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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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Alternatives to unconditional imprisonment
Sýkorová, Pavlína ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
ALTERNATIVES TO UNCONDITIONAL IMPRISONMENT Pavlína Sýkorová My diploma thesis deals with alternative punishments which may be imposed as an alternative to imprisonment. The thesis is divided into six chapters. In the introduction of my thesis first I deal with general issues, I define the term and the purpose of punishment and I outline the concept of Restorative justice which presents the base of alternative approaches in the penal law. The second chapter describes the system and various forms of alternative sentences and criminal procedure alternatives (procedural diversions), their historical development in the Czech Republic since 1989 and the activity of international organisations in this domain, especially United Nations and The Council of Europe. In this chapter I also present the institution and characterise the activity of the Probation and Mediation Service which has an important role during the imposition and execution of some alternative punishments. The main attention in the thesis is concentrated on the chapters 3 to 6 which concern particular alternative forms of punishment in the valid and effective Czech legislation, their imposition and execution. Successively, I deal with conditional prison sentence, pecuniary punishment, community service and home arrest. Final subchapters of these...
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The probation and mediation as a form of work with juvenile offenders
Benešová, Pavla ; Lorenzová, Jitka (advisor) ; Sedláčková, Daniela (referee)
The aim of diploma thesis "Probation and mediation as a form of work with juvenile offenders" is to elaborate the social pedagogic aspects of probation and mediation activities. It is intended to be a theoretic study and is divided into five chapters. The opening chapter is concerned for causes of delinquent beaviour and offers an enumeration of factors causing the uprise of this kind of behaviour among youth. The second chapter aims at possibilities of juvenile criminality prevention. The third chapter is employed with an institution of Probation and Mediation Services, which plays an important role on the field of terciary prevention of juvenile criminality. Fourth chapter treats with concrete ways of work of probation officers with their clients. Their work is analysed in the last chapter emphasising the social pedagogic potential of probation and mediation activities. It also mentions a possibility of social support in the work of probation officers.
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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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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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The opinions of law enforcement authorities to institute of the probation and mediation service in the Czech legal system
Kohoutková, Eva ; Cejp, Martin (advisor) ; Rozum, Jan (referee)
This thesis is concentrated on the detection and evaluation of views and experience of the institutions active in criminal procedure, namely the representatives of district courts, district prosecutions, municipal police departments of the Czech Republic and the Penitentiary of the Czech Republic. Furthermore, it deals with the position of the Probation and Mediation Service in the Czech legal system and its integration into criminal justice system. This domain is examined under three defined indicators: abbreviation of procedure, decrease of prison population and the impact of the social work implementation in justice on the offender resocialization. The investigated area was selected on the basis of study practices executed in the Probation and Mediation Service departments in Jablonec na Nisou and in Liberec, in the Prison Rýnovice and also partly by reading of expert essays, in which the results of researches concentrated on these areas are evaluated very contrarily. To achieve the objectives of the study was used a case study on probation centers in Jablonec nad Nisou and Liberec, the results were compared with a nationwide questionnaire survey.
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Settlement in criminal proceedings
Hegerová, Klára ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The topic of this diploma thesis is the settlement in criminal proceedings, one of diversions, or also alternatives to typical course and outcome of criminal proceedings. The settlement was incorporated into the Czech Criminal Procedure Code by the amendment n. 152/1995 Sb. with the effect on 1st September 1995. The settlement is an institute of criminal procedure law originating in restorative justice principles and its goal is to restore affected relationship between the defendant and the victim. Then proceedings of the settlement should not serve only to compensate the victim, as is sometimes perceived by the public, but also to clarify causes of the conflict during the active participation of both parties and to assume personal responsibility for the crime committed which may have significant effects in terms of criminal prevention. Despite the fact that the settlement is a form of diversion beneficial to the defendant (it leads to cessation of prosecution), victim (it is faster to obtain the compensation) and society (prevention from committing other crimes, relieving courts in favour of complex and serious crimes), it is rarely used in practice. In the first chapter I generally deal with the concept of diversions in criminal proceedings, their fundamental characteristics and common features...
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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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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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THE PROBATION AND MEDIATION SERVICES IN CR
VEJSLÍKOVÁ, Markéta
My thesis concerns the process and development of Probation and Mediation Service in both Czech and international context. The theoretical part firstly deals with explanation of main expressions of probation and secondly informs about its historical development. The following part explains Restorative Justice, because it is the starting point of the establisment of the institute of Probation and Mediation Service. This part also defines the idea of Restoration Justice and describes the principals, programs, importance and targets of Restoration Justice. Next part of the thesis deals with Probation and Mediation Service in both Czech and international context. It also describes the cooperation of Probation and Mediation Service with authorities and other institutions. It informs about targets and functions of this service, rights and duties of the office workers and assistants, tools and methods of Probation and Mediation Service workers. The last part of the thesis concerns probation and mediation activities. The following part shows the activities and carrying out the role of Probation and Mediation Service in practical examples to understand it clearly and easily. Casuistries 1, 2, 3 shows the activities of Probation and Mediation Service in mediation area. Casuistries 4, 5, 6 shows the activities if probation. The target of this thesis is the overall description of the function of Probation and Mediation Service with the help of bibliography and the act No. 257/2000 of the code about Probation and Mediation Service. The thesis answers the initial research question: What is the function of Probation and Mediation Service in the Czech Republic? In the research part of the thesis I chose the qualitative research strategy and document analysis for gathering the information and searching for the research question. I used the questioning method within the researched group. The questioning of the workers of Probation and Mediation Service pursued during February 2013. The questioning concerned the examined probation and mediation examples with respect to intructions regulating the procedure of the office workers and assistants PMS ČR in the area of performance of supervision over violent crimes perpetrators and the Methodic Standard PMS ČR in the areas of preliminary proceedings and criminal trial. The document analysis was created by individual mediation and probation examples. Three examples were chosen from mediation area as well as three examples were chosen from probation area. The result of the thesis concentrates on the description of the process of individual cases.The conclusion of the thesis contains the function of Probation and Mediation Service of the Czech Republic, the summary of individual cases and results and evaluation of the overall contribution of the thesis.
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