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Protective Treatment and Secure Detention
Řepková, Dita ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee) ; Nett, Alexander (referee)
PROTECTIVE TREATMENT AND SECURE DETENTION This thesis addresses the legislation governing protective treatment and secure detention, which in Czech criminal law is one of the protective measures that have become an integral part of Czechoslovak and Czech criminal codes since 1950. I focused on a detailed analysis of the current legislation of protective treatment in the form of either outpatient, or institutional and secure detention. The aim of the thesis was to evaluate whether the legislation of both measures would stand from the point of view of the principle of subsidiarity of secure detention in relation to protective treatment, not only in the interpretation of statutory provisions, but particularly in their application by the ordinary courts. I have examined the decisions of the ordinary courts regarding case law of the Constitutional Court and the European Court of Human Rights. To address this issue, I have used both standard and classical methods and techniques of criminological research, in particular document analysis and an analysis of available statistical data from the official departmental databases of the Czech Ministry of Justice and the Czech Prison Service. The legislation of these measures was also examined from the point of view of an historical analysis of legal documents. A...
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The reflection of the Anglo-American institute of the agreement on guilt and punishment in the chosen European countries
Pavlát, Josef ; Mulák, Jiří (advisor) ; Heranová, Simona (referee)
The reflection of the Anglo-American institute of the agreement on guilt and punishment in the chosen European countries Abstract The goal of this thesis is to describe which elements of an Anglo-American institute of the agreement on guilt and punishment (represented by the American federal legal regulation as the most influential regulation of this institute) are reflected in legal regulations of an agreement on guilt and punishment in chosen European countries (Slovakia and the Czech Republic) by a detailed analysis of particular legal regulations. This thesis is supposed to inform about the history of the institute of the agreement on guilt and punishment in countries of its origin (England, Wales and the USA) including its spreading into countries with European continental law tradition. The thesis is systematically divided into four chapters. The first chapter discusses the history of the institute of the agreement on guilt and punishment and individual subchapters describe historical development in the USA, historical development in England and Wales including its spreading into countries with European continental law tradition, the author also gives reasons why this is happening. The second chapter is focused on defining of key concepts of the thesis which are 'plea bargaining', the agreement on...
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Crime of Evasion Alimony Payments under s. 196 of the Criminal Code
Hamrová, Veronika ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
1 Název práce v anglickém jazyce Crime of Evasion Alimony Payments under s. 196 of the Criminal Code Abstract The diploma thesis is about the crime of evasion alimony payments according to § 196 of the Criminal Code and other questions related to this issue. The aim of this work is to provide a comprehensive explanation of the crime of evasion alimony payments. The work is primary about on the individual signs of this crime, its connection with civil law, where the rights are enshrined and the issues of alternative alimony payments and possible decriminalization of the crime of evasion alimony payments according. The crime of evasion alimony payments is one of the most frequently committed crime in the Czech Republic. The purpose of this legal regulation is the interest in the proper fulfillment of the alimony payments, especially in the fulfillment of the alimony payments towards dependent children. The work is divided into eight chapters. The first chapter deals with the historical development of the crime of evasion alimony payments from the period of 19th century until now. The second chapter presents the legal definition of the crime of neglect of evasion alimony payments and categorizes this crime according to various aspects. It also provides an overview of regulations related to it, with emphasis on...
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Imposition of punishments on adults
Pechan, Richard ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Imposition of punishments on adults Abstract This work is focused on the topic of imposition punishments on adults. The first part defines the concept and purpose of punishment. The characteristics of these concepts are a prerequisite for understanding the following chapters. Retributive, utilitarian and mixed theories of punishment are defined here. The individual functions of punishment are also described here. Another chapter is devoted to the principles of sentencing. The core of the work deals with the gradual analysis of individual criteria that the court takes into account when imposing punishments, together with issues of mitigating and aggravating circumstances. In the final part, attention is paid to the concurrence of crimes, recidivism and their punishment. This part begins with a definition of simultaneity and further elaborates on the three main principles governing the imposition of punishment. Finally, it also provides a detailed overview of the legal concepts of concurrent and aggregate sentences. The thesis is supplemented by selected judgments of the Constitutional Court and the Supreme Court. The main goal of this work is to collect and provide as much information as possible on the issue of imposition of punishments on adults, as well as to analyze the theoretical foundations of this...
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Imposing punishments on adults
Koubová, Michaela ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Imposing punishments on adults Abstract This thesis deals with the imposition of punishments on adult offenders. The introductory chapters are devoted first to the definition of the concept of punishment and its position in relation to protections measures, and then to the system of punishment, within which the different types of punishment and their classification according to various criteria are discussed. A substantial part of the work is devoted to the interpretation of the issue of the purpose of punishment, which is the starting point for the imposition of punishment. The purpose of punishment is described using the three main theories of punishment, namely retributive, utilitarian and mixed theories. These theories, their approach to the purpose of punishment and their historical development are discussed in more detail, including their various modifications. This chapter also deals with the purpose of punishment in the Czech legal system and, in connection, with the question of the primary and secondary purpose of punishment. This chapter also includes a separate discussion of the issue of general and individual prevention, which is important in terms of distinguishing the different approaches to the purpose of punishment according to the above-mentioned theories of punishment. Closely related to...
