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Alternatives to unconditional sentence of imprisonment and their comparison with the French legislation
Kocourková, Kristýna ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
This thesis deals with alternatives to unconditional imprisonment. Since this is a very extensive topic, I have focused only on alternative sentences in the narrower sense of the term, namely conditional conviction, conditional conviction with supervision, house arrest, community service and financial punishment. The aim of this thesis is to analyse the Czech lawful legislation of alternatives to unconditional imprisonment, to compare it with selected French alternative sentences and to propose changes de lege ferenda. The thesis consists of an introduction, five chapters and a conclusion. The first chapter deals with the concept of punishment and its purpose. At the same time, this chapter outlines a general introduction to alternative punishments in Czech and French legislation. The second chapter deals with institutes related to restorative justice, namely probation and mediation. This chapter also describes the organisation of the Probation and Mediation Service. The third chapter focuses on individual Czech alternative punishments in the narrower sense. Individual subchapters are ordered according to the systematic of law. Within each subchapter the sentence is characterized, followed by a list of conditions under which the sentence can be imposed, as well as the conditions for the execution...
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Alternatives to unconditional sentence of imprisonment
Drastich, Michal ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
My master thesis deals with the topic of alternatives to unconditional sentence of imprisonment. It is a vast topic, thus I have focused on alternative sentences in the narrower sense of the term, in other words, suspended sentence of imprisonment, suspended sentence of imprisonment with surveillance, community service, financial penalty and house arrest. The goal of this thesis is to discuss lawful legislation of alternative sentences, to evaluate their practical usage and potentially, to suggest changes de lege ferenda, which could lead to higher rate of application of these sentences. The thesis consists of an introduction, seven chapters and a conclusion, where the three initial chapters are written in general sense. The first chapter is concerned about the term and the purpose of sentence. The concept of restorative justice, which provides us another way how to react to the criminal acting, is introduced as a part of this chapter, too. The second chapter focuses on unconditional sentence of imprisonment and issues of the short-term sentence. Furthermore, the term of alternative sentence is explained, including a brief commentary on actions of international organizations in this area, namely Council of Europe and UN. The development of these sentences in the Czech republic after 1989 is...
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