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House Arrest Punishment, Its Execution and Control
Huderová, Eva ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
House arrest came into Czech criminal law with the adoption of the new Criminal Code 1st of January 2010. House arrest was expected to be used as the most stringent alternative to the sanction of imprisonment in cases where there is no need for a significant intervention into the life of the offender, but at the same time there is a need for more severe penalty than the usage of other alternative punishments. The thesis is divided into five chapters. Chapter one is solely devoted to concept and aim of punishment. Chapter two deals with alternatives punishments, demarcation of unconditional sentence of imprisonment to alternatives punishments and restorative justice. Chapter three focuses on the house arrest and its position in the Czech criminal law system. First part of this chapter illustrates the position and importance of house arrest in Czech criminal law system, furthermore the most important terms are also described there. Final passages of chapter three discussed in detail the conditions for the imposition of house arrest and the manner of its exercise. Chapter four is focused on an electronic control system of house arrest. This issue is currently heavily discussed in the Czech Republic as we are in the final stage of preparations that should lead to the implementation of the electronic control...
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Alternatives to unconditional of imprisonment
Hrušáková, Denisa ; Říha, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis discusses the alternatives to unsuspected sentence of imprisonment, as only they can in the long run solve an acute and currently very topical problem of the prison overcrowding. The aim of this thesis was firstly the theoretical definition of alternatives to unsuspected sentence of imprisonment with regard to the Czech legislation and, secondly, an analysis of alternatives that Czech law provides. The introductory part focuses on the importance of alternative punishments in the system of sanctioning institutions. The thesis is divided into two main chapters with regard to the two objectives it focuses on. The first chapter, dealing with the definition of "alternatives to unconditional sentence of imprisonment", is divided into four subchapters. The first subchapter, on the background of the current concept of alternatives available in the Czech doctrinal environment, seeks a theoretical definition through the criteria on the basis of which it is possible to consider a specific institute as such an alternative. The second subchapter explains the preference for alternatives to unsuspended sentence of imprisonment. The third subchapter is devoted to the development of Czech criminal policy towards alternative punishments. Subsequently, in the fourth subchapter, the author explains contemporary...
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House Arrest Punishment, Its Execution and Control
Fialková, Jana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
House Arrest Punishment, Its Enforcement and Control According to the new Criminal Code the house arrest sentence has been introduced into the Czech legal order. The repeated incorporation of this institute into our legal order represents a reaction to the situation in our society - the so called crises of the custodial prison sentence. The causes of introducing of this punishment are e.g. the intention to ease the conditions in overcrowded prisons, to save substantial amounts of money, and last but not least, to maintain positive family and work relationships of the convict. House arrest belongs among alternative sentences, i.e. punishments not connected with confining somebody into prison, which nevertheless enable to reach the purpose of the punishment equally as imposing custodial prison sentence. House arrest represents the most severe alternative sentence, which is obvious from its inserting into the provision of § 52 Criminal Code right after imprisonment. House arrest occurs in two basic types, which are the programs called ,,Back-end" a ,,Front-end". Further we distinguish between house arrest forms connected with electronic monitoring and forms without it. From July 1, 2012 to November 30, 2012 "Experimental Electronic Monitoring of the Convicted Persons" took place, the results of which clearly...
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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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Alternative Punishments
Lichnovský, Vladimír ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The thesis is divided into nine chapters mapping the structure of alternative punishments currently existing in the Czech criminal law. The beginning of the paper covers the groundwork of the thesis, i.e. the explanation of the concept of punishment and its purpose. Immediately afterwards follows the outline of the concept of restorative justice, which represents an ideological foundation for the alternatives to the prison sentence, as it carries significant benefits that stem from the different outlook on the very essence of crime. An important role in advancing the principles of restorative justice is played by Probation and Mediation Service. The chapter details specific tasks of probation officers with regard to probation and mediation as well as changes that took place as the new Criminal Code came into effect. Following chapters are devoted to the history of alternative punishments in the country, starting with the adoption of The General Code on Crime and Punishment by Joseph II and ending with the current Criminal Code, as well as to the influence of international bodies on the development of this branch of criminal law, specifically the United Nations, the Council of Europe and partially the European Union. The last section contains the comparison of the regulation of alternative...
