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Custody in criminal trial
Nosková, Jana ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
Docotral thesis deals with the issue of custody as a hedge of criminal law, which is the most serious interference with the personal liberty of the accused. The thesis in addition to the initial and final part is divided into nine chapters. The introductory chapter is devoting to embedding custody .The following chapter is focused on material issues of custodial rights. The main part is devoted to procedural custody issues, its own decision to remand the accused in custody, custodial session, review the merits of the custody decision to extend it and replacing the bond measure. In the following chapters is analyzed the custody in juvenile proceedings, the defense of the accused in custody, custody and liability for damage done by a detention. Briefly identifies the Slovak legislation custody. The last chapter is devoted to the detected data relating to remand cases for 2012 in the scope of the District Public Prosecutor's Office in Jihlava and their comparison with data from other government offices. The aim of my thesis was to provide a comprehensive characterization of the current legislation ties especially in the context of extensive amendment of the Institute No. 459/2011 Coll. and the attached amendment to Act No. 45/2013 Coll., to focused on some problematic provisions and propose approaches...
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Probation in system of criminal sanctions from the point of view of prevention of recidivm
Poláchová, Jana ; Válková, Helena (advisor) ; Matoušková, Andrea (referee)
The theme of my diploma thesis is the efficiency of the probation supervision of the system of justice. My aim is to inform wheather and in which way the probation supervision helps to reduce the risk of crime's relapse. This diploma thesis is divided into two parts. The first one is theoretical whereas the second one is practical. In the theoretical paragraph I explain the aims and reasons of probation supervision. The wide scope of taking advantages of this care is also mentioned. I describe all activities connected with the above. The pecularities of youngters's probation supervision are pointe dout, as well. Last but not least I inform about the course of the probation supervision and try to compare alternative sanctions to the imprisonment. A statistic survey of probation supervision in last few years makes a part of my thesis, too. The second part of my thesis is based on my practice in the centre of probation and mediation care. I mention the results of my research among the members of the working team in the above organisation and social worker's for youngsters and adults. I inform about their points of view of this care and connected probléme and thein cooperation. The next paragraph show the way of life of several clients of probation and mediation care. I inform about their situation, crime,...
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Special pedagogue role in system of treating with prisoners
Sechterová, Lenka ; Bajcura, Lubomír (advisor) ; Šotolová, Eva (referee)
This diploma thesis deals with special pedagogue role in system of treating with prisoners at the department custody and department of imprisonment. It also describes all the activities and programs, which are prepared by special pedagogue for accused and convinced. There is described the work of special pedagogue in Remand Prison Praha-Pankrác. The research was based on observations, case reports and interviews.
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Foreigns nationals interned in the Czech Republic
Čech, Pavel ; Polišenský, Miroslav (advisor) ; Gabriela, Gabriela (referee)
Diploma thesis describes foreign nationals imprisoned in the Czech Republic with more detailed focus on the characteristics of the selected groups. Based on the analysis, characterization and expert examination gives a comprehensive view on this issue and to help you navigate not only the interested persons.
The theoretical part focuses on the description of the Prison service of the Czech Republic as an institution, its role, structure and organization system. It also deals with the history and its evolution to the present time. It provides a comprehensive insight into the issue of foreigners in the Czech Republic, legislative regulation and crime. For purposes of this research work have been selected group of foreign nationals imprisoned in the Czech Republic, which are closer to the theoretical part, characterized, distributed and investigated.
Analytical part is focused on analysis of selected data, and layout (for clarity) into several sections, which always include one area of research interest of the issue. This section is arranged graphs providing an overview on the development of individual indicators.
In conclusion there is summary assessment and recommendations to individual areas of research.
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Proceedings in Misdemeanour in Terms of the Town of Tabor
Kupková, Zuzana ; Borská, Jana (advisor) ; Pavla, Pavla (referee)
The present diploma thesis gives a comprehensive view of misdemeanor proceedings exercised by the administrative authorities responsible for dealing with offenses. The thesis is divided into two main parts, theoretical and practical. At the beginning of the theoretical part there is a definition of basic terms including an overview of current legislation of misdemeanor proceedings. The most essential section of the theoretical part is a comprehensive description of misdemeanor proceedings before the commencement, during the proceedings and at the end of the first stage. The practical part of the thesis focuses on the activities of the Misdemeanor Department of the Municipal Office of Tabor, namely for the period 2011 - 2015. With regard to the examined period there is an analysis of changes in legislation which have had a major impact on the Misdemeanor Department of Tabor for the past five years. The practical part also presents a statistical evaluation of misdemeanor proceedings in Tabor. In addition, there is an interview with a senior executive of the Misdemeanor Department of Tabor. In the conclusion there are some proposals leading to an improvement of the operation of the Misdemeanor Department of the Municipal Office of Tabor.
