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Unconditional imprisonment
Vondrák, Roman ; Šámal, Pavel (advisor) ; Herczeg, Jiří (referee)
My diploma work is structured in ten chapters. The first chapter claryfies essence of the suspended sentence. The historical development of the suspended sentence follows. The third chapter refers to changes in the new criminal code. Following two chapters describe legal conditions at putting this punishment. The sixth chapter refers to the suspended sentence close by juvenile offenders. Forms of decision and the executing action are theme of the seventh chapter. The following chapter concerns in the Probation and Mediation Service. The ninth chapter in basic features sketches alternatives to unsuspended sentence. The final chapter think of using the suspended sentence in system of alternative punishments.
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Importance of alternative punishmentins in Czech Republic
Punčochová, Tereza ; Vybíralová, Ivana (advisor) ; Krebs, Vojtěch (referee)
This bachelor thesis deals with subject of alternative punishments in the Czech Republic. It is primarily focused on punishment of the common beneficial work. The aim is to find out how the punishment works in practice in selected areas and whether the common beneficial works in the municipal office in Prague have some significance. In the introductory chapter I want to focus on general characteristics of alternative punishments. Another section is devoted to common beneficial works and their problems. In the third part I would like to introduce the institution of the Probation and Mediation Service of the Czech Republic and show it`s expectations. This institution calls for greater application of alternative punishments. In the fourth chapter I will deal with the Prague City Hall and the information that the municipality provide. These figures I will compare with the data provided by the aforementioned institution.
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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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Alternative Punishments
Lichnovský, Vladimír ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The thesis is divided into nine chapters mapping the structure of alternative punishments currently existing in the Czech criminal law. The beginning of the paper covers the groundwork of the thesis, i.e. the explanation of the concept of punishment and its purpose. Immediately afterwards follows the outline of the concept of restorative justice, which represents an ideological foundation for the alternatives to the prison sentence, as it carries significant benefits that stem from the different outlook on the very essence of crime. An important role in advancing the principles of restorative justice is played by Probation and Mediation Service. The chapter details specific tasks of probation officers with regard to probation and mediation as well as changes that took place as the new Criminal Code came into effect. Following chapters are devoted to the history of alternative punishments in the country, starting with the adoption of The General Code on Crime and Punishment by Joseph II and ending with the current Criminal Code, as well as to the influence of international bodies on the development of this branch of criminal law, specifically the United Nations, the Council of Europe and partially the European Union. The last section contains the comparison of the regulation of alternative...
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THE ACTIVITIES OF PROBATION AND MEDIATION SERVICE AT THE PRACTICE OF HOME DETENTION
RAUŠER, Josef
This dissertation on topic "Activity of the Probation and mediation service of the Czech Republic within the preparation and execution of the house arrest sentence" in theoretical part acquaint with PMS activities and its cooperation with the court. As well as describes alternative sentence in the Czech Republic and in detail looks into house arrest sentence, its history, dissimilarity compare to foreign legislation and house arrest legislation in the Czech Republic. Futhermore it describes institute of the preliminary investigation and the output from this investigation which is Stand of the PMS to possibility to impose the house arrest sentence. Empirical part of this work is devote to the qualitative research, of which goal is to find out, how good are datas which goes from PMS to court and how important is this data quality for correct execution of the house arrest sentence. Alongside the work also examine, if court perceive cooperation with the PMS as required and usefull
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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 living conditions of children staying with their mothers in jails.
VOPÁLENSKÁ, Jana
The theoretical part of this bachelor project, whose topic is "The life conditions of children placed in mothers with children prisons, contains chapters about punishment, imprisonment, women's prisons exceptionalities." The aim of this work is to look at the prison's environment in Světlá nad Sázavou and to present the results of qualitative examination implemented just in that environment. Those results have been found out through the dialogues with sentenced mothers and prison service employees (psychologist, educator). Furthermore found out through non-structured observation. The research examination wants to answer folowing questions: What are the life conditions of children placed in mothers with children prisons like? What is the convicted mothers' view of their children's care, upbringing and education themselves? What is the prison service employees' view of sentenced mothers' care of their children? The results show the lack of outer motivation which influence the children in prison and unsatisfying psychic needs. The uncompromising priority seems to be material conditions and children's dependency on mothers. The research indicates that prisons are unable to provide such background, which a child gets at home in family environment. Mothers must realize that they have been confinemented.
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Education of persons in the process of serving a prison sentence in the correctional system of the Czech Republic
Pešíková, Natálie ; Neusarová, Jana (advisor) ; Šerák, Michal (referee)
The presented bachelor essay introduces the education of persons in the process of serving a prison sentence in the correctional system of the Czech Republic. Its aim is not only to describe the structure and details of convict education in prisons, but also to present a unique project on educating prisoners by the means of a private secondary vocational training center, implemented in the Prison of Vinarice. The essay is divided into three principal sections. The first section describes the current state of the correctional system here in the Czech Republic, studies the purpose and function of punishment, presents the affects of international cooperation in the field of correctional systems on the correctional system here in the Czech Republic and characterizes the Prison Service of the Czech Republic. Further, this section studies the process of serving a prison sentence putting emphasis on treatment programs for convicts. Focus is also paid to negative phenomena in prisons, which are inherently a part of it. The second section deals with prisoner education, its structure, objectives, purposes, possibilities and statutory framework. Formal and informal prisoner education, Secondary Vocational Training Center of the Prison Service and the education of convicts at University level is introduced in this...
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Alternatives to unconditional imprisonment
Kasalová, Petra ; Říha, Jiří (advisor) ; Hořák, Jaromír (referee)
Resumé The study relates to the alternatives to unconditional sentence of imprisonment. The purpose of the study is to focus on the advantages and disadvantages of the alternative punishments and to discribe the application of chosen sentences in practise. The first part of my study is the introductory and defines basic terminology and institutes related to the topic. The second part looks at individual alternative punishments, coditions of their imposing and service of the sentences. The study is composed of six chapters. Chapter One explains the term punishment . It is subdivided into three parts. Part One defines the purpose of the punishment. Part Two briefly compares the absolute and the relative theory of the punishment and Part Three describes the principles of imposing the punishments. Chapter Two provides starting points of imposing the alternative punishments. This chapter consists of three parts. Part One is concerned with the restorative justice. Part Two explores the institutes of probation and mediation and Part Threee shows the advantages of the alternatives to unconditional sentence of imprisonment. Chapter Three deals with the alternative punishments. It is subdivided into four parts. Part One describes historical development of the alternative punishments. Part Two analyzes the aplication...
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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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