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The Issues of Exceptional Punishment
Frantíková, Daniela ; Tlapák Navrátilová, Jana (advisor) ; Vokoun, Rudolf (referee)
THE ISSUES OF EXCEPTIONAL PUNISHMENT Abstract This diploma thesis deals with comprehensive assessment of the issues of exceptional punishment. The introductory part focuses on the historical development of the form of exceptional punishment in the Czech Republic, from the death penalty, which was for a long time a universal punishment, through its transformation into an exceptional punishment, to its abolition and replacement by life imprisonment. The thesis follows the definition of the concept and purpose of punishment with a detailed description and evaluation of the current legal regulation of exceptional punishment, including the conditions for imposing both forms of this sentence, which are imprisonment for over 20 to 30 years and life imprisonment. The case-law of the Supreme Court, which has explained further the conditions for imposing it, is discussed. Also related criminal law institutions, such as parole or appeals, are explained and how they specifically relate to life sentence. Furthermore, the thesis focuses on the execution of exceptional sentence. Statistics on convicted prisoners, the legal regulation of the execution of exceptional punishment and trestment programmes in prisons are presented. The thesis puts emphasis on the psychological and social effects that imprisonment has on...
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Unconditional imprisonment
Hrtko, Igor ; Tlapák Navrátilová, Jana (advisor) ; Vokoun, Rudolf (referee)
Unconditional imprisonment Abstract This diploma thesis deals with unconditional imprisonment, a topic that has been discussed in the field of criminal law for a long time. Unconditional imprisonment represents the most serious interference with human rights and freedoms that can be legally imposed in the Czech legal sphere. At the same time unconditional imprisonment has a subsidiary nature, which means it can only be imposed as a punishment of last resort. As it is shown in practice, unconditional imprisonment is imposed very often in the Czech Republic, therefore the goal of this thesis is to provide a comprehensive summary of the given issue, including the identification of its problems alongside with providing suggestions of possible solutions. The thesis is divided into five chapters, which gradually in complex fashion analyze the concept of unconditional imprisonment from both theoretical and practical point of view with the goal of providing a complete overview of the given issue. Theoretical basis of unconditional imprisonment is explained at the beginning of the thesis. That includes explanation of the term itself, its history, and the theories of punishment. Later in the thesis, the legislation regarding unconditional imprisonment is analyzed, which includes the domestic legislation as well as...
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The Issue of Pre-trial Detention in Criminal Procedure
Spourová, Dominika ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
The Issue of Pre-trial Detention in Criminal Procedure This thesis deals with the topic of pre-trial Detention. The main focus is on the analysis of the interference with the rights to personal freedom of a person. This procedural institution restricts the freedom of a person who has not yet been found guilty; therefore, when implementing it, the principle of ultima ratio must be carefully observed. However, this fundamental requirement is not always respected, which is why this thesis seeks to provide a perspective on the issue of detention not only in terms of legal regulation but also in terms of application practice. The work is divided into eight chapters. Taking into account the long tradition of the link in the territory of the present Czech Republic, the first chapter summarizes the historical development essential for putting the whole issue into context. The most important part of this chapter is devoted to the period from 1950 to the present. The second chapter describes the general features of pre-trial detention, especially conditions and principles under which can be pre-trial detention applied, focusing on the principle of the presumption of innocence and the limits of the restriction of personal liberty. In order for an accused to be lawfully detained, the material conditions of...
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Indirect perpetration
Kišari, David ; Hořák, Jaromír (advisor) ; Tlapák Navrátilová, Jana (referee)
Indirect perpetration Abstract This thesis deals with the institute of indirect perpetration, mainly focusing on the Czech substantive regulation of this institute of criminal law. The aim of this thesis is to provide a detailed interpretation of the concept of indirect perpetration not only in the context of the current legislation, but also in the historical context. Emphasis is also placed on the analysis of problematic aspects of indirect perpetration, as well as comparison with other important institutes of criminal law. The thesis is divided into four chapters. The first chapter deals with a historical perspective on indirect perpetration, and for this purpose the chapter is divided according to the effectiveness of past criminal codes. Within this chapter, the views and perspectives of the criminal law theorists of the time on the institute of indirect perpetration are thoroughly described and then compared, as these views often differed in many aspects. Attention is also paid to the background of the adoption of the new Criminal Code, and the related issue of incorporating the examined institute of indirect perpetration directly into the text of the law. The second chapter is devoted to the perpetrator of the offence and to the conditions of his criminal liability. This part of the thesis is also...
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Punishment of house arrest, its execution and control
Šarman, Dominik ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
The punishment of house arrest, its execution and control Abstract The thesis deals with the punishment of house arrest and topics closely related to it, especially its execution and control. The thesis elaborates on the findings of the relevant literature, namely textbook, commentary and monographic literature, and draws on scholarly articles that are an important source of information for this topic. There is also an analysis of available case law and statistical data. The thesis also widely uses internet sources. The thesis attempts to provide a comprehensive treatment of the topic by introducing the issue of punishment, followed by a detailed treatment of the legal regulation of all relevant phases of the imposition and execution of house arrest in the Czech Republic. Throughout the thesis, the author tries to present the pros of this punishment, analyses the shortcomings and facts that hinder the wider use of the punishment in the Czech Republic and reflects on its future direction. The thesis is divided into seven chapters, which proceed from the theoretical basis to the legal treatment of the institute itself and then deal with the execution and control of the execution of the sentence of house arrest, as well as other related issues. The introductory chapters offer an insight into the issue of...