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Right to a Defense of Socially Disadvantaged Groups in the Criminal Proceedings
KUBÁNKOVÁ, Hana
The Right to Counsel is one of a fundamental principle of criminal proceedings. This right is enshrined and governed in § 2, paragraph 13, § 33 and following of Act No. 141/1961 Coll. On Criminal Proceeding (Criminal Procedure). The Right to Counsel is guaranteed, in addition to the Constitutional laws, by the Criminal Procedure Code and the Charter of fundamental rights and freedoms in Article 40, paragraph 3 and also by International Conventions such as the European Convention on Human Rights and Fundamental Freedoms. The target of my Thesis is to clarify the issue of availability of the Right to free Counsel or Counsel for reduced fee for socially disadvantaged groups in criminal proceeding. For the purposes of my Thesis, young, unemployed, handicapped people and people serving in Prison in České Budějovice, are considered to be socially disadvantaged. The Thesis surveys the availability of the rights to counsel for disadvantaged groups in criminal proceedings in the light of valid and effective legislation of the Czech Republic.
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Involment of probation service in rehabilitation of offenders.
ŠKORVÁNKOVÁ, Antonie
Bachelor thesis entitled "The share of the probation and mediation services to the education of convicted" in the theoretical part describes the social and psychological aspects of the accompanying stay of inmates in custody and imprisonment, as well as types of punishment and prisons profiling. Cooperation between prisons and probation and mediation service, the impact of cooperation on individuals after release from prison. It explained the meaning and essence of fixing programs dealing with prisoners, particularly some of the educational and rehabilitative activities, such activities as work, education, special education. It also outlined the activities of a specialized department for imprisonment for juveniles, mothers with children and also programs of prisoners in these departments. The practical effect of the studied preventive benefits of completed education and training programs for rehabilitation and reintegration of prisoners into society.
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A Qualitative Study of Arrests as Perceived by Accused Juveniles
VALIHRACHOVÁ, Monika
Juvenile crime and juvenile criminals are the focus of one key area of society. Criminal acts are commited by youth especially in big towns and cities and they are accompanied by increasing manifestations of aggression. The number of juvenile crimes commited under the influence of narcotics and psychotropic substances continues to rise. There was an important moment when a specific law, no. 218/2003 Sb. Which regards the responsibility of juveniles for unlawful acts and also the judicial system concerning youth, was enacted. Juveniles perceive imprisonment on a significantly worse scale than adults do. Therefore, it is quite possible to influence juveniles in a more positive way by means of a suitable penological and pedagogical approach. Placing juveniles under arrest, their eventual conviction and their eventual imprisonment and confinement is the last solution. This thesis focuses on the research of how juveniles perceive their arrest as they within the Czech prison system. The data was gained by means of the qualitative research method with the use of a half-standardized interview. These interviews took place with ten men, who spent time under arrest as juveniles or young adults (up to 26 years of age). The goal of the diploma thesis was to map the situation of the arrest solution problems due to juvenile criminal activities, to answer some research questions and to eventually offer an optimized solution. These goals have been reached. The findings of this thesis can be beneficial for everybody who deals with the problems of juvenile crime and juvenile criminals. The recorded interviews, which describe the cause, the progress and the results of crime and criminals, as well as the execution of the arrests are of particular importance.
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The attitude of the expert and the lay public towards institut of alternative punishments.
TURKOVÁ, Petra
Globally, the turn of the 20th and 21st centuries has been a period of major reforms in criminal law which are connected with the effort to find new methods to deal with crime and to replace or at least complement some inflexible procedures in administration of criminal cases. More and more attention is being paid to alternative proceedings before the court and alternative punishments in criminal cases. The Czech Republic has not fallen behind in the developments. My work seeks to map the options of alternative punishments, with a focus on community service. My work also deals with the legal framework for punishments in form of community service in selected countries. I will also mention the institute of Probation and Mediation Service. The work also points to the prepared amendment to the Criminal Code in connection with community service punishments. The research in my work is divided into two parts. The first part is a quantitative survey of opinions of the general public and the other part is a qualitative survey of opinions of professionals, such as judges, policemen and officers of the Probation and Mediation Service. The main objective of the work is to learn about the general public attitudes to and awareness of application and implementation of alternative punishments. I tried to find out which punishments would be preferred by the general public. Another objective of this work has been to survey opinions of professionals in respect to application and implementation of alternative punishments. In the first survey three of my hypotheses have been confirmed and two have been disconfirmed. Based on results of the secod part of the survey I have devised three hypotheses. The results of my work have shown that although the general public has a certain level of awareness of the issue, the knowledge is very superficial. The general public has demonstrated a significant degree of tolerance and benevolence to persons with alternative punishments. Professionals mostly approve the existing legal framework for the alternative punishments. They find the definition of these punishments in the Criminal Code adequate and they believe that alternative punishments have been used sufficiently. The work will serve as a general overview of the issue.
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