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House Arrest Punishment, Its Execution and Control
Bolek, Matěj ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
Resumé House arrest punishment, its execution and control House arrest punishment became a part of the Czech criminal law in 2010. Even though it is possible to impose this punishment for several years, it is not so commonly used. Judges and public prosecutors are still not convinced about its efficiency due to insufficient control. In my thesis I am dealing with particular provisions concerning house arrest, conditions for which the punishment might be imposed and with possible mechanism of its control. The first chapter is about the punishment theory. It is worth mentioning because the definition of this concept is important for deep understanding of the issue. I define the main characters of the restorative justice in followed chapter. This concept has influenced the alternatives punishments into which house arrest comprises. In the following chapters I am dealing with particular provisions of the house arrest, focusing on the conditions of imposition. This criminal sanction can be imposed for misdemeanour in duration not exceeding two years. Consent of the convicted person is one of the essential conditions. It reflects the will to carry out the punishment duly under the terms imposed by a court. Execution of the house arrest consisting of the obligation to stay in a certain dwelling for a period...
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Community service punishment and its enforcement
Vitásková, Lenka ; Herczeg, Jiří (advisor) ; Vanduchová, Marie (referee)
The title of the thesis is "The Community Service Punishment and the Execution Thereof". It analyses the alternative community service punishment not only as governed by Czech legal system, but also as covered by legal regulation of this type of punishment in other states. The thesis further describes the relation of the community service punishment to other forms of alternative punishment which are applicable under the Czech legal system and its significance therein. It also covers the topic of the community service punishment according to the doctrine of restorative justice. The thesis includes a brief history of the community service punishment regulation since the middle ages up to nowadays. The goal of the thesis consists in thorough study of the substantive and procedural regulation of the community service punishment not only as set forth by the new Criminal Code and the Criminal Procedure Code, but also as set forth by implementing laws, like e.g. the Probation and Mediation Service Law. The thesis further analyses the execution of the community service punishment as seen from the point of view of all respective actors involved. The thesis comprises eleven chapters. One of the main chapters deals with the de lege ferenda consideration. In cooperation with a Probation and Mediation Service...
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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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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
Knotková, Jana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The thesis is devoted to the issues of alternative punishments, this means punishments replacing unconditional sentence of imprisonment in the Czech Republic. It is divided into two parts, the introduction and the conclusion. The first part discusses the theoretical concept of punishment; the basic theories of punishment are mentioned briefly. It deals especially with the functions of punishment, as defined by the famous Czech penologist Oto Novotny in his monograph About Punishment and Prison system. Novotny identifies 8 basic functions of punishment, which cannot be strictly separated in his interpretation and that form mutually linked complex, which leads to the only target - protecting society from crime. The second part, which can be considered centre of gravity of this thesis, describes the regulation of alternative punishments in the Czech legal order. The explanation is selectively focused on the conditional sentence of imprisonment, also on the conditional sentence of imprisonment with supervision, community service order, fine punishment, house arrest and a ban on attending sports, cultural and other social events. Equally important is the discussion of the Probation and Mediation Service, its anchorage in the Czech legal order and the rights and obligations of the Probation and Mediation...
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Probation and its Elements in the Czech Legal System
Neubertová, Kateřina ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
At present, number of developed countries seeking alternatives to punish the perpetrators. As an alternative to unconditional sentence of imprisonment is called probation and this institute is a central issue this rigorous work. Regularization of probation can be found in Act No. 257/2000, Coll. the Probation and Mediation Service, as amended. The performance of probation is authorized Probation and Mediation Service, respectively their individual centers. This rigorous work is divided into two parts, namely the theoretical and practical. The theoretical part includes the interpretation of terms associated with probation and its performance, a description of the Probation and Mediation Service, an analysis of existing legislation with regard to the institutions in which it is applied, and description probation activities in Great Britain. In the practical part of the study was used knowledge and information that I gained during visits the Probation and Mediation Service in Rokycany.
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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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House arrest as an instrument of penal policy
Králová, Lucie ; Cejp, Martin (advisor) ; Vávra, Martin (referee)
This thesis, dealing with "House arrest as an instrument of penal policy", reflects problems of ineffective system, increasing the number of prison sentences imposed, exceeding prison capacities and consequential violation of fundamental human rights. In response to improperly configured system of penal policy, in 2010 a new Act no. 40/2009 Coll., The Penal Code was implemented, introducing new institute of house arrest to the Czech justice system. Philosophy of house arrest is in punishing the perpetrator, while maintaining positive relationships that would be otherwise disrupted by his imprisonment. Presented thesis evaluates the implementation of the punishment, reflects benefits, disadvantages and actual barriers in its successful implementation, using expert interviews.
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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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The alternatives to unconditional sentence of imprisonment
Sejpková, Marie ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
The alternatives to unconditional sentence of imprisonment Abstract This thesis focuses on the alternatives to unconditional sentence of imprisonment. The introductory part includes chapters dealing with the concept of punishment, the concept of restorative justice and the activities of the Probation and Mediation Service. Furthermore, there are separate chapters in this part, which deal with the system of alternative measures, alternative sanctions, the development of alternative measures in legislation. In relation to the purpose of the work is mentioned briefly the issue of unconditional sentence of imprisonment. The main part of the thesis deals with selected alternative sanctions, namely conditional sentence, conditional sentence with supervision, house arrest, a sentence of community service, financial penalty and prohibition to enter the sport, cultural and other social events. The individual chapters deal in more detail with a specific alternative sanction in terms of its legal regulation and subsequent execution and implementation in practice. Both the advantages and disadvantages they face are discussed in detail and de lege ferenda addressed. key words: alternative measures, alternative sanction, restorative justice
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