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House arrest, its execution and control
Pavlíčková, Martina ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Summary: House arrest, its execution and control The aim of this thesis is to give a comprehensive summary of the institute of the house arrest, the actual legal regulation of this punishment, to summarize its advantages and disadvantages and to draw attention to the problematic issues with it related. The thesis is divided into eleven chapters, which are divided into other subchapters. The first chapter deals with the general concept of punishment, it's purpose, functions and the general system of penalties. A separate sub-chapter constitutes a imprisoment as a basic "universal" punishment. Because the house arrest is one of the alternative punishments, the second chapter deals with the general regulation of alternative punishment. Alternative punishments closely related with the restorative justice, which is described in third chapter, in particular its aims and the principles on which it is exposed. The following chapters are the core of the thesis to the actual punishment of house arrest. The fourth chapter describe the history of the house arrest and the fifth chapter describe a general information of this sentence. The sub-chapters describe the crimes for which custodial sentences may be imposed and other conditions of house arrest, in particular the obligations of convicted. The transformation of the...
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Alternative house arrest in the Czech Republic and in England and Wales
Kábrtová, Barbora ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Home detention as an alternative sanction in the Czech Republic and in England and Wales This thesis mainly aims on describing certain type of punishment generally called home detention and it's different forms that it takes within the jurisdiction of England and Wales and the Czech Republic. The main purpose of this thesis is to provide overview of those variants of home detention alongside with description of requirements that need to be fulfilled so that the home detention may be imposed. This thesis also provide description of processes of execution of home detention and description of processes that are triggered when conditions of home detention are breached in both England and Wales and the Czech Republic. Comparison of Czech and English forms of home detention shall highlight deficiencies existing mainly in Czech legislation. This thesis is divided into four main chapters that deal with various issues relating to the main topic of this thesis. Meaning of the term of punishment is explained in the first chapter of this thesis, focusing mainly on purpose and function of punishment. Punishment is also explained from the historical point of view, providing overview of evolution of punishment throughout the years and explaining the rise of alternative sanctions. Special attention is given to...
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House Arrest Punishment, Its Execution and Control
Pavlíková, Terezie ; Tlapák Navrátilová, Jana (advisor) ; Pelc, Vladimír (referee)
HOUSE ARREST, ITS EXECUTION AND CONROL The thesis gives a comprehensive overview of the institute of home detention as a new sanction incorporated into the penal system with effect from 1 January 2010. It considers certain theoretical issues regarding alternative punishments, investigates the phenomenon of alternative punishments and places home detention in its context. It aims to clarify the function of home detention as an alternative punishment, to analyse its legal status, to asses critically its practical application and to put forward some ways of addressing the problematic aspects de lege ferenda. The thesis also explains the specifics of the imposition of this sanction on young offenders. The author analyses the role of the Probation and Mediation Service in relation to home detention and cites examples of foreign experiences with this punishment from the Netherlands, Slovakia, and the United Kingdom, which constitute a source of inspiration. Special attention is paid to very topical questions regarding electronic monitoring during home detention, the introduction of electronic monitoring in the Czech Republic, its setbacks and current developments. The thesis answers the question whether the imposition of home detention is likely to reduce the numbers of people in prisons. In...
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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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House Arrest Punishment, Its Execution and Control
Krupicová, Barbora ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
House arrest punishment, its execution and control This diploma thesis deals with the complex issues related to house arrest punishment, its execution and control as one of the most controversial questions in the field of criminal law. This diploma thesis is divided into eight chapters. The first chapter focuses on clarification of general term and purpose of punishment. It discuses absolute theory, relative theory as well as theory that combines several approaches to the actual purpose of the punishment. This chapter also describes the main criminal law doctrines which are connected to punishment. The second chapter aims on restorative justice as a system of justice which is different from retributive justice when it represents approach which tries to identify alternative solutions in criminal cases. The third chapter aims on issue of alternative punishment concerning reasons for existence of alterative punishments, kinds of alterative punishments as well as secondary sanctioning. The fourth chapter concerns the actual house arrest punishment. It discusses general questions which are connected to house arrest punishment. It describes its history, legal frame of this institute as well as conversion of house arrest punishment to custodial sentence and on the other hand conversion of other punishments...
