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House arrest
Kasalová, Petra ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The presented thesis deals with the alternative punishment of house arrest, which became the part of the system of criminal sanctions when the new Penal Code came into force on 1st January 2010. The purpose of this thesis is to summarize current valid and effective legislation of this institute, to describe its weaknesses, to evaluate the current judicial experience in imposing the punishment of house arrest and to suggest possible improvements of the current legislation considering the final conclusions. The introductory part of this thesis is divided into two chapters focusing on approaching the basic and the most important terms, especially the term of punishment and its purpose, alternative punishment, restorative justice and its principles. Related subjects such as criminal theory, the principles of sentencing and criminal system are explained to put the issue in a broader context and to clarify them. The first part of this thesis is concluded with the interpretations of the development of alternative punishment in our legislation and the foundations of the new codification of substantive criminal law. The second part of this thesis is focused in detail on the issue of the legislation of the punishment of house arrest. It is divided into four chapters, whose goal is a detailed analysis of...
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House Arrest Punishment, Its Execution and Control
Fialková, Jana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
House Arrest Punishment, Its Enforcement and Control According to the new Criminal Code the house arrest sentence has been introduced into the Czech legal order. The repeated incorporation of this institute into our legal order represents a reaction to the situation in our society - the so called crises of the custodial prison sentence. The causes of introducing of this punishment are e.g. the intention to ease the conditions in overcrowded prisons, to save substantial amounts of money, and last but not least, to maintain positive family and work relationships of the convict. House arrest belongs among alternative sentences, i.e. punishments not connected with confining somebody into prison, which nevertheless enable to reach the purpose of the punishment equally as imposing custodial prison sentence. House arrest represents the most severe alternative sentence, which is obvious from its inserting into the provision of § 52 Criminal Code right after imprisonment. House arrest occurs in two basic types, which are the programs called ,,Back-end" a ,,Front-end". Further we distinguish between house arrest forms connected with electronic monitoring and forms without it. From July 1, 2012 to November 30, 2012 "Experimental Electronic Monitoring of the Convicted Persons" took place, the results of which clearly...
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Electronic control system as an alternative to custody
Homolová, Karolína ; Bohuslav, Lukáš (referee)
Electronic control system as an alternative to custody Abstract In the framework of the criminal justice process, the scope of using technical means through electronic monitoring is worldwide very extended indeed, being applicated in all stages of criminal proceedings. Although the most frequent manner while analysing the electronic control is the house arrest or release from imprisonment by conditional parole, electronic monitoring system finds its purpose also in pre-trial detention. Arrest is intended to be an exceptional institute of criminal proceedings, only to be used as necessary and proportionate measure and in compliance with the presumption of innocence and the constitutional right to personal freedom. In accordance with this concept, it is necessary to consider all time in the duration of custody whether the reasons for pre-trial detention still last and whether it would not rather be replaced by some alternative. The first electronic monitoring permanent program was launched in Czech republic in September 2018, so we have only a few experiences in this field so far. The aim of this paper is to identify some best practices to enhance the effectiveness of electronic monitoring as an alternative to custody in the Czech legal order and also to propose an amendments to the legislation of this...
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Electronic control system as an alternative to custody
Homolová, Karolína ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Electronic control system as an alternative to custody Abstract In the framework of the criminal justice process, the scope of using technical means through electronic monitoring is worldwide very extended indeed, being applicated in all stages of criminal proceedings. Although the most frequent manner while analysing the electronic control is the house arrest or release from imprisonment by conditional parole, electronic monitoring system finds its purpose also in pre-trial detention. Arrest is intended to be an exceptional institute of criminal proceedings, only to be used as necessary and proportionate measure and in compliance with the presumption of innocence and the constitutional right to personal freedom. In accordance with this concept, it is necessary to consider all time in the duration of custody whether the reasons for pre-trial detention still last and whether it would not rather be replaced by some alternative. The first electronic monitoring permanent program was launched in Czech republic in September 2018, so we have only a few experiences in this field so far. The aim of this paper is to identify some best practices to enhance the effectiveness of electronic monitoring as an alternative to custody in the Czech legal order and also to propose an amendments to the legislation of this...
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House arrest, its execution and control
Říha, Jan ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
House arrest, its execution and control Abstract By reading this thesis, the reader will acquaint himself with the punishment of house arrest its execution and control and other connected legal concepts. The goal of this thesis is to summarize legislation pertaining to the above mentioned subject matter, to point out its faults and to propose improvements of the current legislation. The first part of this thesis refers to punishment in general. It investigates its core concepts and answers the question on how punishments differ from other legal sanctions. The first part also deals with the purpose of punishment and the system of punishment in framework of Czech criminal law. Alternative punishments, their principles and advantages are subject of the second part of this thesis. Furthermore, here I explore the concept of restorative justice, its principles and how restorative justice relates to alternative punishments. The punishment of house arrest itself is subject of part three of this thesis. Aside from history and current legislation, this part also deals with connected legal concepts which can be characterized as house arrest but are not punishments in legal sense. Moreover, third part is also where I examine various kinds of conversions associated with house arrest. The fourth part of this thesis zooms...