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Home arrest in the first year of the effectiveness of the new Criminal Code. First experience of the application practice, compared with the treatment and practice in Germany
Krchňavá, Zuzana ; Válková, Helena (advisor) ; Hulmáková, Jana (referee)
This thesis deals with home arrest, its legal regulation in the new Criminal Code of the Czech Republic and its application practice in the first year of effectiveness, taking into account the amendment of this regulation in the second year of effectiveness and at the same time providing a comparison with the treatment and practice in Germany. For a better understanding of the topic, the thesis introduces at the beginning the new division of criminal offences according to their seriousness and the system of sanctions brought up by the new Criminal Code. The thesis then deals with home arrest as a new alternative punishment; the aim of alternative punishments is outlined and the historical regulations on the home arrest are stated there for the sake of interest. The main part of this thesis is represented by chapters dealing with legal regulations on home arrest and its execution, taking into account the recent amendment of this law. After that, the thesis deals in detail with controlling the home arrest execution by the Czech Probation and Mediation Service workers and with shortcomings of the controlling resulting from the missing electronic monitoring. In the following part, treatment and practice of home arrest in Germany is described as compared to the legal regulations in the Czech Republic....
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House Arrest Punishment, Its Execution and Control
Matějková, Martina ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The purpose of this thesis is to analyse the legal issues of the sentence of house arrest. The author deals with the importance of house arrest for restorative justice, the role of this sentence among alternative sanctions to imprisonment and the legislation in the Czech Republic in her thesis. She also focuses on the history of house arrest, experience from abroad and the advantages and disadvantages of this punishment. Part of the work is devoted to the Probation and Mediation Service and Electronic monitoring.
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House Arrest , Its Execution and Control
Budinská, Jana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The diploma thesis analyses a new alternative sentence - house arrest, which was implemented to the Czech legislation by the new Criminal Code effective from January 1, 2010. Chapter One introduces the reader to the concept of punishment and the idea of restorative justice as the basis of alternative sentences. Chapter Two focuses on the history of house arrest including the beginnings of electronic monitoring. Chapters Three to Five are the most significant parts of the thesis because they provide the analysis of substantive and procedural regulation of house arrest punishment and its execution. The author highlights potential problems and tries to make recommendations de lege ferenda. Chapter Six describes the control process of house arrest enforcement provided by Probation and Mediation Service and the electronic monitoring systems available in the world. In the last chapter the author shows the experience of some European countries with the house arrest punishment and especially with the implementation of electronic monitoring which could be inspiration for the Czech Republic.
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House Arrest Punishment, Its Execution and Control
Grenar, Tomáš ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The aim of this thesis is to analyse the house arrest punishment as one of the alternatives to the imprisonment and to map the contribution of this punishment for the Czech criminal law. This thesis offers a short view in to history of this punishment. The main part of this thesis is an analysis of substantive and procedural legal regulation and analysis of the conditions for imposition of the house arrest punishment and its execution. Space is given also to Probation and Mediation Service of Czech Republic, because it plays an important role during the imposition of the punishment and its execution. Author of the thesis focuses also on comparing advantages and disadvantages of the punishment and he tries to compare both systems of control. One chapter is given to overview several foreign legal regulations.
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Alternatives to unconditional imprisonment
Kasalová, Petra ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Resumé The study relates to the alternatives to unconditional sentence of imprisonment. The purpose of the study is to focus on the advantages and disadvantages of the alternative punishments and to discribe the application of chosen sentences in practise. The first part of my study is the introductory and defines basic terminology and institutes related to the topic. The second part looks at individual alternative punishments, coditions of their imposing and service of the sentences. The study is composed of six chapters. Chapter One explains the term punishment . It is subdivided into three parts. Part One defines the purpose of the punishment. Part Two briefly compares the absolute and the relative theory of the punishment and Part Three describes the principles of imposing the punishments. Chapter Two provides starting points of imposing the alternative punishments. This chapter consists of three parts. Part One is concerned with the restorative justice. Part Two explores the institutes of probation and mediation and Part Threee shows the advantages of the alternatives to unconditional sentence of imprisonment. Chapter Three deals with the alternative punishments. It is subdivided into four parts. Part One describes historical development of the alternative punishments. Part Two analyzes the aplication...
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