Den usynlige vold - en retsdogmatisk analyse af psykisk vold bestemmelsen i dansk strafferet - PhDData

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Den usynlige vold – en retsdogmatisk analyse af psykisk vold bestemmelsen i dansk strafferet

The thesis was published by Brix, Michael Boddum, in January 2023, Aalborg University.

Abstract:

This master’s thesis aims to unravel the intricacies of the Danish criminal law provision ยง 243, which criminalizes the act of committing psychological violence against individuals with whom the aggressor has or has had a close household relationship, with the intent of gaining unnatural control over the victim. To provide a comprehensive understanding of ยง 243, this thesis analyzes other provisions that share a direct connection to psychological violence or have had their wording changed to accommodate ยง 243’s implementation in the Danish criminal law. These provisions include ยง 244, physical violence, ยง 245, serious physical violence, ยง 247, enhancement of sentence, ยง 260, illegal coercion, and ยง 266, illegal threats.The thesis deconstructs ยง 243 to understand its functions and intentions, and examines how the courts of Denmark determine suitable punishments for cases involving psychological violence. Through this analysis and the examination of three court cases, this thesis offers insights into the lawmakers’ thought processes when creating ยง 243.Lastly, the thesis evaluates the provision’s field of application and suggests the potential benefits of a more general subdivision. While ยง 243 is designed to punish a specific area of the law, this thesis argues that a more general subdivision could strengthen not only ยง 243 but also other provisions that may benefit from revised wording. In conclusion, this thesis sheds light on the complexities of ยง 243 and offers valuable insights into the Danish criminal justice system.



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