection of victims of such crimes, which is ultimately the purpose of criminal law repression.
|