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House arrest
Kasalová, Petra ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The presented thesis deals with the alternative punishment of house arrest, which became the part of the system of criminal sanctions when the new Penal Code came into force on 1st January 2010. The purpose of this thesis is to summarize current valid and effective legislation of this institute, to describe its weaknesses, to evaluate the current judicial experience in imposing the punishment of house arrest and to suggest possible improvements of the current legislation considering the final conclusions. The introductory part of this thesis is divided into two chapters focusing on approaching the basic and the most important terms, especially the term of punishment and its purpose, alternative punishment, restorative justice and its principles. Related subjects such as criminal theory, the principles of sentencing and criminal system are explained to put the issue in a broader context and to clarify them. The first part of this thesis is concluded with the interpretations of the development of alternative punishment in our legislation and the foundations of the new codification of substantive criminal law. The second part of this thesis is focused in detail on the issue of the legislation of the punishment of house arrest. It is divided into four chapters, whose goal is a detailed analysis of...
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House Arrest Punishment, Its Execution and Control
Huderová, Eva ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
House arrest came into Czech criminal law with the adoption of the new Criminal Code 1st of January 2010. House arrest was expected to be used as the most stringent alternative to the sanction of imprisonment in cases where there is no need for a significant intervention into the life of the offender, but at the same time there is a need for more severe penalty than the usage of other alternative punishments. The thesis is divided into five chapters. Chapter one is solely devoted to concept and aim of punishment. Chapter two deals with alternatives punishments, demarcation of unconditional sentence of imprisonment to alternatives punishments and restorative justice. Chapter three focuses on the house arrest and its position in the Czech criminal law system. First part of this chapter illustrates the position and importance of house arrest in Czech criminal law system, furthermore the most important terms are also described there. Final passages of chapter three discussed in detail the conditions for the imposition of house arrest and the manner of its exercise. Chapter four is focused on an electronic control system of house arrest. This issue is currently heavily discussed in the Czech Republic as we are in the final stage of preparations that should lead to the implementation of the electronic control...
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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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Home arrest in the first year of the effectiveness of the new Criminal Code. First experience of the application practice, compared with the treatment and practice in Germany
Krchňavá, Zuzana ; Válková, Helena (advisor) ; Hulmáková, Jana (referee)
This thesis deals with home arrest, its legal regulation in the new Criminal Code of the Czech Republic and its application practice in the first year of effectiveness, taking into account the amendment of this regulation in the second year of effectiveness and at the same time providing a comparison with the treatment and practice in Germany. For a better understanding of the topic, the thesis introduces at the beginning the new division of criminal offences according to their seriousness and the system of sanctions brought up by the new Criminal Code. The thesis then deals with home arrest as a new alternative punishment; the aim of alternative punishments is outlined and the historical regulations on the home arrest are stated there for the sake of interest. The main part of this thesis is represented by chapters dealing with legal regulations on home arrest and its execution, taking into account the recent amendment of this law. After that, the thesis deals in detail with controlling the home arrest execution by the Czech Probation and Mediation Service workers and with shortcomings of the controlling resulting from the missing electronic monitoring. In the following part, treatment and practice of home arrest in Germany is described as compared to the legal regulations in the Czech Republic....
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House Arrest , Its Execution and Control
Budinská, Jana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The diploma thesis analyses a new alternative sentence - house arrest, which was implemented to the Czech legislation by the new Criminal Code effective from January 1, 2010. Chapter One introduces the reader to the concept of punishment and the idea of restorative justice as the basis of alternative sentences. Chapter Two focuses on the history of house arrest including the beginnings of electronic monitoring. Chapters Three to Five are the most significant parts of the thesis because they provide the analysis of substantive and procedural regulation of house arrest punishment and its execution. The author highlights potential problems and tries to make recommendations de lege ferenda. Chapter Six describes the control process of house arrest enforcement provided by Probation and Mediation Service and the electronic monitoring systems available in the world. In the last chapter the author shows the experience of some European countries with the house arrest punishment and especially with the implementation of electronic monitoring which could be inspiration for the Czech Republic.
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