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Alternatives to unconditional sentence of imprisonment and their comparison with the French legislation
Kocourková, Kristýna ; Šelleng, Dalibor (advisor) ; Pelc, Vladimír (referee)
This thesis deals with alternatives to unconditional imprisonment. Since this is a very extensive topic, I have focused only on alternative sentences in the narrower sense of the term, namely conditional conviction, conditional conviction with supervision, house arrest, community service and financial punishment. The aim of this thesis is to analyse the Czech lawful legislation of alternatives to unconditional imprisonment, to compare it with selected French alternative sentences and to propose changes de lege ferenda. The thesis consists of an introduction, five chapters and a conclusion. The first chapter deals with the concept of punishment and its purpose. At the same time, this chapter outlines a general introduction to alternative punishments in Czech and French legislation. The second chapter deals with institutes related to restorative justice, namely probation and mediation. This chapter also describes the organisation of the Probation and Mediation Service. The third chapter focuses on individual Czech alternative punishments in the narrower sense. Individual subchapters are ordered according to the systematic of law. Within each subchapter the sentence is characterized, followed by a list of conditions under which the sentence can be imposed, as well as the conditions for the execution...
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Alternatives to unconditional sentence of imprisonment
Drastich, Michal ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
My master thesis deals with the topic of alternatives to unconditional sentence of imprisonment. It is a vast topic, thus I have focused on alternative sentences in the narrower sense of the term, in other words, suspended sentence of imprisonment, suspended sentence of imprisonment with surveillance, community service, financial penalty and house arrest. The goal of this thesis is to discuss lawful legislation of alternative sentences, to evaluate their practical usage and potentially, to suggest changes de lege ferenda, which could lead to higher rate of application of these sentences. The thesis consists of an introduction, seven chapters and a conclusion, where the three initial chapters are written in general sense. The first chapter is concerned about the term and the purpose of sentence. The concept of restorative justice, which provides us another way how to react to the criminal acting, is introduced as a part of this chapter, too. The second chapter focuses on unconditional sentence of imprisonment and issues of the short-term sentence. Furthermore, the term of alternative sentence is explained, including a brief commentary on actions of international organizations in this area, namely Council of Europe and UN. The development of these sentences in the Czech republic after 1989 is...
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House arrest, its execution and control
Suchomelová, Veronika ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The aim of this thesis is to give a comprehensive overview about the one of alternative sanction incorporated into the czech penal system with effect from 1 January 2010. The thesis devotes definition of general term "punishment", its help to better understanding of house arrest, the crux of this thesis. It aims to clarify the reasons for which legislator has decided to file this sanction to system of punishment, but also it aims to outline arguments standings against these procedure. The thesis also give a historical perspective about possibilities of using house arrest in the past. The primary aim of this thesis is focus on the current legislation of house arrest from the sight of substantive law and also procedural law. My attempt was describe several imperfections of legislation and propose the method to improve it alternatively. Part of the thesis devotes to Probation and mediation service considering to actually during of control the house arrest. Without this service the house arrest probably couldn't be ussed. The thesis is supplemented by probation officials opinions and by issues which they work with every day. With this matter also associate the provision of the act about electronic monitoring which still isn't in effect and actually situation of procurement to operator of electronic...
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Activities of the probation and mediation service in serving alternative sanctions
Vambera, Michael ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
This thesis, called Activities of the probation and mediation service in serving alternative sanctions aims to describe a role of the Probation and mediation service of the Czech Republic especially in serving alternative sentences, its legal base and problems, which may occur during these activities. Probation and mediation service of the Czech Republic is an organization which helps to apply the principles of the restorative justice and provides more effective exercise of the alternative sanctions. Different persons and institutions had been in charge with these tasks but the specialized Probation and mediation service is young, it has been established in 2001. The thesis consists of ten chapters, which deal with various partial topics. A separate chapter deals with a historical evolution of the alternative sanctions and probation. A part with the definition of the alternative sentence and a legal base of those sentences whose exercise is assured by the Probation and mediation service is an important chapter. The thesis also contains a description of the structure of the Probation and mediation service, rights and duties of its officers and awareness among Czech public. The longest chapter deals with practice of the probation officers during doing those tasks. In the end of the thesis there is a...
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Education and employment of people within penitenciary and postpenitenciary care
Sršňová, Pavla ; Šnýdrová, Ivana (advisor) ; Gruber, Jan (referee)
The aim of this bachelor thesis is to provide the reader with the insight into penitentiary and post-penitentiary care. It tries to describe the period of custodial sentence with its possible impacts on the sentenced person and the society. It puts a special emphasis on the purpose of custodial sentence which is a successful reintegration of prisoners back into the community and mitigation of the risk of their relapse. The importance of education and employment is stressed in this context and also within the programs for convicts and within post-penitentiary care. The thesis also describes specific groups of people that tend to appear in prisons and methods employed for their care. A special emphasis is put on individual approach to prisoners. The current trend of alternative sentencing is also mentioned. The thesis paints an overall picture of the contemporary conditions of the Czech prison service, including the possibilities of education and work activities in selected prisons. For these purposes the following sources are used - scientific literature, laws and regulations of the Czech Ministry of Justice and current statistics of the Czech Prison Service. In the conclusion there is an overview of suggestions for scientific work in some areas that deserve attention due to the long term effort of...
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House arrest and its perception by the offenders.
HRUŠKOVÁ, Hana
The present study summarizes the modern approach in the alternative sentence of the house arrest and its perception by the offenders. The study is divided into 2 parts ? theoretical and research. The theoretical part consists of characterization of the restorative justice, general definition and law framework of the house arrest in the Czech Republic and the work of the Probation agency regarding those sentenced to the house arrest. It also examines the house arrest sentence as defined around the world, compares the European and American model and summarize the current state of the electronic monitoring and the implementation of the electronic monitoring service in the Czech Republic. The research part investigates the subjective perception of the house arrest by the sentenced, their motivations for the cooperation with the Probation agency and the most painful restrictions of the home confinement over the weekends. The future of the house arrest in Czech Republic now rests with the implementation of the electronic monitoring and subsequent social reintegration of the offenders as done by the Probation agency.
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