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The issue of the concept of criminal custody
Votočková, Lucie ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
THE ISSUE OF THE CONCEPT OF CRIMINAL CUSTODY This diploma thesis deals with a criminal custody. This is an important part of a criminal process where there is a restriction of personal freedom based on a need to ensure people for acts of a prosecution. It is a complex issue which requires proper and sensitive legislation and as well as appropriate use in a practice. First part of this diploma thesis focuses on the term of custody. It explains the definition and an essential features. In the subchapters, principles which drive custody are specified. Differences between custody and judgment are explained. Second part of the diploma thesis concerns about question of personal freedom and custody in connection with international and constitutional law. First subchapter deals with the Charter of Fundamental Rights and Basic Freedoms which sets basic conditions for limitation of personal freedom and for detention. Next subchapter compares two important international documents: European Convention of Human Rights and International Covenant on Civil and Political Rights. These two documents have a big influence on enactment of custody in Czech Republic. Third part contents substantive enactment of custody. The conditions for arrest are presented. Farther the reasons for custody and also strengthened reasons...
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Custody in criminal trial
Chovancová, Olga ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This rigorous thesis creates a complex picture of custody, which is considered as one of the custodial instruments in the criminal law. The thesis contains constitutional basics of custody, characteristics of material and formal custodial law and is especially focused on explanation of concept of custody, characteristic principles of legal regulations, conditions necessary for taking accused into custody, custodial reasons, resolution making, judicial review of custody and determination of maximal duration of custody. Futhermore it also reports about instruments which are capable to substitute custody with measures not connected with constraint of individual liberty. The thesis is based on analysis of legal enactments and judicature.
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Divorce and its circumstances
Kšádová, Kristýna ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
The main topic of my bachelor thesis is divorce and its circumstances. I have devided it in two parts, such as theoretical and practical parts. In the first theoretical part I describe meaning of marriage, divorce, major reasons of divorces and theirs consequences. In the second practical part I am focusing on particular case of divorce in which I will compare foundations documented in the theoretical part with the reality. The main aim of this work is to realise wheter is there any resemblance between the concrete case and theory and if the divorce of parents affected their childrens.
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Divorce and its circumstances
Filipová, Kateřina ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
The main topic of this work is divorce and its circumstances. It is divided into two parts, theoretical and practical. The first part deals with divorce, describes its history, and identifies the most common causes and consequences associated with it. The second part examines specific divorce proceedings, which are based on the theoretical foundations of documented experience. The main objective of this work is to answer the question of how divorce affects our society, namely children.
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Criteria influencing the selection of leisure activities for convicts in Prison Plzeň
FOLDOVÁ, Linda
This thesis is aimed at the criteria influencing the choice of leisure activities for Plzeň Prison convicted. Is there a correlation between the selection of the type of leisure activities and the type of crime for which the accused was convicted? If so what and why? The theoretical part describes the historical development of the Czech Prison and history of Plzeň Prison and development of leisure activities. It also describes the possible psychosocial factors influencing the selection of these activities. The second practical part of this thesis contains a survey of prisoners Pilsen and its results. The survey was compiled on the basis of the theoretical part of this thesis and related information from the bachelor thesis. The themes of interviews were: social life - facilities, leisure time spent with family and friends, aspects affecting their free time and leisure activities in Plzeň Prison in certain sections. The main objective of the survey was to find out if there is the relationship (correlation) between the selection of leisure activities and crime for which they are placed in prison. In total were interviewed twenty Sentenced Prisoners in Plzeň Prison.) The results of this research are as follows. There wasn't find any correlation between the selection of leisure activity and type of crime. This means according this research we cannot say that convicted person for property crimes prefers educational/soft activities and sentenced for violent crimes sport. But in the details, we can find some specific patterns in selection of leisure activities
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The living conditions of children staying with their mothers in jails.
VOPÁLENSKÁ, Jana
The theoretical part of this bachelor project, whose topic is "The life conditions of children placed in mothers with children prisons, contains chapters about punishment, imprisonment, women's prisons exceptionalities." The aim of this work is to look at the prison's environment in Světlá nad Sázavou and to present the results of qualitative examination implemented just in that environment. Those results have been found out through the dialogues with sentenced mothers and prison service employees (psychologist, educator). Furthermore found out through non-structured observation. The research examination wants to answer folowing questions: What are the life conditions of children placed in mothers with children prisons like? What is the convicted mothers' view of their children's care, upbringing and education themselves? What is the prison service employees' view of sentenced mothers' care of their children? The results show the lack of outer motivation which influence the children in prison and unsatisfying psychic needs. The uncompromising priority seems to be material conditions and children's dependency on mothers. The research indicates that prisons are unable to provide such background, which a child gets at home in family environment. Mothers must realize that they have been confinemented.
