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A comparison of the imprisonment legislation in the Czech Republic and in the Great Britain
Vršanský, Robert ; Vokoun, Rudolf (advisor) ; Tlapák Navrátilová, Jana (referee)
A comparison of the imprisonment legislation in the Czech Republic and in the Great Britain - abstract This thesis is concerned with particular issues of unconditional imprisonment and their legal framework comparison in the Czech Republic and Great Britain. The first chapter deals with the meaning and objectives of punishment from the historical perspective and development in the world and both respective countries. The following chapter provides an explanation of these legal theories in the legislature as basic sentencing principles. Chapter three provides a legal framework of imposition of unconditional imprisonment under common rules. The following chapters cover legal framework which enables to impose a sentence over the statutory maximum or below the statutory minimum. The last chapter focuses on the final stage of imprisonment - the early release. The thesis examines the issues covered on a purely legal basis rather than sociological basis. It evaluates and compares advantages and disadvantages in both countries and endeavours to discover whether certain parts of foreign legislation are suitable for implementation into the national law.
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Selected Questions of Unconditional Sentence of Imprisonment
Šamalík, Martin ; Vanduchová, Marie (advisor) ; Hořák, Jaromír (referee)
The rigorous thesis focuses on certain issues related to the execution of unconditional imprisonment in Czech penitentiaries and detention prison centres. The objective of this thesis is to establish the extent to which the international standards of the European Prison Rules related to the execution of unconditional imprisonment are reflected in the Czech legislation, which penitentiaries in the Czech Republic achieve the highest values as regards the number of prisoners, and whether the issue of their overcrowding was solved by the amnesty of the former President Václav Klaus in January 2013. Furthermore, the thesis aims to outline the previous development of the employment level of convicted people, to identify the most significant factors influencing this indicator, and also to determine whether the current legislation guarantees the right of convicted people to actively contest the decision which stations them in the section with enhanced structural and technical security. The main findings include that several international standards were implemented in the Czech legislation, yet the overcrowding represents a continuous problem, and, in the long term, the level of employment of persons executing their unconditional imprisonment amounts to the levels set out by the Prison Service of the Czech...
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Unconditional imprisonment
Mainzerová, Kateřina ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
I have chosen this topic because of my long-lasting interest in criminal law in general. The aim of this work was to map the legislation of our strictest penalty clearly and to come up with comparison of this legislation and reality of the czech prisons using a questionnaire research. I have summoned my discoveries at the and of each chapter about the individual problem of the penalty of imprisonment and also in the closure od this work. There are five chapters in this diploma thesis. The first one is providing basics about the punishment of unconditional imprisonment and also about the purpose of this strictest penalty. Chapter number two offers a brief historical excursion into the former legislation of the issue of the penalty of unconditional imprisonment and its progress and is very important for good understanding of the hole issue of the penalty of unconditional imprisonment. Third chapter provides a well arranged summary of the current legislation of the unconditional imprisonment on constitutional and also legal level. Author of this diploma thesis deals with the topic of the unconditional imprisonment which is included in the Constitution of the Czech republic, the Bill of Basic Rights and Liberties, the Criminal Code, the Penal Code and the Law of the Performance of the Imprisonment....
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The issue of life imprisonment
Vršanský, Robert ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
This thesis is concerned with the issues of unconditional imprisonment with the focus on early release of prisoners. A comparison of legal framework in the Czech Republic and the Great Britain is provided. The first chapter deals with the meaning and objectives of punishment. It shows a history of legal theories in the world and the Czech Republic as well. The following chapter provides an explanation of these legal theories in the Czech legislature as basic sentencing principles. Moving further into the detail it provides a legal framework of unconditional imprisonment in the Czech Republic. The third chapter gives a brief look at the history of legal framework of imprisonment on the international, European and national level. The thesis gives a thorough examination of the early release in the Czech law in its first main part. It evaluates its advantages, disadvantages and implications. The same process is made in the second main part of the thesis concerning the early release in Common law using the doctrine of judicial precedent. Following that evaluation a comparison of particular legal institutes of the early release is provided. Recommendations for improvement of the Czech legal framework are mentioned in the last part of the thesis. Powered by TCPDF (www.tcpdf.org)
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Unconditional imprisonment
Rozsypal, Martin ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
This thesis deals with the issue of imprisonment, which is the strictest penalty that our legal system uses. Although the possibility of alternative sanctions has extended widely in recent years, imprisonment still retains a very important position in the system of criminal sanctions, as it is a punishment that can be imposed for the commission of any crime. Imprisonment therefore remains and shall remain punishment designated primarily for the perpetrators of the most serious criminal activities. The aim of this work is to assess the current situation of the Czech prison system with regards to the relevant legal regulation of imprisonment, including problems associated to it. This thesis consists of seven chapters; each of them deals with various aspects of this form of punishment. The first chapter is devoted to theoretical issues of the concept and purpose of the punishment. There are two main approaches mentioned in the discussion about the purpose of punishment; the absolute theory and relative theory. Attention is also given to the purpose of punishment in the Czech legal regulation of criminal law. The second chapter deals with the historical perspective on the evolution of punishment and gradual enforcement of the imprisonment sentence in the criminal sanctions. This chapter then discusses...
