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The sahre of civil element in criminal decision making procedure
Reterová, Sylvie ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
The Share of the Civil Element in the Criminal Decision-Making Procedure Key words: civil element, Comission for Conditional Release (parole), Ministry of Justice, probation and mediation service, assessors, associate judges, criminal proceedings This paper examines the share of the civil element in the criminal decision-making procedure. The aim is to introduce and analyze the institute that has been introduced in the Czech judiciary in the mid-19th -century - the associate judge, as well as the new institute, under which civil representatives can assess applications for release on probation. It further focuses on the Ministry of Justice's intention to introduce the Parole Board, which could single handedly decide about probation in the future. The paper is divided into three chapters. The first chapter offers a historical exposé of the institute of the associate judge, devoting particular attention to the reasons which led the legislative authority to implement this civil element. The second chapter discusses the current status quo, the system, and the benefits of associate judges. Accent is placed on the legislative enactment of the share of the civil element in the criminal decision- making procedure and then on the merits and importance of their judicial participation in criminal matters. The...
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Home arrest as an alternative punishment
KOUTKOVÁ, Marcela
The theme of this thesis is house arrest as an alternative punishment. It is relatively a new kind of punishment Act No. 40/2009 Coll., criminal code, which carne in force on 1. 1. 2010. It is based on the development of restorative justice, which takes interest in the future consequences of the given sentence. Since the existence of the human society there have always been certain punishments for those who somehow disrupted the run of society by their behaviour. It´s purpose and form has changed through in the process of community development and the development of individual rights. Nowadays, the most common imposed punishment is imprisonment, which is an isolation for the perpetrators and a society protection from possible criminal activity. Alternatives to imprisonment were founded due to the fact that the mentality of today´s society supports greater humanization. There are several reason for their storing. One of the alternative punishment is the already mentioned house arrest which can include adequate measures and reasonable restrictions. The meaning of punishment is social and economical. Although the attitude to house arrest at the beginning was quite sceptical from some professionals and the public, the result of the overall rating outweigh positives. One of the components of house arrest is the electronic monitoring of convicts, which will ensure constant checks through an electronic bracelet attached to the body of the convict. Although the trial operation of electronic monitoring has been successful there are financial reasons to check the prosecution of a sentence of house arrest by employees of Probation and Mediation Service of the Czech Republic. Probation and Mediation Service of the Czech Republic is closely related with house arrest. Pursuant to Act No. 257/2000 Coll. The activity of the worker of the Probation Service starts before the court´s decision about house arrest and continues till the completion of the sentence of the convicted.
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Elimination of the Risk of Recidivism of People Conditionally Released on Parole
VALÍČKOVÁ, Světlana
Abstract The thesis titled - The possibility of eliminating the risk of recurrence of persons conditionally released from prison (the prison sentence) can illuminate current topic of criminal recidivism at a time whenmore and more discussion about prison overcrowding and the improvement of efficiency and alternative sanctions is debated in society. The theoretical part is divided into four chapters, in which I try to clarify the key issues. I explain different terms, mention the statistical data, I describe possible relapse prevention tools e.g. treatment programs or alternative sanctions. I refer to innovation tools of the criminal policy, e.g. Electronic monitoring or Probation Homes. I mention subjects dealing with prevention of criminal recidivism. The empirical part describes the research and it is divided into two chapters. To achieve its objective, I chose the strategy of qualitative research, an interrogation method and semi - structured interview technique. The first part was realized on a research sample of nine clients conditionally released from prison with a supervision of the probation officer. The second part of the research was conducted on a sample of eight probation officers from the Probation and Mediation Service (PMS) in the South Bohemia. The main goal was to map the instruments used in the context of prevention of recurrence of persons conditionally released from prison by probation officers. Results showed that the list of instruments is extremely diverse. Analysis of self - assessment, professional interview and assistance of the other organizations e.g. Labor office, police, NGOs or debt counseling are the most preferred ones. The first sub - objective was to findopinions of probation officers on implementing new instruments helping to reduce recidivism and to reveal their possible advantages and disadvantages of them. Results showed that electronic monitoring as a new tool is welcomed by probation officersand they are believed to increase efficiency of the home imprisonment sentence. The most of respondents identified the implementing of Probation Homes as useful, particularly in the area of strengthening the social functioning of the client. The second sub - objective was to describe differences in risk of recurrence from the perspective of persons conditionally released from prison to probation officers. The research results showed that probation officers and their clients have different points of view on the matter. The officers said their clients were not able to see "yourself", they had no lack of self - reflection and the ability to learn from the crime they had committed. People released from prison are the most feared of drug addictionand gambling or job loss. This thesis is supposed to bring insight into reducing the risk of recurrence issue and recently introduced tools in this field. Furthermore, to point out the difference in the view and riskassessment of recurrence between probation officers and their clients.
