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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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Alternatives to unconditional imprisonment
Brandeisová, Anetta ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The name of my thesis is Alternatives of unconditional sentence of imprisonment. Because of a very wide range of alternative of unconditional sentence of imprisonment, I concentrated on suspended sentence, community service, house arrest and fine. I tried to present proposals base on studying laws, judicial decisions, czech and foreign literature. My compulsory work also examines legal regulations in the other countries in order to confrontation with Czech legal regulation and contains de lege ferenda reflections. The Austrian legal regulations of alternatives to imprisonment have been chosen for the purpose of this work, because their systems are close to the system of Czech criminal law. The thesis is divided into six chapters and some of them are divided into subchapters for better clarity. The first chapter is concerned with the concept of punishing. It is subdivided into two other parts. The first one deals with term of the punishment and the second one describes the purpose of the punishment. The second chapter looks into the alternative forms in criminal law in general. This chapter is also subdivided into four parts, which describs one by one the development of the alternative forms, their system, the concept of restorative justice and last but not least the activity of the Probation and...
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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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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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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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The effect of selected types of penalties on the resocialization of convicts
Moudrý, Petr ; Bohuslav, Lukáš (referee)
The problem of resocialization of convicts and the effect of particular penalties on this process is a subject rather relatively neglected, but at the same time socially and legally fundamental. The success of the resocialization of offenders affects not only the entire criminal policy but also society as a whole. However, the view on this social dilemma is evolving over time. We do not longer examine the punishment as mere retribution, rather we expect it to protect society and have a positive effect on the convict. We also realize that most of the sentencing does not mean permanent exclusion from society. Therefore, the consequences of any sentence also affect us, the society. This phenomenon led me to analyze the three most severe sentences: imprisonment, house arrest, and community service. Gradually, I tried to investigate the outcome of the effects of these sentences on the offender's personality. During the analysis, I decided not to only benefit from the secondary data consisting of acknowledged publications, articles, studies, and concepts, but I also acquired findings from several interviews with experts within the sphere and convicts themselves. This allowed deep penetration into the topic not only from a theoretical point of view but also from a practical one. In the thesis, I critically...
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The effect of selected types of penalties on the resocialization of convicts
Moudrý, Petr ; Krupička, Jiří (advisor) ; Konrád, Zdeněk (referee)
The problem of resocialization of convicts and the effect of particular penalties on this process is a subject rather relatively neglected, but at the same time socially and legally fundamental. The success of the resocialization of offenders affects not only the entire criminal policy but also society as a whole. However, the view on this social dilemma is evolving over time. We do not longer examine the punishment as mere retribution, rather we expect it to protect society and have a positive effect on the convict. We also realize that most of the sentencing does not mean permanent exclusion from society. Therefore, the consequences of any sentence also affect us, the society. This phenomenon led me to analyze the three most severe sentences: imprisonment, house arrest, and community service. Gradually, I tried to investigate the outcome of the effects of these sentences on the offender's personality. During the analysis, I decided not to only benefit from the secondary data consisting of acknowledged publications, articles, studies, and concepts, but I also acquired findings from several interviews with experts within the sphere and convicts themselves. This allowed deep penetration into the topic not only from a theoretical point of view but also from a practical one. In the thesis, I critically...
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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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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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