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Legal regulation of alternative punishments
Příhodová, Kristýna ; Heranová, Simona (referee)
Legal Regulation of Alternative Punishments Abstract This rigorous thesis deals with the legal regulation of alternative punishments. It focuses on a group of alternative punishments in the narrower sense, which includes conditional sentence to imprisonment including conditional sentence to imprisonment with supervision, house arrest, community service and financial penalty. The aim of the thesis is to analyze the Czech legal regulation of alternative punishments in the narrower sense de lege lata, compare it with the Dutch legislation, define controversial issues and conclude whether the current wording of the relevant legal provisions is sufficient or will need to make de lege ferenda some changes. The text of the thesis is divided into seven chapters. The first chapter describes the problems of unconditional imprisonment, defines alternative punishments and related concepts and distinguishes alternative punishments from other alternative methods of solving criminal cases. There is also a brief historical excursion into the development of alternative punishments, both at the international level and within the framework of Czech criminal law. The concept of restorative justice is also mentioned. Furthermore, the work deals with individual alternative punishments in the narrower sense. First, the legal...
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Verbal hate speech and the legitimacy of its criminal punishment
Geržičák, Martin ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Verbal hate speech and the legitimacy of its criminal punishment Hate speech has been enjoying an elevated level of media attention in the last few years. These biased expressions of hate - most often verbal - targeted against specific groups of people are a manifestation of social antagonisms and as such, disturb public order and coexistence of people; furthermore, they are often associated with issues of prejudice, bias-motivated violence, xenophobia, discrimination, and extremism. Criminal punishment of this type of expression is already possible today and it can be reasonably expected to become increasingly important. The purpose of this thesis is a critical review concerning the legitimacy of criminal punishment of verbal hate speech in the Czech Republic, including identification of troublesome elements of the current legislation. Conclusions of this review shall stem primarily from the legal analysis of constituent elements of relevant crimes, commentary literature, jurisprudence and legal literature related to the topic. The first chapter aims to explain the central concepts - hate speech, verbal hate speech and the relationship between them. A closer look is given to the phenomenon which links these concepts together and, at the same time, constitutes an inherent part of them both: biased...
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Plea of Guilty as a Diversion in Criminal Proceedings
Rybářová, Edita ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
1. Plea of Guilty as a Diversion in Criminal Proceedings 1.1.Abstract The plea of guilty has been one of the most discussed topics polarizing the Czech professional and lay public. In 2019, the plea of guilty celebrated seventh anniversary of its existence in the legal framework of the Czech Republic, but it could be hardly described as "lucky" seven within its existence. What are the reasons for the failure of the plea of guilty is the essential task of this thesis. First of all, the thesis deals with forms of diversions in criminal proceedings and their history. Nevertheless, even after seven years of application practice, the professional community is not in a position to agree whether to place the plea of guilty in diversions in criminal proceedings or whether the institute is so specific that it should be assigned to another group of proceedings or perhaps be perceived entirely independently. Given the not entirely simple process of negotiating the plea of guilty in the environment of the Czech Criminal Procedure Code, the thesis also deals with the individual steps of the negotiation process and the formal and material features of the plea of guilty in general. It also affects all conditions and exceptions related to the plea of guilty so as to specify in which cases the plea of guilty cannot be...
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The Imposition of Unconditional Imprisonment and Related Matters
Bělohlávková, Eva ; Vokoun, Rudolf (advisor) ; Heranová, Simona (referee)
The Imposition of Unconditional Imprisonment and Related Matters Abstract This rigorous thesis deals with selected aspects of the imposition of unconditional imprisonment. This punishment is universal, subsidiary and generally the most severe punishment that can currently be imposed in the Czech Republic. It is executed in two types of prisons: prisons with security and prisons with high security. In this rigorous thesis, attention is drawn to problematic issues related to the imposition of unconditional imprisonment encountered in practice, which arise from certain inherent imperfections in the legislation. Apart from the theoretical concept of imprisonment itself, the work examines the institutes of exceptional reduction and exceptional increase of imprisonment, as well as the decision-making process for executing unconditional imprisonment. As regards systematization, the goals and structure of this thesis are set out in more detail in the introduction. The thesis is divided into three main parts, which progressively examine imprisonment, how it is imposed and the decision-making process, including related problems. In the chapters and subchapters of the first part, the concept of imprisonment, its position among other criminal sanctions, its philosophical background, purpose and functions are addressed....
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Current issues on imposing a pecuniary punishment and its performance
Hlavatá, Michaela ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
This diploma thesis deals with the issue of a pecuniary punishment with a focus on the latest amendment in this area made by the Act No. 333/2020 Coll. The aim of this diploma thesis is to provide an analysis of the current legislation of pecuniary punishment, including an analysis of the causes of the low number of pecuniary punishments imposed. For the evaluation of the legislation the author used academic literature, case law and statistical data, while these sources showed that there is still room for improvement of the effective legal regulation. To understand the broader context, the reader will find in the first part general introduction to the issue of a pecuniary punishment. In this part the diploma thesis also deals with the advantages and disadvantages of a pecuniary punishment and analyses practice. The following second part focuses on regulation of pecuniary punishment in the substantial law. It describes the legal requirements for the imposition of a pecuniary punishment, deals with the drawbacks of the daily-fine system and also defines the range of crimes punishable by a pecuniary punishment. The third part deals with the procedural regulation of a pecuniary punishment. In particular, it focuses on the role of the public prosecutor in imposing a pecuniary punishment, draws attention...
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