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Unconditional sentence of imprisonment from perpective of theory and practice
Pleva, Jiří ; Jelínek, Jiří (advisor) ; Kalvodová, Věra (referee) ; Herczeg, Jiří (referee)
Unconditional sentence of imprisonment from perspective of theory and practice Dissertation JUDr. Jiří Pleva Abstract Author tried to express his opinions to contemporary theory and practice concerning the unconditional sentence of imprisonment and provide some impulses to an appropriate change in his thesis. The basic motto of the introduced discourse was the statement that the prime sign of the imposed sentence is the loss (evil) caused to the criminal. Author wanted to prove the ineffectiveness of the imposed sentences in the cases when the subsequent execution of the punishments will not be for the criminal appreciable enough, whereas the factual appreciability of the punishment is only ad hoc to be stated regarding to the situation of the particular offender. Generally extended statement was disproved, that the unconditional sentence of imprisonment was always the strictest form of punishment, by the chosen cases from the court room and also from the prison practice. In thesis author tried to emphasize the importance of all basic purposes of the punishment, until now modified in § 23 of the Criminal code (1961) which cannot be left out at considerations either about imposing sentence or after the coming into force of the new Criminal code (2009). In spirit of the mixed theory of punishment he expressed...
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Problems of the contemporary Czech prison system
Voldán, Michal ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The aim of this paper is to analyze the actual problems of the Czech penitentiary system and to find its weak points. It also tries to propose the convenient solutions. The extend is reduced to the Czech prison system and pre-trial or other forms of detention are excluded. The thesis is divided into seven chapters. The first one deals with the finance related issues, which can be marked as the most significant problem. As in the other parts of the world, Czech prisons are beyond the usual sphere of interest of the politicians and therefore face a long-term funds shortage. I am afraid it is not going to change soon. The prison service of the Czech Republic, which keeps our prisons, has to be more efficient in spending money. Privatization or appropriate outsourcing policy is a good example how to achieve it. The second chapter describes overcrowding in the prison facilities. It is considered to be a very actual topic. The law guarantees 4 square meters per a convict, but we are nowadays facing a huge income of new prisoners and the prison capacities are not sufficient. It causes several problems. Inmates live in inhuman and degrading conditions, overcrowding creates underground prison life and it also impedes social reintegration. Another weak point is that the average capacity of the Czech prisons is 500...
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Unconditional imprisonment
Kordíková, Ivana ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
I have chosen this topic because of my interest in criminal law in general. Two years ago I visited one of the largest prisons in the Czech Republic, the Valdice prison, which is situated only 20 km far from my hometown, Semily. I realized that unconditional imprisonment is a really interesting and complicated theme. The Czech prison system has recently suffered from particular problems and the aim of my thesis is to identify these problems and suggest solutions. My thesis is composed of five chapters. Chapter One is introductory and defines the basic term - sentence and its purpose. Chapter Two deals with relevant Czech legislation and consists of four parts. Part One focuses on the most important principles of imposing punishments, such as principle of legality, principle of subsidiarity, etc. Part Two analyzes the role of unconditional imprisonment in the sentencing structure. Part Three describes duration of unconditional imprisonment and Part Four reviews two types of extraordinary sentences. Chapter Three concentrates on execution of unconditional imprisonment. This chapter is subdivided into nine parts. Part One deals with international rules, European prison rules and Czech legislation. Differentiation of prisons is described in Part Two and Part Three. Part Four relates to admission,...
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