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Alternatives to unconditional imprisonment
Geaney, Irene Sheila ; Hořák, Jaromír (advisor) ; Říha, Jiří (referee)
The Master's thesis provides a comprehensive analysis of possible alternatives to imprisonment. It is indisputable that incarceration is the most severe penalty that can be applied to law-breakers in the Czech Republic. To use this punitive measure in cases where it might not be appropriate would be in breach of humanitarian principles and of proportionality. For this reason, it is incumbent on states to reflect on how their correctional system might be improved. The main aim of this Master's degree thesis is to examine non- custodial sentences in the Czech Republic and briefly compare them to those in operation in other countries. It also analyses whether the Czech correctional system is satisfactory. The author explores the question of whether an improvement in this area of the penal system would result in a corresponding reduction in the prison-rate. The text focuses on house-arrest, community service orders, suspended sentences, and fines, since they are the most common non-custodial sanctions. The thesis is composed of an introduction, six chapters and a conclusion. The initial two chapters are introductory and define the basic terminology used in the text. The first chapter, which considers the concept of punishment, is subdivided into four parts. Firstly, it describes what punishment...
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Death penalty
Fuksa, Filip ; Císařová, Dagmar (advisor) ; Hořák, Jaromír (referee)
Death Penalty - Summary As the theme of my thesis, I've chosen the death penalty. The death penalty is phenomenon that accompanies mankind from the earliest time. Although the capital punishment is currently on decline and it has been abolished in many countries of the world, it is still a topic that arouses passionate debate. In the Czech Republic, the death penalty was abolished more than twenty years ago, but the majority of the population in the opinion polls calling for its renewal. Therefore I decided to mainly deal with the question of the acceptability of the death penalty, and to work with the alternatives offered by our legal system. In the introduction of my thesis I've determined the range of subtopics, which I will pursue and I have asked the questions that I had during work to answer. The whole thesis is divided into eight main chapters, which are further divided into subchapters. The first chapter is devoted to the concept and purpose of the punishment. The first subchapter deals with the concept of punishment. I summarize here the historical theories about the purpose of punishment, both retributive theory, utilitarian theory and combined theories. In the last subchapter I describe the purpose of punishment in today's Czech criminal law. The second chapter briefly describes the death...
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Alternatives to unconditional imprisonment
Horák, Petr ; Hořák, Jaromír (advisor) ; Tlapák Navrátilová, Jana (referee)
Alternatives to unconditional imprisonment Petr Horák The following thesis is concerned with alternatives to unconditional imprisonment. I have chosen this theme because I think it is very topical and frequently discussed issue not only among experts bud within the general public, too. These specific institutes of the criminal law enable quick, economical and effective solution of particular criminal cases with no need of using unconditional imprisonment. The main goal of this paper is to provide its reader with a summarizing overview about the existing alternatives in the present Czech criminal law , about their advantages and disadvantages, about the reasons which led to their implementation to our legal system and about another important related aspects. The introductory chapter of this text deals with the general issues of the purpose of sentencing and sanctions. It provides the basic information about the main principles of sentencing and the theories of sentencing which laid the foundation of contemporary system of criminal justice. The following chapter describes the beginnings of the development of alternative sentencing in Bohemia region. The restorative justice and its principals brought new ideas to criminal law during the second half of the 20th century. According to this original doctrine the...
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Alternatives to unconditional imprisonment
Vokál, Ondřej ; Hořák, Jaromír (advisor) ; Říha, Jiří (referee)
The Alternatives to Unconditional Prison Sentence Goal of this diploma thesis is to give a list of alternative punishments which are meant to be alternatives to unconditional prison sentence. These alternative forms in substantial criminal law are the forms which present specific reaction on crime and are not compound with imprisonment. First chapter contains a historical development of alternative forms of punishments. It deals with origins of penalty in law and in public life. There is mentioned a ground-breaking work of Italian philosopher Cessare Beccaria, the starting of alternatives in the second half of 19th century, theirs crisis during the Second World War and also reborn associated with a movement of restorative justice from the seventies of 20th century. Next chapter which is the main part of this diploma thesis is concerned with alternative punishments. There were chosen to be described these punishments: Suspended sentence based on suspension of imprisonment under the condition of living a proper life. Next one is house arrest which places a convict in his home in the specific time which is set in the judgement. Third alternative punishment included in my thesis is called a Compulsory work and it forces a convict to work without being entitled to a payment. Pecuniary penalty means that...
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Crime of murder and klling under Section 140 and 141 of the Czech Criminal Code
Rossmannová, Kateřina ; Hořák, Jaromír (advisor) ; Krupička, Jiří (referee)
CRIME OF MURDER AND CRIME OF MANSLAUGHTER ACCORDING TO § 140 TZ, § 141 TZ The topic of my thesis is the crime of murder (§ 140) and the crime of manslaughter (§ 141 of the Criminal Code). These are the most serious crimes directed against human life. As the topic of human life is very important for my work, the first chapter is focused on the description of the legal regulation of the protection of human life in the terms of Czech and international regulation as well as on definition of the beginning and the end of human life. In this chapter I have also included the infanticide. In the next chapter I dealt with the constituent elements of the crime of murder and manslaughter. Separately, I spoke about the object, the physical element, the subject and the mental element of these crimes. In the section discussing the object I focused on the subject of attack and on the victim, too. Under the discussion about the subject I tried to define the subject of the crime of murder. The fourth chapter is devoted to the classification of crimes of murder and manslaughter under the valid Criminal Code and to comparison of new and old conception of these crimes arising from the new and the old Criminal Codes valid in the Czech republic. The following chapter is focused on the crime of murder. In this chapter I...
