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Sentencing in the Czech Republic: An Empirical Investigation
Drápal, Jakub ; Dušek, Libor (advisor) ; van Wingerden, Sigrid (referee) ; Johnson, Brian (referee)
Sentencing in the Czech Republic: An Empirical Investigation Abstract Sentencing is in many respects still terra incognita. This holds true especially for other countries than common law ones and those in the Western and Northern Europe. This dissertation thus empirically studies sentencing practices in the Czech Republic using quantitative methods. It is composed of four articles focusing on various sentencing issues: Firstly, on the influence of judicial experience on sentencing using longitudinal data analyzing judges' trajectories from 2008 onward. It shows that increasing experience reduces inter-judge disparity. Secondly, on analyzing previously underappreciated measure to achieve policy change: Informal authority of the supreme institutions. In 2016 the Prosecutor General's Office and the Supreme Court organized several meetings and seminars for prosecutors and judges in order to persuade them to impose more fines. This paper illustrates that these informal tools might have been underappreciated as they are highly effective. The third paper is dedicated to studying a particular extra-legal characteristics influencing sentencing in Prague: The weather. It builds both on psychological literature showing that weather influences mood and mood often impacts behavior and decision-making and on previous US...
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Reasons Provided for Sentences as the Only Manifestation of Accountability for Sentencing Discretion: New Solution to An Old Issue
Drápal, Jakub
The inssuficient quality of reasoning for the sentences imposed provided by Czech courts has often been criticized by the academia, the legislator, and even the judiciary itself. In this paper I present a new way tu structure the process of providing reasons for sentences imposed which incites judges to explicitly state all the factors influencing sentences, with special focus on the weight each factors carries and how are all factors considered together when arriving at the final sentence. Procedural simplicity and efficiency is sought in order to ensure its easiest application in practice.
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The proportionality of punishment to the wealth of an offender
Drápal, Jakub ; Ondřejek, Pavel (referee)
The proportionality of punishment to the wealth of an offender Abstract This thesis focuses on a contentious issue: Should a fine be related to the wealth of an offender? The first chapter presents various philosophical answers to this question, with most of the attention being directed to the division of fines to regulatory and penal by O'Malley. The contribution of law and economics and other theories is emphasized as well. The second chapter considers the jurisprudence of the Constitutional, Supreme Administrative and Supreme Court of the Czech Republic in relation to the principle of prohibition of fine's liquidation effect on the offender. Based on this analysis, a simplified cheatsheet is presented for government officials to better identify when a fine might have liquidation effect. Fine in the sphere of criminal law is the subject of third chapter. After discussing the theoretical foundations of day-fine concept, its application at two Czech district courts is analyzed. The results suggest that the day-fine concept exists only on paper. To find out why the concept does not work, I have analyzed all relevant legislation of European states relating to the day-fine concept. Based on this comparative analysis I suggest what should be done to improve current legislation in the Czech Republic. My last...
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The proportionality of punishment with regard to the wealth of the offender
Drápal, Jakub ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
The proportionality of punishment with regard to the wealth of an offender Master's Thesis Jakub Drápal Summary This thesis's main question is whether or not pecuniary punishments should be proportionate to the wealth of an offender. In the beginning the philosophical aspects and opinions of Law and Economics are examined. Jurisprudence of Czech Constitutional Court is discussed as administrative and penal law with their respective jurisdictions, Supreme Court, Supreme Administrative Court and Constitutional Court. Private and supranational law is also considered. The practical part of the thesis is composed of an analysis of the way how are pecuniary punishments in the form of day fines set at two Czech courts. The outcome is that the concept of day fines is not applied in the Czech Republic and is not accepted by the judges. Even though richer offenders get higher sentences than the poorer ones, in proportion to the punishment the richer receive much lesser sentence. To sum-up the findings, it is not possible today to give a unequivocal answer to the key question, whether pecuniary punishment should be proportionate to the wealth of an offender. It is possible in several areas of law, as it is possible to often choose, whether or not it is effective. General and abstract question however has to be left...
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Analysis of tourism in selected region
Drápal, Jakub ; Svatošová, Libuše (advisor) ; Julie, Julie (referee)
This thesis analyzes the current status and trends of tourism in Prague. The analysis focuses on the current development of selected indicators in the framework of Prague in 2000 - 2015. Among the selected indicators include the number of guests in collective accommodation establishments, the number of overnight stays and accommodation facilities. It is also chosen Prague 5 objects for usage analysis. The selected objects are Prague Castle, Prague Zoo, Jewish Museum, Old Town Hall and the Petrin Tower. To determine the basic trends are used elemental characteristics of time series. Based on the obtained data is created estimate for the following years. To estimate these years using the straight trendy functions and simple exponential smoothing.
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Suggestion of technology for clutch component
Drápal, Jakub ; Fiala, Zdeněk (referee) ; Zemčík, Oskar (advisor)
The Bachelor work draft production of manufacturing machined component clutch of motorcycle Ducati. The work includes familiarization with the function of component, desvising the technological process for unit production and subsequent production on the CNC lathe. Technological preparation for production on the CNC machine will be imple-mented with using CAD / CAM software. In conclusion will be assessed technical economic evaluation of production this component.
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