|
|
The issue of life imprisonment
Hanušková, Marta ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The purpose of my thesis is to analyse the life imprisonment and answer basic questions related to issue of this criminal sanction. It is necessary to study the life imprisonment from the perspective of the criminal law, but in the light of psychological and social aspects that are connected with the long-term imprisonment. The thesis is composed of six main chapters, which are divided into different subchapters. Each of these chapters is dedicated to several aspects of life imprisonment and this work is trying to give a global view of the life imprisonment. The Introduction is followed by Chapter One which defines the term and purpose of the punishment. This Chapter presents the history of the evolution of the punishment. This work describes development of the concept of the punishment from retribution and frighten to the modern comprehension that respects human rights and liberties. The work is pointing out the example of the remarkable Italian scientist Cesare Beccaria, who came with the modern comprehension of the punishment in the era of the Enlightenment. However, the modern view prevailed not earlier than in the 19th century. The Chapter One also explains the system of the punishment. The Chapter Two examines the death penalty. The death penalty is a sanction that must be compared with the...
|
|
|
The issue of life imprisonment
Polívková, Michaela ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The topic of this thesis is the issue of the life imprisonment and the main aim is to analyze this punishment in Czech legal environment and to point the possible improvements that could be done in this legal area. Since this kind of punishment has been involved in Czech system of punishments for only 24 years now, it gives enough space for its study and that is why I chose it as the topic of my thesis. This thesis consists of six main chapters. In the first one my task was to enlighten the meaning of the basic terms which are necessary to apprehend in order to be able to understand the problematic of punishments in general. Other half of this chapter is dedicated to the evolution of understanding the term "punishment" itself and the main opinions of the prominent philosophers such as Cesare Beccaria, Ch.L.Montesquieu, J. Locke and others. Second chapter describes the history of the highest penalty and criminal law in general in Czechoslovakia and Czech Republic in the years 1918 - 2009. In this period of time the significant historical events influenced the Czech law, especially the creation of independent Czechoslovak republic, the period of World War II, consequential rise of communism and its fall more than 50 years later..All of these events had main significance for the journey to death...
|
|
|
Problematics of extraordinary punishment
Hanák, Radim ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The main theme of my thesis is institution of extraordinary punishment and the way how it is comprehended by Czech law. While imprisonment for life can be imposed in almost all European countries and this punishment isn't systematicaly excluded from criminal codes, the Czech conception is different. Czech law not only states which crimes are punishable by imprisonment for life but also that said crimes must fulfil legal conditions which characterize offender's motivations, means of execution and consequences of said criminal offence. These legal conditions, that are part of czech law since 1961, are in the center of interest of my thesis in spite of the fact that in the past it was embodied by death penalty which is unallowable for today's standarts. Other possibilities of imposing imprisonment for longer period than legally determined are also mentioned together with the strictest ways of criminal law punishments of legal persons or persons that are less than 18 years old. Other aims of this thesis are exploring of extraordinary punishment history (in terms of both death penalty and imprisonment) and comparation with current legal order. Domestic legal adaptation is evaluated from international and constitutional point of view, since life imprisonment can be rated as inadmissible by European...
|
|
|
The issue of life imprisonment
Polívková, Michaela ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The topic of this thesis is the issue of the life imprisonment and the main aim is to analyze this punishment in Czech legal environment and to point the possible improvements that could be done in this legal area. Since this kind of punishment has been involved in Czech system of punishments for only 24 years now, it gives enough space for its study and that is why I chose it as the topic of my thesis. This thesis consists of six main chapters. In the first one my task was to enlighten the meaning of the basic terms which are necessary to apprehend in order to be able to understand the problematic of punishments in general. Other half of this chapter is dedicated to the evolution of understanding the term "punishment" itself and the main opinions of the prominent philosophers such as Cesare Beccaria, Ch.L.Montesquieu, J. Locke and others. Second chapter describes the history of the highest penalty and criminal law in general in Czechoslovakia and Czech Republic in the years 1918 - 2009. In this period of time the significant historical events influenced the Czech law, especially the creation of independent Czechoslovak republic, the period of World War II, consequential rise of communism and its fall more than 50 years later..All of these events had main significance for the journey to death...
|
|
|
The issue of life imprisonment
Březinová, Kristýna ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
ISSUE OF THE LIFE IMPRISONMENT SUMMARY The purpose of this diploma thesis is to analyse the issue of life incarceration and some of the matters, which are related to this kind of punishment. I have decided to choose this topic because I have always been interested in the question of how society should punish the most serious crimes. Moreover, this punishment was introduced into the Czech legal framework not that long time ago, so in my opinion, there is still much space for its improvement. The life incarceration, which is the severest punishment possible within the Czech legal frame-work can be imposed by court only in the cases of the most serious crimes such as aggravated murder, terrorist attack or high treason. It was implemented in 1990 by the Criminal Code Amendment Act, which abolished the death penalty and replaced it with the life sentence. This thesis is divided into seven main chapters. The first part defines the basic terms, also it explains the purpose of punishment and deals with the system of punishments available according to our Criminal Code. Next chapter shows us briefly the evolution of punishments, especially of the life imprisonment, from the oldest civilizations up to the present. The third and fourth part are the core parts of this thesis, because they concern with the actual...
|
|
|
The issue of life imprisonment
Hanušková, Marta ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The purpose of my thesis is to analyse the life imprisonment and answer basic questions related to issue of this criminal sanction. It is necessary to study the life imprisonment from the perspective of the criminal law, but in the light of psychological and social aspects that are connected with the long-term imprisonment. The thesis is composed of six main chapters, which are divided into different subchapters. Each of these chapters is dedicated to several aspects of life imprisonment and this work is trying to give a global view of the life imprisonment. The Introduction is followed by Chapter One which defines the term and purpose of the punishment. This Chapter presents the history of the evolution of the punishment. This work describes development of the concept of the punishment from retribution and frighten to the modern comprehension that respects human rights and liberties. The work is pointing out the example of the remarkable Italian scientist Cesare Beccaria, who came with the modern comprehension of the punishment in the era of the Enlightenment. However, the modern view prevailed not earlier than in the 19th century. The Chapter One also explains the system of the punishment. The Chapter Two examines the death penalty. The death penalty is a sanction that must be compared with the...
|
|
|
Criminal recidivism
Vejběrová, Andrea ; Císařová, Dagmar (advisor) ; Šámal, Pavel (referee) ; Kalvodová, Věra (referee)
The submitted work, as follows from its title, is concerned with criminal recidivism, in the first part primarily from a criminological perspective, while the second part of the work then deals particularly with the perspective of criminal law. As there has been a tendency to neglect recidivism in the professional literature in recent years, this work attempts to provide an overall summary of the subject of criminal recidivism while endeavouring to mention the most important aspects that are closely related to recidivism. Consequently, the introductory part of the work is devoted to a general delimitation of criminal recidivism and its various forms. The work attempts to make a basic excursion into this subject area while simultaneously endeavouring to evaluate the effectiveness of the commonest approaches employed in connection with criminal recidivism, primarily in relation to the current legislation in this country and abroad. In the context of foreign legislation and especially of the application of life sentences in the most serious cases of recidivism in some countries (including the former legislation in the Czech Republic) as obligatory punishment, considerable space is devoted here to the "three strikes law", which is applied primarily in the U.S.A. and, recently, also by our Slovak...
|
guest ::
