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House Arrest Punishment, Its Execution and Control
Matějková, Martina ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The purpose of this thesis is to analyse the legal issues of the sentence of house arrest. The author deals with the importance of house arrest for restorative justice, the role of this sentence among alternative sanctions to imprisonment and the legislation in the Czech Republic in her thesis. She also focuses on the history of house arrest, experience from abroad and the advantages and disadvantages of this punishment. Part of the work is devoted to the Probation and Mediation Service and Electronic monitoring.
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House Arrest , Its Execution and Control
Budinská, Jana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The diploma thesis analyses a new alternative sentence - house arrest, which was implemented to the Czech legislation by the new Criminal Code effective from January 1, 2010. Chapter One introduces the reader to the concept of punishment and the idea of restorative justice as the basis of alternative sentences. Chapter Two focuses on the history of house arrest including the beginnings of electronic monitoring. Chapters Three to Five are the most significant parts of the thesis because they provide the analysis of substantive and procedural regulation of house arrest punishment and its execution. The author highlights potential problems and tries to make recommendations de lege ferenda. Chapter Six describes the control process of house arrest enforcement provided by Probation and Mediation Service and the electronic monitoring systems available in the world. In the last chapter the author shows the experience of some European countries with the house arrest punishment and especially with the implementation of electronic monitoring which could be inspiration for the Czech Republic.
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House Arrest Punishment, Its Execution and Control
Grenar, Tomáš ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The aim of this thesis is to analyse the house arrest punishment as one of the alternatives to the imprisonment and to map the contribution of this punishment for the Czech criminal law. This thesis offers a short view in to history of this punishment. The main part of this thesis is an analysis of substantive and procedural legal regulation and analysis of the conditions for imposition of the house arrest punishment and its execution. Space is given also to Probation and Mediation Service of Czech Republic, because it plays an important role during the imposition of the punishment and its execution. Author of the thesis focuses also on comparing advantages and disadvantages of the punishment and he tries to compare both systems of control. One chapter is given to overview several foreign legal regulations.
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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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House Arrest Punishment, Its Execution and Control
Fiedlerová, Dana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
This thesis deals with the house arrest sanction which is one of alternatives of the unsuspended sentence of imprisonment. The author tries to summarize accessible information on the history of house arrest and electronic monitoring. The main aim of the thesis is to briefly present substantive and procedural legal regulation of the house arrest sentence in the Czech Republic. This thesis also covers other issues such as the role of the Probation and Mediation Service in the process of imposing the sanction of house arrest and in the enforcement of this sanction, advantages and disadvantages of house arrest and the outline of legal regulation of house arrest in some other states.
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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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Execution of the house arrest punishment in South Bohemain country
ZDRHOVÁ, Blanka
In connection with recodification tendencies ,many changes were made in the field of criminal law as of January 1,2012. One of the most important changes in this field was passing a new alternative punishment of house arrest. The theoretical part of the thesis mentions a purpose of the punishment and describes its role , defines current legislation of house arrest , conditions for the punishment, way of checking it . It also includes a brief look at house arrest abroad and describes activities of Probation and Mediation Service when implementing this punishment. The author describes electronic monitoring in the last chapter of theoretical part . Practical part of the thesis introduces a comprehensive overview of house arrest use in South Bohemian judicial county. The thesis was supported by available specialized literature, articles, judicature and internal methodology of Probation and Mediation Service.
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The punishment of homeprison as a form of the offender´s rectification
FIŠEROVÁ, Petra
Each human society creates during its existence a system of reactions against undesirable activities of persons, who break the rules of the smooth passing of a particular community and contravene the standards and values of the community. The view of these reactions {--} punishments, changes over time and also with a respect to culture of the community or the state and its approach to an individual and his rights. In the past, the forms of punishments were, and in some countries still are, mainly primitive, such as amputations of body parts. However, the civilised world, especially, in case of non-arrestable offences, tends to prefer non-custodial service, such as home detention. Home detention as a form of penalty has been used in various alternatives for many years in countries such as Italy, Germany etc. However, the Czech legal system did not allow to impose this penalty until 2010. This form of penalty should facilitate the situation in Czech crowded prisons. It might be imposed on thousands of the sentenced a year and, at the same time, it would save money of the tax payers. The thesis deals with the legislative framework, where the home detention belongs and it is also focused on the fact how the other states, where home detention has been applied for years, have adopted this form of penalty. The objective of the Probation and Media Service of the Czech Republic is also mentioned in this work. The theoretical part of the thesis is divided into two parts {--} the first part deals with the punishment in general, the other one is focused on home detention in particular.
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