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Protection against corruption and bribery and their prevention
Faltusová, Eva ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
PROTECTION AGAINST CORRUPTION AND BRIBERY AND THEIR PREVENTION The purpose of this thesis is to analyse the phenomenon of corruption and to describe the relevant legislation, which either states the illegality of the matter or is important as a part of the actions taken against corruption. The main reason why the author has chosen this topic is possibly the frustration about the strong corruption climate in the Czech Republic and also the fear that the country is - concerning this issue - not moving forward at all. The motive was to find out the reasons of this situation and to analyse whether the legislation covering this area is sufficient. This work consists of an introduction, three chapters, each of them dealing with different aspects of the topic, and the conclusion. In the introduction, the author describes the reasons for choosing the topic and summarises the content of the thesis. The purpose of the first chapter, which consists of four parts, is a description of the term "corruption". It gives a number of definitions and tries to further explain the meaning by presenting different types of corruption. The third part states the origins of the phenomenon and the fourth part describes the ways to measure it. The chapter two is focused on the occurrence of corruption within the Czech...
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Structure and Development of Criminality in the Administrative Regions of the Czech Republic
Bejbl, Martin ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis is focused on the structure and development of crime in the single administrative regions of the Czech Republic over the period from year 2000 when these new administrative units were established until year 2012. The main aim of the thesis is to map and describe the structure and development of crime in the different parts of the Czech Republic, the profile of typical offenders and crime typical for the given region and last but not least the detection rate of crime committed in the analyzed areas. The text also explains the key terms such as criminology and crime and its structure and development and presents the main sources of data used for the hereabove described analysis. The difference between latent and registered crime is also discussed therein.
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The crime of habitual drunkenness under s. 360 of the Criminal Code
Kárász, Martin ; Tlapák Navrátilová, Jana (advisor) ; Gřivna, Tomáš (referee)
The subject matter of this thesis is a crime of habitual drunkenness under s. 360 of the Act No. 40/2009 - Criminal Code. The offense of drunkenness is atypical one among other offenses and unique in many ways. The aim of this work is to intelligibly and comprehensively describe the issue of the crime of drunkenness and aspects associated with it. The thesis is divided into five chapters. The first chapter is devoted to the possible starting points and concepts. There are three basic approaches on the issue of the crime of drunkenness and four more which are based on the concept of so-called rauschdelikt. The second chapter examines the historical development of this issue in our country. There were different regimes over time and each of them approached resolved legal issues differently. For proper grasp and understanding of the current legal situation it is therefore necessary to look back in history. This chapter overviews the most important legislation, case law, and it also contains comparison of historical development with the present one, amended with regard to the development of the institute of insanity. Chapter three is the basis of this work. It consists of a detailed analysis of current legislation and careful analysis of the elements contained in s. 360 of the Criminal Code, then again...
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The issue of life imprisonment
Andrlíková, Naděžda ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The aim of my thesis is to analyze the issue of life imprisonment. This punishment is in the recently legal order of the Czech Republic the strictest punishment, which is imposed only for the most serious crimes. It is the punishment, which replaced the death penalty in many countries of the world. The goal of my research is to find the answer to question, if the life imprisonment is a convenient punishment for the worst cases of enormity. My thesis deals not only with the law aspects of this problem, but also discusses the sociological, psychological, moral and economical implications too. The thesis is composed of twelve chapters, each of them dealing with different aspects of the issue of life imprisonment. The brief introduction is followed by the chapter about the conception and purpose of the punishment. Chapter Three discusses the problem, if life imprisonment is a sufficient alternative to the cancelled death penalty. After that follows the inevitable chapter about the historical excursion. Next part of my thesis concentrates on the position of life sentence in the system of criminal law in the Czech Republic. The main law aspects of life imprisonment, which are the crux of this thesis, are drawn in chapters Six, Seven and Eight. Here you can find the material and procedural conditions, in...
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House Arrest Punishment, Its Execution and Control
Sommer, Ivo ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
House Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and Controlontrolontrolontrol House arrest is one of the new types of sentences brought by the new penal code, which came into force in 2010. This thesis should give a brief view on the matter of imposing, executing and control of the house arrest sentence in the Czech Republic. House arrest is a type of sentence when offender serves his sentence at home instead of prison. He or she must stay at home at night from 22.00 till 5.00 or in time determined by court and all the weekends and public holidays. It means that the sentenced person is able to perform his job or studies and take care of his/her family. Other reason for enacting the house arrest sentence is that the convicted person is not affected by the prison environment, which makes his return to normal life difficult or even impossible. Very important is also the financial matter of the sentence, because compared to imprisonment, the house arrest should save more than 2/3 of expenses. A court may impose house arrest when the criminal offence is punishable by the prison sentence in maximum duration of 5 years. The offender's explicit consent with the imposing of this sentence and other...
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