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Means of Substitution of Custody
Gantnerová, Anna ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
91 Abstract - Means of substitution of custody The topic of this thesis are the means of substitution of custody. The institute of custody is a very actual topic that is developing dynamically and is still controversial. Thanks to both domestic and international courts, the standard of protection of basic human rights keeps increasing and custody is therefore considered an extreme securing measure that can only be used in case there are no usable milder means. The aim of this thesis is to introduce these means of substitution of custody, stating their issues in theory and in praxis, their critical evaluation and suggestions de lege ferenda. The first chapter of this thesis focuses on general characteristics of custody and conditions of its use. The first chapter is a crucial part of the thesis as the means of substitution of custody directly relate to the institute of custody itself. The second chapter of this thesis focuses on the development of individual means of substitution of custody. It is a rather brief overview of the most significant amendments to legislation. In the author's opinion though, to correctly understand the current legislation concerning means of substitution of custody, it is necessary to be aware of the historical context of the establishment and use of these means. The third and...
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House arrest, its execution and control
Kolert, Pavel ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
House arrest, its execution and control Abstract The presented diploma thesis deals with the alternative punishment of house arrest. This punishment became the part of Czech penal system when the new Penal Code came into force on the first of January 2010. The aim of this diploma thesis is to summarize valid substantive and procedural legislation of this alternative punishment, to evaluate its advantages and disadvantages and to propose possible changes and improvements of weaknesses of current legislation. First three parts of this diploma thesis are focused on essential concepts, such as punishment, purpose of punishment and its functions, alternative punishments, their introducing to legal orders, negative aspects of custodial sentence and explanation of retributive and restorative conception of justice. Following parts are focused on issues related to valid legislation of house arrest punishment. These parts are major essence of the thesis. In the fourth part of this thesis there is analysed evolution of this punishment and there are described and explained requierements for this punishment. In this part there is also explained the essence and the content of house arrest and issues linked to house arrest execution. The fifth part is dealing with house arrest control and it is divided into two chapters....
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Alternative house arrest in the Czech Republic and in England and Wales
Kábrtová, Barbora ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Home detention as an alternative sanction in the Czech Republic and in England and Wales This thesis mainly aims on describing certain type of punishment generally called home detention and it's different forms that it takes within the jurisdiction of England and Wales and the Czech Republic. The main purpose of this thesis is to provide overview of those variants of home detention alongside with description of requirements that need to be fulfilled so that the home detention may be imposed. This thesis also provide description of processes of execution of home detention and description of processes that are triggered when conditions of home detention are breached in both England and Wales and the Czech Republic. Comparison of Czech and English forms of home detention shall highlight deficiencies existing mainly in Czech legislation. This thesis is divided into four main chapters that deal with various issues relating to the main topic of this thesis. Meaning of the term of punishment is explained in the first chapter of this thesis, focusing mainly on purpose and function of punishment. Punishment is also explained from the historical point of view, providing overview of evolution of punishment throughout the years and explaining the rise of alternative sanctions. Special attention is given to...
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House arrest as an instrument of penal policy
Králová, Lucie ; Cejp, Martin (advisor) ; Vávra, Martin (referee)
This thesis, dealing with "House arrest as an instrument of penal policy", reflects problems of ineffective system, increasing the number of prison sentences imposed, exceeding prison capacities and consequential violation of fundamental human rights. In response to improperly configured system of penal policy, in 2010 a new Act no. 40/2009 Coll., The Penal Code was implemented, introducing new institute of house arrest to the Czech justice system. Philosophy of house arrest is in punishing the perpetrator, while maintaining positive relationships that would be otherwise disrupted by his imprisonment. Presented thesis evaluates the implementation of the punishment, reflects benefits, disadvantages and actual barriers in its successful implementation, using expert interviews.
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Alternative punishments with focus on the house arrest sentence
Hofrichter, Tomáš ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The thesis deals with the alternative punishments with focus on the house arrest sentence. This type of punishment was introduced as part of the criminal sanctions system by the Penal Code which came into force on 1st January 2010. The aim of this thesis is to summarize the valid and effective legislation regarding the house arrest sentence, to evaluate its advantages and disadvantages and to propose potantial improvements to the current legislation. The first part of this thesis is divided into three chapters (1-3) which give a brief summary of the basic and concurrently most important terms such as punishment and its purpose, alternative punishments, restorative justice and its principles etc. The first part of the thesis ends with the analysis of the development of alternative punishments in our legislation. The second part of the thesis concentrates in detail on the issue of the house arrest sentence legislation. It is divided into four chapters (5-8), whose objective is a comprehensive analysis of the valid and effective legislation, comparison of the Czech legislation to the foreign legislation with regard to the house arrest sentence, the issue of supervision of the execution of the house arrest sentence and its advantages and disadvantages.
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