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Animal protection in criminal law
Krupková, Kristýna ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
English abstract I chose theme of my Master's degree thesis because it's actual because of the situation in society and new Civil Code, which changes legal status of animal. The purpose of my thesis is to analyze legal status of animal in Czech law, particularly in criminal law. I want to think about it, if is actual legislation sufficient, about problems and propose possible solutions. The thesis is composed of nine chapters. Chapter one is devoted to animal legal status in Czech law. It is divided into four subchapters, which are deal with explanation of the concept of animal, its legal status, its protection instruments and in the last subchapter is deal with animal legal status by the new Civil Code. Chapter two is focuses on public animal protection in general. In Four subchapters I summarize animal legal status in public law, constitutional framework, legislation in administrative and criminal law. Chapter three is devoted to Act No 246/1992 Coll., on the protection of animals against cruelty. Four subchapters are deal with purpose of this Act, definition basic concepts, administrative delicts and authorities of animal protection. Chapter four is called Criminal law protection of animals. This chapter has six subchapters, and in these I am thinking of causes of "new" Criminal Code, its purposes, its...
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Criminal aspects of domestic violence
Váňová, Radka ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
Criminal aspects of domestic violence SUMMARY Domestic violence is a serious social concern with high level of latency. The domestic violence victims protection is ensured by legal standarts of Civil, Administrative and Criminal Law and other legal standarts. Criminal Law is one of the important instruments for tackling of serious forms of domestic violence. However Criminal Law is an instrument "ultima ratio" which needs claiming of subsidiarity principal of the crime repression. The purpose of my thesis is to bring a summary of the legal standarts of Criminal Substantive Law and Criminal Procedure, that are dedicated to protect the victims of domestic violence. It also provides the brief analyses of the legal standards with respect to this serious phenomenon. The emphasis is put particularly on the criminal offences maltreatment of a person living in common domestic matters, maltreatment of a person in a guardianship and stalking. From procedural point of view the thesis addresses the issue of the consent of the victim to the criminal prosecution, institute of detention and the status of victims in criminal proceedings. The thesis also makes recommendations for the legislation de lege ferenda. Chapter one outlines theoretical and practical findings of domestic violence, defines the notion and describes...
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Adequacy of penal sanction: Comparison of punishing traffic criminal offences and decumbent traffic administrative offences committed under influence of addictive substances in Czech and Slovak republic.
Mikuš, Michal ; Vanduchová, Marie (advisor) ; Hořák, Jaromír (referee)
Adequacy of penal sanction: Comparison of punishing traffic criminal offences and decumbent traffic administrative offences committed under influence of addictive substances in Czech and Slovak republic. Master's Thesis Michal Mikuš Summary. This thesis makes survey on a punishing adequacy of traffic offences committed under influence of alcohol and the other addictive substances. The theoretical basis, that knowledge is necessary prerequisite for reviewing punishing adequacy, like theories of punishment, purpose of punishment and a principle of adequacy, are in the theoretical part of the thesis. In the special part of the thesis is comparison of valid and effective law in the Czech and Slovak Republic. The practical part of the thesis is composed of an analysis of decisions delivered by the County Traffic Inspectorate Banská Bystrica, County Traffic Inspectorate Bratislava I., Banská Bystrica County Court, Bratislava I. County Court, City Hall of Zlín, City Hall of Prague, Zlín County Court and the Prague 2 Circuit Court. The analysis is composed not only of punishment adequacy review, but also of the all substantive and procedural deficiencies, that occurred in the decisions of particular state's body. At the end is provided comparison of analysis outcomes, which stemmed from decisions of national...
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The issues of juvenile criminal justice
Hájek, Filip ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
In my dissertation "Problémy trestního soudnictví ve věcech mládeže" I speak about the issues of criminality of the young and about the forms of reactions to misdemeanour caused by the young perpetrators or children. The main legal regulation in this area is the law no. 218/2003, about the judiciary in cases of the young, that contains the arrangement of the material and the procedural law. In connection to the criminal law and the penal code it is a lex specialis. In the first chapter I speak about the theoretical fundation of the law arrangement, and so about the conception of the restorative judiciary. The main idea of this conception is to favor the educational action before repression. The aim is the relationship reconsiliation between the perpetrator and the victim, the awareness of one's deeds and subsequent continuance in one's life in conformity with legal order. The theme of the second chapter is the terminology of the judiciary law in cases of the young. A different terminology was implemented in order to reduce the stigmatization of the young perpetrators, due the interest of their proper development. The third chapter represents a brief retrospect to the history of law arrangement in the area of criminality of the young. In particular, it speaks about the judiciary law among the young...
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Resocialisation of persons after serving a term of imprisonment
Míčková, Sylvie ; Hořák, Jaromír (advisor) ; Tlapák Navrátilová, Jana (referee)
Resocialisation of persons after serving a term of imprisonment Diploma thesis discusses problem of resocialisation of persons after serving a term of imprisonment. The aim of thesis is to explain a process of resocialisation of inmates during their imprisonment and after it. Thesis also attempts to answer how effective is special treatment with inmates. The main focus is given to the ways how we try to reach resocialisaton of these persons, such as treatment programmes - especially employment of prisoners and institute of conditional release from serving a prison sentence. The final part of thesis deals with post-penitentiary care and points out huge problems disallowing successful resocialisation - indebtedness and impossibility to find a job after serving a term of imprisonment.
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