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Free time activities of accused persons and prisoners in the Prison Pilsen
FOLDOVÁ, Linda
This thesis deals with free time activities within the treatment programme in Prison Pilsen. The theoretical part describes and presents free time activities in accordance with the treatment programme in the Czech prison service and then in Prison Pilsen. Hereinafter it describes professionals working with offenders in custody and imprisonment. On the basis of findings from the theoretical part there were carried out interviews with prisoners on leisure activities in the treatment program in the second part. It has been researched the contribution of this programme to the accused or convicted and the reason of doing it. It has been realized ten interviews with offenders in custody and imprisonment in Prison Plzen. The research brings three most common reasons for participation in leisure activities. These reasons are: quickly running out of time, maintaining physical and mental condition, change. This finding shows that leisure activities are beginning to take a different direction than it would have throughout the treatment program should take. Remediation is not impossible,but in addition to economic reasons, the major role is desire and conviction about the possibility of remedy.
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Judges? attitude toward the project People replacing the walls
VESELÁ, Kateřina
The diploma thesis titled Judges? attitude toward the project ?People replacing the walls? is mainly concerning juvenile delinquency ending in custody, its alternatives, and it also introduces German company?s project EJF Lazarus, that could become another effective alternation of the custody institution also in the Czech Republic. The goal of the diploma thesis is to make a survey of the judges? attitude toward juvenile delinquency that ends in custody. The thesis is also aimed to find out more about awareness of Czech judges who work mainly on juvenile justice of the project of the German company EJF Lazarus Menschen statt Mauern/People replacing the walls, as well as to make a survey of attitudes that judges have toward the project and if they would appreciate foundation of similar institution in the Czech Republic. There was used qualitative research in the diploma thesis. To collect the data there were used the interview method and the technique of semi-structured interview. The research group consisted of 10 judges (5 females and 5 males) who were engaged in justice concerning matters of juveniles at the county and region courts in Prague, Central, and South Bohemia. The goals of the thesis were accomplished. Investigation results showed that judges? awareness of the project ?People replacing the walls? is minimal. After the judges had learnt more about the key idea and contents of the project, they rated it positively unlike present modification of custody institution for young offenders. The diploma thesis is concerning also alternative arrangements replacing the custody that also have their imperfections. The implementation of Czech version of the project ?People replacing the walls? could help to remove some of these shortages. The contribution of the thesis lies in the survey that provides the view of judges? opinion on juvenile delinquency ending in custody and on the project People replacing the walls. The diploma thesis also helps to enlarge it. To implement the Czech version of the project People replacing the walls, I would recommend carrying on with informing the judges about the project. Additionally, I would recommend finding out what attitudes toward the project keep various educational institutions and determining what are the conditions under which would be possible to implement the philosophy of the project People replacing the walls in there.
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Imprisonment of minor offenders
VÁVROVÁ, Kateřina
Youth criminality is a constant problem which a number of specialists, legislative bodies, and the whole public deal with. A number of negative phenomenons occurring in the area of this population, e.g. spreading of drugs among younger and younger age groups and related increase of criminality undoubtedly play a leading role. However, it is known that bare repression is ineffective and means of educational activities are much more effective. Occurrence of social pathological phenomenons, their dynamics and changes are an indivisible part of the society. Grounds enabling occurrence of these phenomenons change very little. Heritability, constitutional factors, family, school, peer pressure, inappropriate spending free time as well as media influence and ethnical origin have an impact. Responsibility of the youth for unlawful acts is laid down by the Act No. 218/2003 Coll., on the Liability of Youth for Unlawful Acts and on Justice in Matters of Youth and Amending Certain Acts (Act on Justice in Matters of Youth). The purpose of the Act is defined particularly from the view of prevention of unlawful activities of the youth that is a basic group to which the attention of the whole justice and society is to be paid, so that every member of this group who committed an illegal act, no matter he is a juvenile or a child younger than fifteen years, is treated in accordance with this Act, he contributes to rectifying the injury resulting from the unlawful act within his strengths and abilities, a convenient and appropriate measure is imposed on him, and he finds a social asserting corresponding to his abilities and intellectual and moral development as a definitive result. Preventive activities aimed against youth criminality always and in the whole scope require respecting basic children rights and rights for privacy of their family. Children rights must be observed from primary to tertiary prevention, from searching threatened children and their families to treatment of guilty children. The most significant tool of social prevention is education of children in families and education of children at school. The aim of the thesis was to find out grounds leading to custodial detention of a juvenile offender and to find indications which could help to positively or negatively affect educational impact on the juvenile in the prison.
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