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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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Alternative sentencing and its comparison with other European Union countries
Soukupová, Zlata ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The main aim of my thesis is to develop an analysis of current legislation governing alternative sentences, their possibilities and limits comparing it with other European Union countries. The thesis also examines the proposals de lege ferenda that could be used as a benchmark and a guide for future amendments to the current regulation. The notion of alternative sentencing became a global trend in the last two to three decades; this is the result of, inter alia, of continuous increase in the number of inmates, prison overcrowding and congestion of the judicial apparatus. Crescent crime and new forms of crime (especially economic) hit the Czech Republic as a former socialist country in the post-revolutionary times, very assertive. The results of studies and language experts warn against lax approach in the form of increased storage imprisonment and criminal policy tightening. There is also talk about crisis imprisonment. It is clear that an unconditional sentence of imprisonment has its benefits, such as preventive effect, in my opinion, however, the left especially serious crime offenders and recidivist behavior: "Nesit summum malum dolor, malum certe est." Instead of intramural prison environment with significant social and deviant subculture find great potential in alternative prison sentences, which are...
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Alternative Punishments
Hrbková, Miluše ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
My thesis is called The Alternative Punishments in czech criminal law. I have chosen this topic as using alternative forms of sanctions alongside with traditional punishments is a product of the last decades in our legal order and remains very actual question untill now. The crime rate is constantly rating therefor it is necessary to react on it adequally with providing a wide range of sanctions. As one of the governing principles in czech criminal law is a principle of humanity the alternative punishments take a pricipal place in our legal order. The main purpose of my thesis is to analyse and clarify the particular forms of alternative punishments. Those sanctions bring a lot of advantages for convicted in contrary to other traditional punishments as they are not issolated from society and have a chance to re-educate themselves. The alternative punishments are useful and cheaper than short-term confinement. This thesis focuses on the analysis of the actual legislation, assesses changes brought by the new criminal code and defines proposals which would imporove the legislation in future. The thesis is composed of eight chapters. First chapter is subdivided into three parts. The first part deals with the term and purpose of the punishment, the second analysis theory of punishment and the third one discusses...
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Implementation of house arresting in Czech justice system
Čáp, Peter ; Cejp, Martin (advisor) ; Diblíková, Simona (referee)
The aim of this diploma thesis is to describe and explain the main features of implementation practice of house arresting in the Czech Republic and consequently propose possible ways out in relation to subsequent (and successful) continuing of implementation procedure. In terms of theory there are reflected approaches of criminal law, criminology, penology, sociology and public policy. Within the research work, the space had been given to those participants immediately concerned and affected with house arresting agenda - judges, prosecutors, probators, ministry officers (Ministry of Justice), attorneys, watchdog organizations and experts on criminal law from academic sphere. House arresting had entered valid legal regulations in connection with new criminal law effectual since 1.1.2010. This new regulation substituted the pristine penal code. In new criminal law is significant shift of accent from tangible to formal conception of culpability. By the analysis of key participants of objective policy, identification of possible goals, adumbration of solution options is finally formulated optimal version. In terms of this version are reflected possibilities of evaluation and monitoring. Special attention is payed to identification of crucial risks and problems related to implementation practice, which...
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House Arrest Punishment, Its Execution and Control
Fiedlerová, Dana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
This thesis deals with the house arrest sanction which is one of alternatives of the unsuspended sentence of imprisonment. The author tries to summarize accessible information on the history of house arrest and electronic monitoring. The main aim of the thesis is to briefly present substantive and procedural legal regulation of the house arrest sentence in the Czech Republic. This thesis also covers other issues such as the role of the Probation and Mediation Service in the process of imposing the sanction of house arrest and in the enforcement of this sanction, advantages and disadvantages of house arrest and the outline of legal regulation of house arrest in some other states.
