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Punishment of house arrest, its execution and control
Šárka, Jakub ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Punishment of house arrest, its execution and control Abstract This thesis deals with the punishment of house arrest. It describes the legal regulation of this punishment, further evaluates the practice and draws attention to the shortcomings. The thesis first defines the Czech system of punishments imposed for criminal offenses and describes the position of the punishment of house arrest in this system and its relationship to other punishments. The thesis further analyzes the substantive legislation of the punishment of house arrest in the Criminal Code, explains the ambiguities in the regulation and tries to recommend changes that could benefit this regulation. Moreover, the thesis deals with the legal regulation of the conversion of a punishment of house arrest sentence into a custodial sentence, which occurs when the execution of the punishment of house arrest sentence is violated. In addition, it deals with the legal regulation of the conversion of other punishments into the punishment of house arrest, draws attention to its shortcomings and proposes changes. In addition to the substantive legislation, the work also describes the execution of punishment of house arrest and all related cases where the punishment of house arrest cannot be executed. Furthermore, in this work, two ways of control of the...
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House Arrest Punishment, Its Execution and Control
Pavlíková, Terezie ; Tlapák Navrátilová, Jana (advisor) ; Pelc, Vladimír (referee)
HOUSE ARREST, ITS EXECUTION AND CONROL The thesis gives a comprehensive overview of the institute of home detention as a new sanction incorporated into the penal system with effect from 1 January 2010. It considers certain theoretical issues regarding alternative punishments, investigates the phenomenon of alternative punishments and places home detention in its context. It aims to clarify the function of home detention as an alternative punishment, to analyse its legal status, to asses critically its practical application and to put forward some ways of addressing the problematic aspects de lege ferenda. The thesis also explains the specifics of the imposition of this sanction on young offenders. The author analyses the role of the Probation and Mediation Service in relation to home detention and cites examples of foreign experiences with this punishment from the Netherlands, Slovakia, and the United Kingdom, which constitute a source of inspiration. Special attention is paid to very topical questions regarding electronic monitoring during home detention, the introduction of electronic monitoring in the Czech Republic, its setbacks and current developments. The thesis answers the question whether the imposition of home detention is likely to reduce the numbers of people in prisons. In...
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Actual Problems of Saving and Imprisonment of House Arrest in České Budějovice
VOJTÍŠEK, Petr
This Bachelor?s Thesis on Actual Problems of Saving and Imprisonment of House Arrest in České Budějovice deals with the issues of home confinement. This institute has been active since 1.1.2010. The condition of its imposition is a letter of assurance from the convict that he will stay within the residence of a given address during the determined period. Thanks to this type of sentence the family, economic and other relations of the convict will remain intact as this sentence shouldn?t restrict the convict in his occupation or profession. Last but not least the government could also conserve service costs. The goal of this thesis was to research the issues of home confinement. Another part was discovering the problems associated with the imposition and carrying out of home confinement in České Budějovice and finding out how to solve these problems. To fulfill the goal of this thesis the two following questions had to be determined. The first question is aimed towards the problems accompanying the imposition and carrying out of home confinement in České Budějovice. Then it continues in finding solutions to the ascertained problems according to experts involved in this domain. The research was done in the form of a qualitative survey. The data was collected by a method of inquiry, the technique of structured conversation. The inquiry was done with ten respondents who where in some way involved with the issues of home confinement in České Budějovice. When concerning the questions of the survey the biggest problem which the respondents encountered looked to be the form of surveillance. Most of the respondents don?t believe that random inspections done by the probation officer are sufficient enough and are afraid of the obstruction of the sentence. Another problem is the housing of the convicts. Before the imposition of home confinement the conditions that may affect the imposition must be ascertained by the probation officer. Housing has been experienced to be very problematic by the respondents. The most common cases are when the owner of the residence does not agree with the sentence to be carried out. Another problem deals with the form of surveillance. It is just a mere legal adjustment. Even though it is listed in the penal code that the inspections are carried out by the Probation and Mediation Service with the help of the electronic surveillance system operator, electronic surveillance hasn?t yet been put into commission. The thesis then deals with methods of how to effectively solve or reduce these problems. For understandable reasons the motivation of the convict and his will to carry out the sentence is necessary. It?s able to respond to this problem with the legal adjustment by changing the law by introducing clear and accessible resources. In the case of the methods of surveillance it would be beneficial to establish an electronic surveillance system. This solution is backed by the respondents within the research survey and also by experts involved with home confinement in specialized literature. There is also an option of imposition of home confinement in certain cases instead of prison. Experience from abroad shows that custody in the form of home confinement isn?t a bad option. Considering the fact that custody is stricter than prison, home confinement could help secure the period before the legal decision. I assume that this thesis will help describe the institute of home confinement and will introduce readers with the positive as well as the negative sides of this institute and will provide solutions how to effectively solve these problems. Another assumption is that it will serve as research material for the expansion of the general knowledge and awareness about home confinement as well as feedback for people that are interested.
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A house arrest as an alternative of imprisonment
TROUPOVÁ, Lucie
This bachelor thesis concerns the problematics of house arrests. Its theoretical part defines key aspects and maps the given problematics. Practical part includes qualitative researh which studies the effectiveness, legal and technical background and security of house arrests of convicts.
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Home arrest - possible alternative to imprisonment
SLABÝ, Václav
This thesis deals with house arrest punishment as an alternative to classical imprisonment. It starts with analysing various perspectives on the purpose of punishment, penalty function and using human ? law documents defines limits for sentencing in the criminal justice system. Furthermore this work overviews house arrest punishment by historical moments in different legal standards of the Czech Republic since dissolution of the Austro-Hungarian Empire to the present. This work describes the current legal system of house arrest punishment, methods of control, tasks of the Probation and Mediation Service in connection with house arrest punishment and compares it with classic imprisonment. At the same time it contains a brief overview into different foreign laws and ethical analysis of some aspects of house arrest punishment. In conclusion, the author assesses if house arrest punishment fulfils the purpose of the punishment in the soft form of personal freedom limitation and looks at this institution from the perspective of legal aspect ?de lege ferenda?.
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