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House arrest, its execution and control
Procházková, Aneta ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
House arrest, its execution and control This thesis focuses on the punishment of house arrest and its position as an alternative punishment. Its aim is to provide a comprehensive view of this institute in a broader context, to reveal its advantages and disadvantages and to evaluate its development so far. Given one of the functions of house arrest as a substitute for imprisonment in particular, the work goes in this direction and evaluates this aspect from several possible perspectives. The assessment is then based on a comparison of the theoretical assumptions and results of the practice, which offers a comparison of the actual use of punishment and its likely development in the coming years, including de lege ferenda. The first part of the thesis is conceived as a general introduction which aims to introduce the concept of punishment, including its purpose, meaning and function. The following section than narrows the broad subject of punishment to alternative punishments, among which house arrest is included. One subchapter is also devoted to the concept of restorative justice as the cornerstone of alternative sanctioning. The second part of the thesis deals with the main topic and analyzes all the requirements of the house arrest. These chapters describe its development, meaning, purpose and...
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Alternatives to unconditional sentence of imprisonment
Drastich, Michal ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
My master thesis deals with the topic of alternatives to unconditional sentence of imprisonment. It is a vast topic, thus I have focused on alternative sentences in the narrower sense of the term, in other words, suspended sentence of imprisonment, suspended sentence of imprisonment with surveillance, community service, financial penalty and house arrest. The goal of this thesis is to discuss lawful legislation of alternative sentences, to evaluate their practical usage and potentially, to suggest changes de lege ferenda, which could lead to higher rate of application of these sentences. The thesis consists of an introduction, seven chapters and a conclusion, where the three initial chapters are written in general sense. The first chapter is concerned about the term and the purpose of sentence. The concept of restorative justice, which provides us another way how to react to the criminal acting, is introduced as a part of this chapter, too. The second chapter focuses on unconditional sentence of imprisonment and issues of the short-term sentence. Furthermore, the term of alternative sentence is explained, including a brief commentary on actions of international organizations in this area, namely Council of Europe and UN. The development of these sentences in the Czech republic after 1989 is...
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House arrest, its execution and control
Kolert, Pavel ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
House arrest, its execution and control Abstract The presented diploma thesis deals with the alternative punishment of house arrest. This punishment became the part of Czech penal system when the new Penal Code came into force on the first of January 2010. The aim of this diploma thesis is to summarize valid substantive and procedural legislation of this alternative punishment, to evaluate its advantages and disadvantages and to propose possible changes and improvements of weaknesses of current legislation. First three parts of this diploma thesis are focused on essential concepts, such as punishment, purpose of punishment and its functions, alternative punishments, their introducing to legal orders, negative aspects of custodial sentence and explanation of retributive and restorative conception of justice. Following parts are focused on issues related to valid legislation of house arrest punishment. These parts are major essence of the thesis. In the fourth part of this thesis there is analysed evolution of this punishment and there are described and explained requierements for this punishment. In this part there is also explained the essence and the content of house arrest and issues linked to house arrest execution. The fifth part is dealing with house arrest control and it is divided into two chapters....
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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 measures to inprisonment under Czech Law
Melicharová, Henrieta ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The presented rigorosum thesis is focused on the field of alternative measures to prison sentence in Czech law, including set institutes whose primary objective is replacing prison sentence, their arrangement and mutual relations, and is further focused on related issues. The thesis is divided into eight major chapters further divided into smaller subchapters. The first half of the thesis is focused on the concept and main principals on which the alternative measures are based. The second half is dedicated to specification of individual alternative punishment methods, while it does not only describe them but also assesses their positives and shortcomings.
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House arrest, its execution and control
Suchomelová, Veronika ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The aim of this thesis is to give a comprehensive overview about the one of alternative sanction incorporated into the czech penal system with effect from 1 January 2010. The thesis devotes definition of general term "punishment", its help to better understanding of house arrest, the crux of this thesis. It aims to clarify the reasons for which legislator has decided to file this sanction to system of punishment, but also it aims to outline arguments standings against these procedure. The thesis also give a historical perspective about possibilities of using house arrest in the past. The primary aim of this thesis is focus on the current legislation of house arrest from the sight of substantive law and also procedural law. My attempt was describe several imperfections of legislation and propose the method to improve it alternatively. Part of the thesis devotes to Probation and mediation service considering to actually during of control the house arrest. Without this service the house arrest probably couldn't be ussed. The thesis is supplemented by probation officials opinions and by issues which they work with every day. With this matter also associate the provision of the act about electronic monitoring which still isn't in effect and actually situation of procurement to operator of electronic...
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House arrest as an instrument of penal policy
Králová, Lucie ; Cejp, Martin (advisor) ; Vávra, Martin (referee)
This thesis, dealing with "House arrest as an instrument of penal policy", reflects problems of ineffective system, increasing the number of prison sentences imposed, exceeding prison capacities and consequential violation of fundamental human rights. In response to improperly configured system of penal policy, in 2010 a new Act no. 40/2009 Coll., The Penal Code was implemented, introducing new institute of house arrest to the Czech justice system. Philosophy of house arrest is in punishing the perpetrator, while maintaining positive relationships that would be otherwise disrupted by his imprisonment. Presented thesis evaluates the implementation of the punishment, reflects benefits, disadvantages and actual barriers in its successful implementation, using expert interviews.
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Alternative punishments with focus on the house arrest sentence
Hofrichter, Tomáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The thesis deals with the alternative punishments with focus on the house arrest sentence. This type of punishment was introduced as part of the criminal sanctions system by the Penal Code which came into force on 1st January 2010. The aim of this thesis is to summarize the valid and effective legislation regarding the house arrest sentence, to evaluate its advantages and disadvantages and to propose potantial improvements to the current legislation. The first part of this thesis is divided into three chapters (1-3) which give a brief summary of the basic and concurrently most important terms such as punishment and its purpose, alternative punishments, restorative justice and its principles etc. The first part of the thesis ends with the analysis of the development of alternative punishments in our legislation. The second part of the thesis concentrates in detail on the issue of the house arrest sentence legislation. It is divided into four chapters (5-8), whose objective is a comprehensive analysis of the valid and effective legislation, comparison of the Czech legislation to the foreign legislation with regard to the house arrest sentence, the issue of supervision of the execution of the house arrest sentence and its advantages and disadvantages.
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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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