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THE ACTIVITIES OF PROBATION AND MEDIATION SERVICE AT THE PRACTICE OF HOME DETENTION
RAUŠER, Josef
This dissertation on topic "Activity of the Probation and mediation service of the Czech Republic within the preparation and execution of the house arrest sentence" in theoretical part acquaint with PMS activities and its cooperation with the court. As well as describes alternative sentence in the Czech Republic and in detail looks into house arrest sentence, its history, dissimilarity compare to foreign legislation and house arrest legislation in the Czech Republic. Futhermore it describes institute of the preliminary investigation and the output from this investigation which is Stand of the PMS to possibility to impose the house arrest sentence. Empirical part of this work is devote to the qualitative research, of which goal is to find out, how good are datas which goes from PMS to court and how important is this data quality for correct execution of the house arrest sentence. Alongside the work also examine, if court perceive cooperation with the PMS as required and usefull
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THE PROBATION AND MEDIATION SERVICES IN CR
VEJSLÍKOVÁ, Markéta
My thesis concerns the process and development of Probation and Mediation Service in both Czech and international context. The theoretical part firstly deals with explanation of main expressions of probation and secondly informs about its historical development. The following part explains Restorative Justice, because it is the starting point of the establisment of the institute of Probation and Mediation Service. This part also defines the idea of Restoration Justice and describes the principals, programs, importance and targets of Restoration Justice. Next part of the thesis deals with Probation and Mediation Service in both Czech and international context. It also describes the cooperation of Probation and Mediation Service with authorities and other institutions. It informs about targets and functions of this service, rights and duties of the office workers and assistants, tools and methods of Probation and Mediation Service workers. The last part of the thesis concerns probation and mediation activities. The following part shows the activities and carrying out the role of Probation and Mediation Service in practical examples to understand it clearly and easily. Casuistries 1, 2, 3 shows the activities of Probation and Mediation Service in mediation area. Casuistries 4, 5, 6 shows the activities if probation. The target of this thesis is the overall description of the function of Probation and Mediation Service with the help of bibliography and the act No. 257/2000 of the code about Probation and Mediation Service. The thesis answers the initial research question: What is the function of Probation and Mediation Service in the Czech Republic? In the research part of the thesis I chose the qualitative research strategy and document analysis for gathering the information and searching for the research question. I used the questioning method within the researched group. The questioning of the workers of Probation and Mediation Service pursued during February 2013. The questioning concerned the examined probation and mediation examples with respect to intructions regulating the procedure of the office workers and assistants PMS ČR in the area of performance of supervision over violent crimes perpetrators and the Methodic Standard PMS ČR in the areas of preliminary proceedings and criminal trial. The document analysis was created by individual mediation and probation examples. Three examples were chosen from mediation area as well as three examples were chosen from probation area. The result of the thesis concentrates on the description of the process of individual cases.The conclusion of the thesis contains the function of Probation and Mediation Service of the Czech Republic, the summary of individual cases and results and evaluation of the overall contribution of the thesis.
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Educational Measures imposed on a juvenile offender
BURCAROVÁ, Božena
In 2004, Act No. 218/2003 Coll. came into force; it is an act on the liability for unlawful acts of juveniles and on judiciary concerning juveniles and amending some laws, called in a shortened form the "Act of Judiciary Concerning Juveniles". This act significantly modified the position of juvenile offenders and there was a change in approach to juvenile offenders. The law defined many new concepts, including the concept of educational, protective and criminal measures. It determined new forms of measures imposed on juvenile offenders. The objective of the new legislation is to prevent juvenile crime through educational measures, especially through the right actions and directing their future life and thus to support and ensure their proper upbringing. This thesis entitled ?Educational Measures imposed on a juvenile offender? deals with the cooperation of institutions entering the preparatory criminal proceedings for juvenile offenders in the former district of Český Krumlov. The thesis is divided into two parts. The first section entitled "Current status" deals with theoretical knowledge. I describe the various institutions and their functions in preparatory proceedings for juvenile offenders and individual educational measures, which may be imposed on a juvenile offender during preparatory criminal proceedings. The second part is devoted to processing the results of the research. The research objective of the thesis was to find out about the effects of individual institutions on juvenile offenders and their influence in imposing educational measures in preparatory criminal proceedings. From the carried-out interviews and analysis of documents, I summed up, in the chapter entitled "Results", the process of working with young offenders in imposing educational measures in individual institutions. It can be summed up that the largest share in imposing educational measures is in the Probation and Mediation Service of the Czech Republic, the centre in Český Krumlov. The other institutions only inform young offenders on the possibility of imposing educational measures only to the extent necessary, without further educational activities. This part of the thesis also discusses a possible procedure that is, in my view, preferable in dealing with juvenile crime offenders. This thesis can serve to the individual institutions involved in criminal proceedings concerning juvenile offenders as well as the general public.
