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Unconditional imprisonment
Bednářová, Marina ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Unconditional imprisonment Abstract This diploma thesis deals with the legal institute of unconditional imprisonment. This type of punishment will always be a current issue due to its specific position, because it is, within criminal law, the only primary type of criminal sanction for violation of legally protected interests and, at the same time, it can be imposed for any criminal offense. The addressees of the law also perceive it as the harshest punishment that can be imposed on perpetrators of crimes. The legal regulation of this institute is very detailed but also somewhat fragmented, so the goal of this thesis is to provide a complex and comprehensive picture of this institute, with many partial parts presented by statistical data to better demonstrate the issue. The first chapter of the diploma thesis is devoted to the theoretical concept and definition of unconditional imprisonment, which includes its historical development on the territory of this country and also presents alternatives to unconditional imprisonment, as well as conditional imprisonment. The next part of the thesis focuses on the sentencing to unconditional imprisonment, which can be divided into two parts, the theoretical part includes the principles of sentencing, mitigating and aggravating circumstances and sentencing of specific...
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Means of Substitution of Custody
Strýhalová, Tereza ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
- Means Means of substitution of detention This diploma thesis deals with the possibility of replacing detention in criminal proceedings. The institution of detention is one of the ways in which a person accused can be detained for the purpose of criminal proceedings. However, as this is an institution which imposes a significant interference with the rights and freedoms of the accused person, which are guaranteed primarily by constitutional law, it is necessary to carefully consider whether the accused needs to be taken into custody and whether there is no measure to achieve the purpose of the criminal proceedings, which would otherwise ensure detention. This topic has been very topical for several years and there is no precise agreement on the question of the extent to which it is permissible to interfere with the rights and freedoms of the accused. For this reason, the use of milder institutes needs to be used as much as possible. The aim of this work is to discuss the possibilities of replacing detention and the positive and negative aspects of using these measures, which allow the institute of replacement. The work is divided into a total of four chapters. The first chapter of this thesis focuses on the discussion of the institute of detention and its use in criminal proceedings, while this...
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Criminological Aspects of recidivism
Fendrychová, Denisa ; Kopečný, Zdeněk (advisor) ; Galovcová, Ingrid (referee)
This diploma thesis deals with the concept of recidivism, which is a term that could be described as an occurrence in which the offender commits another criminal offence after being convicted. In recent years the number of recidivism rates in Czech Republic reaches from 40 to 50% which is further evidence to the urgency of this current issue. The goal of this thesis is to examine what could be the conditions of increasing or lowering the probability of reoffending and to bring forward the possible means of prevention based on that. Firstly this thesis addresses the term of recidivism and several possibilities of looking at it, further follows the issue of how recidivism is translated into legislation and then it offers data about the frequency of recidivism in Czech Republic from publicly accessible statistics. The core part of the thesis then researches if it is possible with sentences alone to prevent reoffending and if there are other factors that could potentially contribute to this goal. It could be concluded from the researched literature and studies that sentences alone have very little possibility to reduce the chances of reoffending. The lowest probability of reoffending was repeatedly recorded with people who started offending at a very young age, without stable occupations, place to...
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The Issues of Exceptional Punishment
Krajňáková, Viera ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Charles University in Prague Faculty of Law Ing. Viera Krajňáková THE ISSUES OF EXCEPTIONAL PUNISHMENT Diploma thesis Abstract The Supervisor of Diploma thesis: doc. JUDr. Jana Tlapák Navrátilová, Ph.D. Department of Criminal Law Date of elaboration of Diploma thesis (closing the manuscript): 6. 9. 2021 THE ISSUES OF EXCEPTIONAL PUNISHMENT ABSTRACT The diploma thesis is focused on the description and evaluation of the basic forms of exceptional punishment, as they are known by the Czech legal system and legal systems of selected European states. The introductory part deals with the meaning and purpose of the institution of punishment as such and the basic streams of thought dealing with the justification of punishment as an intentional harm caused to the offender for the committed crime. The second part of the thesis analyzes the historical development of the types of punishments in relation to the development of its function, from various physical punishments through the death penalty to the modern imprisonment of a limited duration or for life. In the following sections, I tried to describe and evaluate the death penalty itself from the point of view of its conformity with the basic human rights, from the point of view of arguments presented by retentionists and abolitionists, its current use in various...
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Causes and Prevention of Juvenile Delinquency
Decká, Kristína ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
This diploma thesis deals with the issue of juvenile delinquency, its causes and ways of prevention in various types. In addition to the theoretical part, which describes in detail the issues of this specific part of criminal law, the thesis also has a practical part, which is a graphical comparison of the most common types of crimes committed by juveniles and sanctions imposed on juveniles. Last but not least, the work deals with crime prevention, its types and practical example of implementation. Based on the information obtained, it can be stated that juvenile delinquency is currently on a declining trend and the judicial authorities are increasingly emphasizing the so-called restorative justice, which also aims to re-educate the perpetrator, not just his own punishment. Key words: juvenile delinquency, sociopatological phenomena, prevention
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House arrest punishment, its enforcement and control
Hodačová, Barbora ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
House arrest punishment, its enforcement and control The submitted diplom thesis aimed to analyze the legal regulation of house arrest within the Czech legal system, as an alternative punishment. This diplom thesis contains a total of seven consecutive chapters, the first contains the definition of basic criminal law concepts that are needed to understand the issue, especially the concept of punishment, the concept of alternative measures and the system of punishments and alternative measures and principles of sentencing. Another term, which is defined in this chapter, is the concept of restorative justice, which is then widely worked on in other parts of the thesis. In the second chapter, the diploma thesis deals specifically with the sentence of house arrest, when this topic opens the issue of the crisis of unconditional imprisonment, which is of great importance for the future application of alternative measures. The next step in the second chapter is to describe the history of house arrest, both abroad and specifically in the Czech Republic. The following is a definition of the essence of the house arrest sentence itself and the legal conditions for imposing a house arrest sentence. A related topic is the execution of house arrest, for which a separate chapter has been set. In the chapter,...
