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Alternatives to unconditional sentence of imprisonment
Košárková, Barbora ; Šelleng, Dalibor (advisor) ; Hořák, Jaromír (referee)
Alternatives to unconditional sentence of imprisonment This thesis examines selected alternative punishments to imprisonment. In particular, it focuses on home arrest (including electronic monitoring), community service and fines, in the context of the Czech and Dutch legislation. The first chapter describes the concept and purpose of punishment, while the first subchapter introduces the different concepts of punishment and the second subchapter presents the different theories of punishment, the purpose of punishment and its use in the legal system of the Czech Republic. The next three chapters are devoted to restorative justice, probation and mediation and finally to the concept of alternative punishment in general. Chapter five focuses on the regulation of alternative sentencing in the Czech Republic. It is divided into six subchapters, where, after a general introduction and introduction of an important amendment to the Criminal Code. The following three subchapters cover the punishment of house arrest, community service and fine. These subchapters are then divided into the historical development of the punishment in question, its characteristics and definition, the imposition of the punishment in question and the imposition of adequate duties and restrictions, the conversion of the punishment...
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Punishment of house arrest, its execution and control
Šarman, Dominik ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
The punishment of house arrest, its execution and control Abstract The thesis deals with the punishment of house arrest and topics closely related to it, especially its execution and control. The thesis elaborates on the findings of the relevant literature, namely textbook, commentary and monographic literature, and draws on scholarly articles that are an important source of information for this topic. There is also an analysis of available case law and statistical data. The thesis also widely uses internet sources. The thesis attempts to provide a comprehensive treatment of the topic by introducing the issue of punishment, followed by a detailed treatment of the legal regulation of all relevant phases of the imposition and execution of house arrest in the Czech Republic. Throughout the thesis, the author tries to present the pros of this punishment, analyses the shortcomings and facts that hinder the wider use of the punishment in the Czech Republic and reflects on its future direction. The thesis is divided into seven chapters, which proceed from the theoretical basis to the legal treatment of the institute itself and then deal with the execution and control of the execution of the sentence of house arrest, as well as other related issues. The introductory chapters offer an insight into the issue of...
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Alternatives to unconditional sentence of imprisonment
Lukáš, Marek ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
The subject of this master's thesis is a description of the current legislation and application practice of selected punishments that represent the main alternatives to the imposition of unconditional prison sentences. These punishments are house arrest, community service, financial penalty, suspended sentence of imprisonment and suspended sentence of imprisonment with supervision. Since each of the abovementioned punishments could be the subject of a separate master thesis, this thesis does not aim to describe the subject matter in detail, but rather to present the individual institutes in their mutual context, to compare their characteristic features, purpose, conditions, specifics of their execution, as well as their use in judicial practice. The thesis consists of eight chapters, three of which are of a general nature, four deal with individual penalties and the last one is devoted to de lege ferenda proposals. The first chapter defines the very concept of criminal punishment and its purpose. A substantial part of the chapter is devoted to the historical development of penology theories regarding the purpose of the criminal punishment, with special focus on the transition from a retributive and punitive view of punishment to the concept of restorative justice. The second chapter focuses on the...
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Community service punishment and its enforcement
Vitásková, Lenka ; Herczeg, Jiří (advisor) ; Vanduchová, Marie (referee)
The title of the thesis is "The Community Service Punishment and the Execution Thereof". It analyses the alternative community service punishment not only as governed by Czech legal system, but also as covered by legal regulation of this type of punishment in other states. The thesis further describes the relation of the community service punishment to other forms of alternative punishment which are applicable under the Czech legal system and its significance therein. It also covers the topic of the community service punishment according to the doctrine of restorative justice. The thesis includes a brief history of the community service punishment regulation since the middle ages up to nowadays. The goal of the thesis consists in thorough study of the substantive and procedural regulation of the community service punishment not only as set forth by the new Criminal Code and the Criminal Procedure Code, but also as set forth by implementing laws, like e.g. the Probation and Mediation Service Law. The thesis further analyses the execution of the community service punishment as seen from the point of view of all respective actors involved. The thesis comprises eleven chapters. One of the main chapters deals with the de lege ferenda consideration. In cooperation with a Probation and Mediation Service...
