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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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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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Implementation of house arresting in Czech justice system
Čáp, Peter ; Cejp, Martin (advisor) ; Diblíková, Simona (referee)
The aim of this diploma thesis is to describe and explain the main features of implementation practice of house arresting in the Czech Republic and consequently propose possible ways out in relation to subsequent (and successful) continuing of implementation procedure. In terms of theory there are reflected approaches of criminal law, criminology, penology, sociology and public policy. Within the research work, the space had been given to those participants immediately concerned and affected with house arresting agenda - judges, prosecutors, probators, ministry officers (Ministry of Justice), attorneys, watchdog organizations and experts on criminal law from academic sphere. House arresting had entered valid legal regulations in connection with new criminal law effectual since 1.1.2010. This new regulation substituted the pristine penal code. In new criminal law is significant shift of accent from tangible to formal conception of culpability. By the analysis of key participants of objective policy, identification of possible goals, adumbration of solution options is finally formulated optimal version. In terms of this version are reflected possibilities of evaluation and monitoring. Special attention is payed to identification of crucial risks and problems related to implementation practice, which...
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Actual Problems of Saving and Imprisonment of House Arrest in České Budějovice
VOJTÍŠEK, Petr
This Bachelor?s Thesis on Actual Problems of Saving and Imprisonment of House Arrest in České Budějovice deals with the issues of home confinement. This institute has been active since 1.1.2010. The condition of its imposition is a letter of assurance from the convict that he will stay within the residence of a given address during the determined period. Thanks to this type of sentence the family, economic and other relations of the convict will remain intact as this sentence shouldn?t restrict the convict in his occupation or profession. Last but not least the government could also conserve service costs. The goal of this thesis was to research the issues of home confinement. Another part was discovering the problems associated with the imposition and carrying out of home confinement in České Budějovice and finding out how to solve these problems. To fulfill the goal of this thesis the two following questions had to be determined. The first question is aimed towards the problems accompanying the imposition and carrying out of home confinement in České Budějovice. Then it continues in finding solutions to the ascertained problems according to experts involved in this domain. The research was done in the form of a qualitative survey. The data was collected by a method of inquiry, the technique of structured conversation. The inquiry was done with ten respondents who where in some way involved with the issues of home confinement in České Budějovice. When concerning the questions of the survey the biggest problem which the respondents encountered looked to be the form of surveillance. Most of the respondents don?t believe that random inspections done by the probation officer are sufficient enough and are afraid of the obstruction of the sentence. Another problem is the housing of the convicts. Before the imposition of home confinement the conditions that may affect the imposition must be ascertained by the probation officer. Housing has been experienced to be very problematic by the respondents. The most common cases are when the owner of the residence does not agree with the sentence to be carried out. Another problem deals with the form of surveillance. It is just a mere legal adjustment. Even though it is listed in the penal code that the inspections are carried out by the Probation and Mediation Service with the help of the electronic surveillance system operator, electronic surveillance hasn?t yet been put into commission. The thesis then deals with methods of how to effectively solve or reduce these problems. For understandable reasons the motivation of the convict and his will to carry out the sentence is necessary. It?s able to respond to this problem with the legal adjustment by changing the law by introducing clear and accessible resources. In the case of the methods of surveillance it would be beneficial to establish an electronic surveillance system. This solution is backed by the respondents within the research survey and also by experts involved with home confinement in specialized literature. There is also an option of imposition of home confinement in certain cases instead of prison. Experience from abroad shows that custody in the form of home confinement isn?t a bad option. Considering the fact that custody is stricter than prison, home confinement could help secure the period before the legal decision. I assume that this thesis will help describe the institute of home confinement and will introduce readers with the positive as well as the negative sides of this institute and will provide solutions how to effectively solve these problems. Another assumption is that it will serve as research material for the expansion of the general knowledge and awareness about home confinement as well as feedback for people that are interested.
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House arrest and its perception by the offenders.
HRUŠKOVÁ, Hana
The present study summarizes the modern approach in the alternative sentence of the house arrest and its perception by the offenders. The study is divided into 2 parts ? theoretical and research. The theoretical part consists of characterization of the restorative justice, general definition and law framework of the house arrest in the Czech Republic and the work of the Probation agency regarding those sentenced to the house arrest. It also examines the house arrest sentence as defined around the world, compares the European and American model and summarize the current state of the electronic monitoring and the implementation of the electronic monitoring service in the Czech Republic. The research part investigates the subjective perception of the house arrest by the sentenced, their motivations for the cooperation with the Probation agency and the most painful restrictions of the home confinement over the weekends. The future of the house arrest in Czech Republic now rests with the implementation of the electronic monitoring and subsequent social reintegration of the offenders as done by the Probation agency.
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Execution of the house arrest punishment in South Bohemain country
ZDRHOVÁ, Blanka
In connection with recodification tendencies ,many changes were made in the field of criminal law as of January 1,2012. One of the most important changes in this field was passing a new alternative punishment of house arrest. The theoretical part of the thesis mentions a purpose of the punishment and describes its role , defines current legislation of house arrest , conditions for the punishment, way of checking it . It also includes a brief look at house arrest abroad and describes activities of Probation and Mediation Service when implementing this punishment. The author describes electronic monitoring in the last chapter of theoretical part . Practical part of the thesis introduces a comprehensive overview of house arrest use in South Bohemian judicial county. The thesis was supported by available specialized literature, articles, judicature and internal methodology of Probation and Mediation Service.
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