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Alternative solutions of criminal cases with a focus on community service and home detention
Tuháčková, Petra ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Every day, I come across improper conduct, disobedience, breaking the law and subsequently also the criminal activity. In my final thesis, I wanted to summarize everything that is connected to the issue of alternative penalties and to aim especially at such punishment that is sometimes underestimated as re-education. Nevertheless, the new Criminal Code covers them to a large extent. Thanks to this elaboration and usage of alternative punishment in practice their usage is becoming more and more known among the public. Let's hope that it will help to deal with overcrowded prisons and to lower the costs on the prisons' operation. The aim of this thesis is to stress the importance of alternative punishment in practice, especially to show such way of punishment as important and significant mechanism for enforcing punitive sanctions thank to all workers of probationary and mediation services. I believe that processed statistics and questionnaires shall enlighten the whole processing of the topic and shall show how the public views the issue of alternative punishment.
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Alternatives to unconditional imprisonment
Egerová, Radka ; Tlapák Navrátilová, Jana (advisor) ; Hořák, Jaromír (referee)
The Master's thesis deals with alternatives to unconditional sentence of imprisonment, the main attention is given to alternative punishments in the strict sense, primarily to conditional sentence of imprisonment, conditional sentence of imprisonment with supervision, community service orders, pecuniary punishment and house-arrest. The study consists of introduction, 8 chapters and conclusion and discusses essential principles and bases of alternative punishments and also analyses substantive and procedural legislation of each alternative punishments in Czech Republic and draws attention to their positives and negatives. The first chapter explains the term "punishment" and describes the basic features of the absolute and the relative theories of punishment and also the purpose of punishment. In the last subchapter the study looks at basic principles that are applied for imposing sentences. Chapter Two and Chapter Three deal with conception of restorative justice that brought a new view to punishing of offenders and which is a starting point for issues of Probation and Mediation. Chapter Three explores the activities of Probation and Mediation Service in Czech Republic as an institution which is also entrusted the power of probation and mediation in the area of criminal law, but not only in this...
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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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Alternatives to unconditional imprisonment
Brandeisová, Anetta ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The name of my thesis is Alternatives of unconditional sentence of imprisonment. Because of a very wide range of alternative of unconditional sentence of imprisonment, I concentrated on suspended sentence, community service, house arrest and fine. I tried to present proposals base on studying laws, judicial decisions, czech and foreign literature. My compulsory work also examines legal regulations in the other countries in order to confrontation with Czech legal regulation and contains de lege ferenda reflections. The Austrian legal regulations of alternatives to imprisonment have been chosen for the purpose of this work, because their systems are close to the system of Czech criminal law. The thesis is divided into six chapters and some of them are divided into subchapters for better clarity. The first chapter is concerned with the concept of punishing. It is subdivided into two other parts. The first one deals with term of the punishment and the second one describes the purpose of the punishment. The second chapter looks into the alternative forms in criminal law in general. This chapter is also subdivided into four parts, which describs one by one the development of the alternative forms, their system, the concept of restorative justice and last but not least the activity of the Probation and...
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Alternative punishments
Soukupová, Zlata ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The general aim of this work was to develop an analysis of current legislation Institutes of alternative sentences of imprisonment, to analyse their place in the Czech legal environment, to identify problems and to summarize the proposals de lege ferenda , which could be a compass or anticipated future solution of this problem . Unquestioned issues of criminal policy are a big increase in crime along with its new forms, overloading the courts, krescentní percentage of recidivist offenders. It should be stoic resist thinking; lax approach will be rewarded crisis imprisonment. Endless storage imprisonment as punishment universal and comfortable the whole situation is getting worse and dishonoring approach.
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Alternatives to unconditional imprisonment
Geaney, Irene Sheila ; Hořák, Jaromír (advisor) ; Říha, Jiří (referee)
The Master's thesis provides a comprehensive analysis of possible alternatives to imprisonment. It is indisputable that incarceration is the most severe penalty that can be applied to law-breakers in the Czech Republic. To use this punitive measure in cases where it might not be appropriate would be in breach of humanitarian principles and of proportionality. For this reason, it is incumbent on states to reflect on how their correctional system might be improved. The main aim of this Master's degree thesis is to examine non- custodial sentences in the Czech Republic and briefly compare them to those in operation in other countries. It also analyses whether the Czech correctional system is satisfactory. The author explores the question of whether an improvement in this area of the penal system would result in a corresponding reduction in the prison-rate. The text focuses on house-arrest, community service orders, suspended sentences, and fines, since they are the most common non-custodial sanctions. The thesis is composed of an introduction, six chapters and a conclusion. The initial two chapters are introductory and define the basic terminology used in the text. The first chapter, which considers the concept of punishment, is subdivided into four parts. Firstly, it describes what punishment...
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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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Alternatives to unconditional of imprisonment
Hrušáková, Denisa ; Říha, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis discusses the alternatives to unsuspected sentence of imprisonment, as only they can in the long run solve an acute and currently very topical problem of the prison overcrowding. The aim of this thesis was firstly the theoretical definition of alternatives to unsuspected sentence of imprisonment with regard to the Czech legislation and, secondly, an analysis of alternatives that Czech law provides. The introductory part focuses on the importance of alternative punishments in the system of sanctioning institutions. The thesis is divided into two main chapters with regard to the two objectives it focuses on. The first chapter, dealing with the definition of "alternatives to unconditional sentence of imprisonment", is divided into four subchapters. The first subchapter, on the background of the current concept of alternatives available in the Czech doctrinal environment, seeks a theoretical definition through the criteria on the basis of which it is possible to consider a specific institute as such an alternative. The second subchapter explains the preference for alternatives to unsuspended sentence of imprisonment. The third subchapter is devoted to the development of Czech criminal policy towards alternative punishments. Subsequently, in the fourth subchapter, the author explains contemporary...
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