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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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Alternative sanctions as a way of solution of woman criminality
Vrbický, Filip ; Cejp, Martin (advisor) ; Prasek, Petr (referee)
Thesis focuses on alternative sanctions as a way of solution of woman criminality. It describes woman criminality, its distinctiveness, by which this criminality differs from man criminality and it also introduces history of this field. It calls attention for special treatment of women, who are due to their anti-social behavior sent to prison and it lists specifics related to their imprisonment. It calls attention for problem of short-term imprisonment and need for finding alternative ways of offenders' punishments. It provides insight into the field of alternative sanctions and considering social role of woman it gives arguments for widening of applying alternative sanctions for this group of offenders. It tries to state in which ways this widening should be reached.
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Supervision of a probation officer over a client using addictive substances
Dočekalová, Dita ; Gabrhelíková, Pavlína (advisor) ; Janíková, Barbara (referee)
Univerzita Karlova v Praze 1. lékařská fakulta Studijní program: Specializace ve zdravotnictví Studijní obor: Adiktologie Dita Dočekalová Dohled probačního úředníka nad klientem užívajícím návykové látky Supervision of a probation officer over a client using addictive substances Abstract Vedoucí závěrečné práce Mgr. Pavlína Gabrhelíková, Ph.D. Praha, 2021 ABSTRACT Background: This diploma thesis deals with the supervision of a probation officer at the Probation and Mediation Service clients who are also users of addictive substances and committed crime under the influence of these substances. It is not obligatory for a probation officers to have an addictological education, but due to the increasing number of drug-related crime, supplementing knowledge in this area is desirable. The focus of the work is qualitative research, which consists of analyzing documents and describing casework with my clients using addictive substances. Objectives: The main objective of this work is to demonstrate the application of key addictology skills in the specific conditions of the Probation and Mediation Service, during supervision with addictive substance abuse users. Sample: The issue will be demonstrated from the results of working with three clients of the Probation and Mediation Service, who have been given suspended...
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Supervision of a probation officer over a client using addictive substances
Dočekalová, Dita ; Gabrhelíková, Pavlína (advisor) ; Sklenář, Ondřej (referee)
Univerzita Karlova v Praze 1. lékařská fakulta Studijní program: Specializace ve zdravotnictví Studijní obor: Adiktologie Dita Dočekalová Dohled probačního úředníka nad klientem užívajícím návykové látky Supervision of a probation officer over a client using addictive substances Abstract Vedoucí závěrečné práce Mgr. Pavlína Gabrhelíková, Ph.D. Praha, 2020 ABSTRACT Background: This diploma thesis deals with the supervision of a probation officer at the Probation and Mediation Service clients who are also users of addictive substances and committed crime under the influence of these substances. It is not obligatory for a probation officers to have an addictological education, but due to the increasing number of drug-related crime, supplementing knowledge in this area is desirable. The focus of the work is qualitative research, which consists of analyzing documents and describing casework with my clients using addictive substances. Objectives: The aim of this work is to show, based on independent case reports of my selected clients of the Probation and Mediation Service, who are substance abuse users, that addictological knowledge of probation workers, namely work with motivation and realistic matching, can be a protective factor at work with this type of clients. Sample: The issue will be demonstrated on...
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Punishment of community service and its performance
Chárová, Adéla ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Punishment of community service and its performance Abstract The diploma thesis deals with basic aspects of community service in terms of Czech and foreign legal regulation, it deals with its development in time, statistical data, special regulation of criminal measures of publicly beneficial works imposed on juveniles and problematic aspects of existing legal regulation. The aim of the thesis is to define the status of the punishment of community service in the system of domestic and foreign law, to provide detailed information on the substantive and procedural law contained in the Criminal Code, Criminal Procedure Code and other supporting acts, to deal with problematic aspects and to mediate opinion of public, judges and probation officers. In cooperation with the probation officer and with the providers of community service I summarized the basic problematic aspects of the community service and considered their possible solution, which I summarize in the individual chapters. In terms of used methods the thesis uses a legal-analytical, legal-comparative, legal- descriptive approach, query model and statistical models. In addition to the introduction and conclusion, the thesis is divided into eleven chapters, which are further subdivided into subchapters. In the first two chapters I deal with terminology,...
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