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Execution of the house arrest punishment in South Bohemain country
ZDRHOVÁ, Blanka
In connection with recodification tendencies ,many changes were made in the field of criminal law as of January 1,2012. One of the most important changes in this field was passing a new alternative punishment of house arrest. The theoretical part of the thesis mentions a purpose of the punishment and describes its role , defines current legislation of house arrest , conditions for the punishment, way of checking it . It also includes a brief look at house arrest abroad and describes activities of Probation and Mediation Service when implementing this punishment. The author describes electronic monitoring in the last chapter of theoretical part . Practical part of the thesis introduces a comprehensive overview of house arrest use in South Bohemian judicial county. The thesis was supported by available specialized literature, articles, judicature and internal methodology of Probation and Mediation Service.
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Involment of probation service in rehabilitation of offenders.
ŠKORVÁNKOVÁ, Antonie
Bachelor thesis entitled "The share of the probation and mediation services to the education of convicted" in the theoretical part describes the social and psychological aspects of the accompanying stay of inmates in custody and imprisonment, as well as types of punishment and prisons profiling. Cooperation between prisons and probation and mediation service, the impact of cooperation on individuals after release from prison. It explained the meaning and essence of fixing programs dealing with prisoners, particularly some of the educational and rehabilitative activities, such activities as work, education, special education. It also outlined the activities of a specialized department for imprisonment for juveniles, mothers with children and also programs of prisoners in these departments. The practical effect of the studied preventive benefits of completed education and training programs for rehabilitation and reintegration of prisoners into society.
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Imposing the Punishment of Community Services by the Courts of Pilsen region
ŠIDLOVÁ, Kateřina
The objective of this diploma work was to map completely the various aspects of the community service punishment using the legal regulations applicable at the time of working on this paper as compared to the adopted Penal Code that came into force on 1 January 2010. The data collection and the set hypothesis verification in the theoretical part of the paper were carried out using a quantitative research, the method of document analysis, the technique of secondary data analysis. The qualitative part of the research used the method of questioning, the technique of standardized interview. Interviews were carried out with law court staff and probation staff during April 2010. Based on these interviews, we obtained the opinions of the professional staff of the adoption of the new Penal Code, in particular with regard to the changes this new code brings to the punishment of community service. The research has shown that the imposition of the community service punishment by the law courts in the Pilsen region does not drop {--} it still remains on the level of about 19.3 % of the total number of condemned in criminal cases. According to the interviews with judges, senior law officers and probation staff it has been found out, that the new Penal Code could facilitate the feasibility of the community service punishment with regard to mandatory preliminary negotiation, lowering the upper limit of the community service punishment length and toughening the transformation of the community service punishment. Unfortunately, even a perfect legal regulation cannot guarantee a proper function of the entire system. What is essential is the cooperation of all the bodies concerned, the correct application of legal regulations and, last but not least, the attitude of the society. We hope that the paper will serve not only as instruction material but it will be possible to use it to provide information to laic as well as professional public.
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Importance of alternative punishmentins in Czech Republic
Punčochová, Tereza ; Vybíralová, Ivana (advisor) ; Krebs, Vojtěch (referee)
This bachelor thesis deals with subject of alternative punishments in the Czech Republic. It is primarily focused on punishment of the common beneficial work. The aim is to find out how the punishment works in practice in selected areas and whether the common beneficial works in the municipal office in Prague have some significance. In the introductory chapter I want to focus on general characteristics of alternative punishments. Another section is devoted to common beneficial works and their problems. In the third part I would like to introduce the institution of the Probation and Mediation Service of the Czech Republic and show it`s expectations. This institution calls for greater application of alternative punishments. In the fourth chapter I will deal with the Prague City Hall and the information that the municipality provide. These figures I will compare with the data provided by the aforementioned institution.
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