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Alternative sentencing and its comparison with other European Union countries
Soukupová, Zlata ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The main aim of my thesis is to develop an analysis of current legislation governing alternative sentences, their possibilities and limits comparing it with other European Union countries. The thesis also examines the proposals de lege ferenda that could be used as a benchmark and a guide for future amendments to the current regulation. The notion of alternative sentencing became a global trend in the last two to three decades; this is the result of, inter alia, of continuous increase in the number of inmates, prison overcrowding and congestion of the judicial apparatus. Crescent crime and new forms of crime (especially economic) hit the Czech Republic as a former socialist country in the post-revolutionary times, very assertive. The results of studies and language experts warn against lax approach in the form of increased storage imprisonment and criminal policy tightening. There is also talk about crisis imprisonment. It is clear that an unconditional sentence of imprisonment has its benefits, such as preventive effect, in my opinion, however, the left especially serious crime offenders and recidivist behavior: "Nesit summum malum dolor, malum certe est." Instead of intramural prison environment with significant social and deviant subculture find great potential in alternative prison sentences, which are...
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Alternative Punishments
Hrbková, Miluše ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
My thesis is called The Alternative Punishments in czech criminal law. I have chosen this topic as using alternative forms of sanctions alongside with traditional punishments is a product of the last decades in our legal order and remains very actual question untill now. The crime rate is constantly rating therefor it is necessary to react on it adequally with providing a wide range of sanctions. As one of the governing principles in czech criminal law is a principle of humanity the alternative punishments take a pricipal place in our legal order. The main purpose of my thesis is to analyse and clarify the particular forms of alternative punishments. Those sanctions bring a lot of advantages for convicted in contrary to other traditional punishments as they are not issolated from society and have a chance to re-educate themselves. The alternative punishments are useful and cheaper than short-term confinement. This thesis focuses on the analysis of the actual legislation, assesses changes brought by the new criminal code and defines proposals which would imporove the legislation in future. The thesis is composed of eight chapters. First chapter is subdivided into three parts. The first part deals with the term and purpose of the punishment, the second analysis theory of punishment and the third one discusses...
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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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House Arrest Punishment, Its Execution and Control
Fiedlerová, Dana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
This thesis deals with the house arrest sanction which is one of alternatives of the unsuspended sentence of imprisonment. The author tries to summarize accessible information on the history of house arrest and electronic monitoring. The main aim of the thesis is to briefly present substantive and procedural legal regulation of the house arrest sentence in the Czech Republic. This thesis also covers other issues such as the role of the Probation and Mediation Service in the process of imposing the sanction of house arrest and in the enforcement of this sanction, advantages and disadvantages of house arrest and the outline of legal regulation of house arrest in some other states.
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The Economic Efficiency of House Arrest
Michailidis, Simon ; Babin, Jan (advisor) ; Rod, Aleš (referee)
The main purpose of this bachelor thesis is to determine whether house arrest is more economically efficient than imprisonment. House arrest was first evaluated in terms of the impact on public budgets, followed by an assessment of its overall economic efficiency. For the purposes of the analysis, the cost function of the Prison Service was estimated using the high-low method. This function made it possible to determine potential savings in the Prison Service by replacing one imprisonment with house arrest. The costs of house arrest using electronic monitoring and random checks were then calculated. The costs and potential savings are similar in amount, although significant savings in public funds by replacing imprisonment with house arrest was not demonstrated. For evaluating the overall economic efficiency, both the previous cost analyses and the conclusions of the modern economics of crime were used. In this context, house arrest is clearly more cost-efficient than imprisonment. This fact has been confirmed by the frequent use of house arrest abroad.
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Probation and Mediation Service of the Czech Republic from the perspective of public administration
Humlová, Ivana ; Světlíková, Daniela (advisor) ; Korcová, Renata (referee)
This bachelor thesis clarifies the foundations of restorative justice. It presents the Probation and Mediation Service of the Czech Republic and its position within the process of restorative justice. The paper considers the rate of effective beneficiality of community service alternative punishment and the theoretical part presents the principles of restorative justice. Describes the role of the Probation and Mediation Service in connection with the sentence of house arrest. The practical part deals with the research, what contribution has the role of house arrest from the position of mediator and workers to ensure the imposition of house arrest.
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Alternative sentences
Vacuška, Lukáš ; Žák, Květoslav (advisor) ; Grmelová, Nicole (referee)
The Bachelor's thesis deals with alternative sentences in Czech criminal law. The first part focuses on explanation of term and purpose of punishment and alternative sentences, states advantages and disadvantages of alternative sentences and overviews their application. The second part focuses on legislation of chosen kinds of alternative sentences in detail. The last part is constituted by my own research, which concerns of public awareness of alternative sentences and public opinions on them.
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Home arrest - possible alternative to imprisonment
SLABÝ, Václav
This thesis deals with house arrest punishment as an alternative to classical imprisonment. It starts with analysing various perspectives on the purpose of punishment, penalty function and using human ? law documents defines limits for sentencing in the criminal justice system. Furthermore this work overviews house arrest punishment by historical moments in different legal standards of the Czech Republic since dissolution of the Austro-Hungarian Empire to the present. This work describes the current legal system of house arrest punishment, methods of control, tasks of the Probation and Mediation Service in connection with house arrest punishment and compares it with classic imprisonment. At the same time it contains a brief overview into different foreign laws and ethical analysis of some aspects of house arrest punishment. In conclusion, the author assesses if house arrest punishment fulfils the purpose of the punishment in the soft form of personal freedom limitation and looks at this institution from the perspective of legal aspect ?de lege ferenda?.
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The punishment of homeprison as a form of the offender´s rectification
FIŠEROVÁ, Petra
Each human society creates during its existence a system of reactions against undesirable activities of persons, who break the rules of the smooth passing of a particular community and contravene the standards and values of the community. The view of these reactions {--} punishments, changes over time and also with a respect to culture of the community or the state and its approach to an individual and his rights. In the past, the forms of punishments were, and in some countries still are, mainly primitive, such as amputations of body parts. However, the civilised world, especially, in case of non-arrestable offences, tends to prefer non-custodial service, such as home detention. Home detention as a form of penalty has been used in various alternatives for many years in countries such as Italy, Germany etc. However, the Czech legal system did not allow to impose this penalty until 2010. This form of penalty should facilitate the situation in Czech crowded prisons. It might be imposed on thousands of the sentenced a year and, at the same time, it would save money of the tax payers. The thesis deals with the legislative framework, where the home detention belongs and it is also focused on the fact how the other states, where home detention has been applied for years, have adopted this form of penalty. The objective of the Probation and Media Service of the Czech Republic is also mentioned in this work. The theoretical part of the thesis is divided into two parts {--} the first part deals with the punishment in general, the other one is focused on home detention in particular.
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RFID Technology and its Utilization in Prison Service
Vašková, Alexandra ; Pokorný, Pavel (advisor) ; Přibil, Jiří (referee)
The work contains basic summary of RFID technology, historical development, advantages and application of this technology in the future. The work focuses on establishing this technology in criminalistic and prison system in the world and in the Czech republic. The practical part of the work contains analysis of expenses in case of establishing this technology in prison system in the Czech republic.
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