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The Economic Efficiency of House Arrest
Michailidis, Simon ; Babin, Jan (advisor) ; Rod, Aleš (referee)
The main purpose of this bachelor thesis is to determine whether house arrest is more economically efficient than imprisonment. House arrest was first evaluated in terms of the impact on public budgets, followed by an assessment of its overall economic efficiency. For the purposes of the analysis, the cost function of the Prison Service was estimated using the high-low method. This function made it possible to determine potential savings in the Prison Service by replacing one imprisonment with house arrest. The costs of house arrest using electronic monitoring and random checks were then calculated. The costs and potential savings are similar in amount, although significant savings in public funds by replacing imprisonment with house arrest was not demonstrated. For evaluating the overall economic efficiency, both the previous cost analyses and the conclusions of the modern economics of crime were used. In this context, house arrest is clearly more cost-efficient than imprisonment. This fact has been confirmed by the frequent use of house arrest abroad.
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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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Alternative sentences
Vacuška, Lukáš ; Žák, Květoslav (advisor) ; Grmelová, Nicole (referee)
The Bachelor's thesis deals with alternative sentences in Czech criminal law. The first part focuses on explanation of term and purpose of punishment and alternative sentences, states advantages and disadvantages of alternative sentences and overviews their application. The second part focuses on legislation of chosen kinds of alternative sentences in detail. The last part is constituted by my own research, which concerns of public awareness of alternative sentences and public opinions on them.
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Actual Problems of Saving and Imprisonment of House Arrest in České Budějovice
VOJTÍŠEK, Petr
This Bachelor?s Thesis on Actual Problems of Saving and Imprisonment of House Arrest in České Budějovice deals with the issues of home confinement. This institute has been active since 1.1.2010. The condition of its imposition is a letter of assurance from the convict that he will stay within the residence of a given address during the determined period. Thanks to this type of sentence the family, economic and other relations of the convict will remain intact as this sentence shouldn?t restrict the convict in his occupation or profession. Last but not least the government could also conserve service costs. The goal of this thesis was to research the issues of home confinement. Another part was discovering the problems associated with the imposition and carrying out of home confinement in České Budějovice and finding out how to solve these problems. To fulfill the goal of this thesis the two following questions had to be determined. The first question is aimed towards the problems accompanying the imposition and carrying out of home confinement in České Budějovice. Then it continues in finding solutions to the ascertained problems according to experts involved in this domain. The research was done in the form of a qualitative survey. The data was collected by a method of inquiry, the technique of structured conversation. The inquiry was done with ten respondents who where in some way involved with the issues of home confinement in České Budějovice. When concerning the questions of the survey the biggest problem which the respondents encountered looked to be the form of surveillance. Most of the respondents don?t believe that random inspections done by the probation officer are sufficient enough and are afraid of the obstruction of the sentence. Another problem is the housing of the convicts. Before the imposition of home confinement the conditions that may affect the imposition must be ascertained by the probation officer. Housing has been experienced to be very problematic by the respondents. The most common cases are when the owner of the residence does not agree with the sentence to be carried out. Another problem deals with the form of surveillance. It is just a mere legal adjustment. Even though it is listed in the penal code that the inspections are carried out by the Probation and Mediation Service with the help of the electronic surveillance system operator, electronic surveillance hasn?t yet been put into commission. The thesis then deals with methods of how to effectively solve or reduce these problems. For understandable reasons the motivation of the convict and his will to carry out the sentence is necessary. It?s able to respond to this problem with the legal adjustment by changing the law by introducing clear and accessible resources. In the case of the methods of surveillance it would be beneficial to establish an electronic surveillance system. This solution is backed by the respondents within the research survey and also by experts involved with home confinement in specialized literature. There is also an option of imposition of home confinement in certain cases instead of prison. Experience from abroad shows that custody in the form of home confinement isn?t a bad option. Considering the fact that custody is stricter than prison, home confinement could help secure the period before the legal decision. I assume that this thesis will help describe the institute of home confinement and will introduce readers with the positive as well as the negative sides of this institute and will provide solutions how to effectively solve these problems. Another assumption is that it will serve as research material for the expansion of the general knowledge and awareness about home confinement as well as feedback for people that are interested.
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