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Unconditional imprisonment
Gistrová, Jolana ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
1 Unconditional imprisonment Abstract This diploma thesis deals with the issue of unconditional imprisonment, which is the most severe punishment of all criminal sanctions, because it represents the most serious interference with the offender's fundamental rights and freedoms and also a universal punishment because it can be imposed for every crime contained in a special part of the Criminal Code. At the same time, unconditional imprisonment is an ultima ratio and should be imposed in cases where the imposition of a less severe criminal sanction is not sufficient. The purpose of serving a custodial sentence is to reduce the likelihood of recidivism and to encourage convicts to lead a self-sufficient life in accordance with the law after release. The aim of this work is to provide a comprehensive summary of the issue of unconditional imprisonment and to map and critically analyze the current state of Czech prisons. The work is divided into six chapters. The first chapter deals with the definition of the concept and purpose of unconditional imprisonment. The second chapter is then focused on the legal regulation of this punishment. The third chapter discusses the general principles of imposing criminal sanctions, the rules for imposing an unconditional sentence of imprisonment and, last but not least, the...
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Terrorism in criminal law in the context of evolution of Czech legislation since 1918
Hrkal, Filip ; Kopečný, Zdeněk (advisor) ; Galovcová, Ingrid (referee)
1 Terrorism in criminal law in the context of evolution of Czech legislation since 1918 Abstract This document covers the evolution of antiterrorist legislation and related legislation since 1918 on the territory of Czechoslovakia. To start with, the concept of terrorism is defined in the introduction in order to set up the wider issue that is covered in the remainder of the text. Four key moments in history that correspond to the definition of terrorism with the relevant law regulations applied have been chosen for the analysis. The aim is to demonstrate readiness of the institutions to address this specific area of criminal justice in their time. At the same time, this paper illustrates the ever changing understanding and terminology related to the crimes, depending on the context and subject that might be adjudicating. The first event is the assassination of finance minister Alois Rasin during the era of the First Czechoslovac Republic. His politically motivated killing is firstly analysed on the basis of ruling of the State Court in the light of criminal law of the time. Follows an analysis from the point of view of the contemporary legal norms. Similar analytical approach is applied in the cases of assassination of Deputy/Acting Reich- Protector of Bohemia and Moravia Reinhard Heydrich during World War...
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The Issue of Pre-trial Detention in Criminal Procedure
Prokůpek, Jan ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
The Issue of Pre-trial Detention in Criminal Procedure This thesis deals with the topic of the institute of pre-trial Detention. Personal freedom is a fundamental human right, but it is not unlimited. It is the detention that significantly affects this right. Both in the case of legislative process and in the application of legal instruments, it is necessary to insist on the greatest possible emphasis on the rights of persons against whom criminal procedure is being conducted. The thesis is divided into eight chapters. The first chapter describes the general features of detention, especially the concept of detention, the conditions under which detention can be applied and the principles influencing the detention. The second chapter deals with the international and constitutional legal framework of detention. Topics of presumption of innocence and limits of restriction of personal freedom. The third part is devoted to a summary of the historical development of the detention in the Czech lands from the 19th century to the present day. Chapter four is focused on material aspect of law concerning detention. The individual reasons for detention are discussed, as well as the institutes alternative to detention. Special mention is given to electronic control in cases where the detention was replaced by...
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Wiretapping and recording of telecommunication traffic
Novotná, Eliška ; Galovcová, Ingrid (advisor) ; Šelleng, Dalibor (referee)
The thesis deals with wiretapping and recording of telecommunication traffic which is an indispensable instrument for law enforcement on one side, but on the other side nevertheless it intervenes in lives of wiretapped persons in a significant way. The first chapter of thesis focuses on the area of the right to privacy because to be able to assess whether the wiretaps are realized in accordance with the legislation or not, it is essential to know from a legal point of view what falls within the privacy of individuals, which single rights involve the term right to privacy, and so which rights are protected. In the following part, the term wiretapping and recording of telecommunication traffic is explained and the amendments of legislation of this institute are summarized. On the development of the amendments of legislation it can be observed the fostering of protection of right to privacy by/over time on the development of the amendments of legislation. The next part focuses on the issue of the wiretap warrant, specifically on the procedure leading up the wiretap warrant, its compulsory content according to the criminal procedural code, the test of three-degree efficiency control of lawfulness wiretap warrant, and also the jurisdiction which is really important in this issue. The last point which...
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