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Alternative punishments as institutes of criminal law in the Czech Republic, their meaning and use in praxis
Neužil, Zdeněk ; Bohuslav, Lukáš (advisor) ; Richter, Martin (referee)
Příloha k rigorózní práci "Abstract" Title: Alternative punishments in criminal law - purpose and use in praxis Topic: Criminal law Author: Mgr. Zdeněk Neužil Abstract This rigorous thesis deals with the topic of alternative punishments and their use within the penal system of criminal law. Alternative punishments are generally defined as punishments (criminal sanctions) that are alternatives to the custodial sentence (unconditional imprisonment) served in prison. The fundamental attribute of alternative punishments is therefore the fact that the application of alternative punishments does not involve the offender's removal from the society and their isolation in prison. The subject matter concerning alternative punishments within the domain of criminal law has garnered increasing significance in recent years. This surge in interest is attributed to the augmented focus on punitive measures, namely criminal sanctions, that do not necessitate immediate imprisonment. In fact, the main benefits of alternative punishments include the elimination of the negative effects related to imprisonment, the reduction of financial costs associated with imprisonment and supporting the use of prison capacities for offenders who commited the most serious crimes. The main objective of this rigorous thesis is to provide a...
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Alternative punishments
Soukupová, Zlata ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The general aim of this work was to develop an analysis of current legislation Institutes of alternative sentences of imprisonment, to analyse their place in the Czech legal environment, to identify problems and to summarize the proposals de lege ferenda , which could be a compass or anticipated future solution of this problem . Unquestioned issues of criminal policy are a big increase in crime along with its new forms, overloading the courts, krescentní percentage of recidivist offenders. It should be stoic resist thinking; lax approach will be rewarded crisis imprisonment. Endless storage imprisonment as punishment universal and comfortable the whole situation is getting worse and dishonoring approach.
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House arrest punishment, its execution and control
Balík, Tomáš ; Tlapák Navrátilová, Jana (advisor) ; Tejnská, Katarína (referee)
House arrest punishment, its execution and control Abstract This diploma thesis deals with the punishment of house arrest as an alternative to imprisonment and its enforcement and control. Its main objective is a comprehensive analysis of the effective legislation. A sub-objective is to take a closer look at the control of the execution of the sentence of house arrest, to explain the essence of electronic monitoring and, among other things, to try to find out what has caused this punishment to be imposed relatively infrequently despite the active operation of the electronic monitoring system. Last but not least, the author attempts to evaluate the current legislation and present solutions to the identified problems. In addition, he provides insights into house arrest in selected foreign jurisdictions. The structure of the thesis is divided into six chapters, apart from the introduction and conclusion. First, some terms that are closely related to the punishment of house arrest are defined, namely the concept of punishment and its purpose, the system of punishment and alternative punishments. The next section provides a brief outlook on the history of house arrest sentencing and monitoring, with increased attention to the history of electronic monitoring. The next part thoroughly discusses the legal...
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Alternative punishments
Smolová, Veronika ; Krupička, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Alternative punishments Abstract This careful study is devoted to the issue of imposing alternative punishments in the Czech criminal justice system, in particular the imposition of house arrest. The aim of this work is to analyze the imposition of proposed alternative punishments in the Czech Republic and also to describe the current state punishment system. When examining the sentence of house arrest, I focus mainly on the performance of its control (electronic monitoring). The work is divided into six separate chapters. The first chapter is a theoretical introduction to the given issue and in it I discuss the definition of punishment, its purpose, systematics and principles of its imposition. The second chapter analyzes the starting points of alternative punishment and the principle functions of restorative justice, probation and mediation. In the third chapter, I focus on the development of regulation in legal punishment in the Czech Republic, especially with regard to alternative punishments. I mainly analyze the legislation since the adoption of the Criminal Code of 2009, including subsequent amendments. In the fourth chapter, I pay attention to the statistical development of imposed sentences in the Czech Republic. I present the statistics of all persons sentenced to house arrest and other...
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Alternatives to unconditional imprisonment
Hrstka, Josef ; Tlapák Navrátilová, Jana (advisor) ; Říha, Jiří (referee)
Josef Hrstka: Alternatives to unconditional imprisonment Abstract The main purpose of this thesis called "Alternatives to unconditional imprisonment" lies in the evaluation of the current alternatives to unconditional imprisonment in the Czech penal law focusing mostly on the substantive aspects of alternative punishments in the narrower conception. Author tried to present proposals based on studying literature, laws, judicial decisions and comparison with foreign legislations, which could lead to improving Czech legal regulation in this area. The thesis is composed of 8 chapters. In the introductory chapter readers are informed about content of the thesis, purpose of the thesis and methods used. Next three chapters deal with topics related to the purpose and functions of punishment, the benefits of alternatives to imprisonment and factors, which counteract against the efforts to reduce prison population. Author deemed necessary to analyze purpose of punishment, before he examined specific alternatives. Author tried to show that some conception of the purpose of punishment supports the use of alternatives to imprisonment, but attention must be also paid to social and economic conditions of offenders. He pointed out that the economic advantages of alternatives must be taken only as a supportive argument not...
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Alternatives to unconditional imprisonment
Knotková, Jana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The thesis is devoted to the issues of alternative punishments, this means punishments replacing unconditional sentence of imprisonment in the Czech Republic. It is divided into two parts, the introduction and the conclusion. The first part discusses the theoretical concept of punishment; the basic theories of punishment are mentioned briefly. It deals especially with the functions of punishment, as defined by the famous Czech penologist Oto Novotny in his monograph About Punishment and Prison system. Novotny identifies 8 basic functions of punishment, which cannot be strictly separated in his interpretation and that form mutually linked complex, which leads to the only target - protecting society from crime. The second part, which can be considered centre of gravity of this thesis, describes the regulation of alternative punishments in the Czech legal order. The explanation is selectively focused on the conditional sentence of imprisonment, also on the conditional sentence of imprisonment with supervision, community service order, fine punishment, house arrest and a ban on attending sports, cultural and other social events. Equally important is the discussion of the Probation and Mediation Service, its anchorage in the Czech legal order and the rights and obligations of the Probation and Mediation...
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Probation and its Elements in the Czech Legal System
Neubertová, Kateřina ; Gřivna, Tomáš (advisor) ; Tlapák Navrátilová, Jana (referee)
At present, number of developed countries seeking alternatives to punish the perpetrators. As an alternative to unconditional sentence of imprisonment is called probation and this institute is a central issue this rigorous work. Regularization of probation can be found in Act No. 257/2000, Coll. the Probation and Mediation Service, as amended. The performance of probation is authorized Probation and Mediation Service, respectively their individual centers. This rigorous work is divided into two parts, namely the theoretical and practical. The theoretical part includes the interpretation of terms associated with probation and its performance, a description of the Probation and Mediation Service, an analysis of existing legislation with regard to the institutions in which it is applied, and description probation activities in Great Britain. In the practical part of the study was used knowledge and information that I gained during visits the Probation and Mediation Service in Rokycany.
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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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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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