National Repository of Grey Literature 22 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Temporary release from prison or provision of escort for urgent family reasons as part of the right to respect for private and family life of detained persons
Drahorád, Jakub ; Řepa, Karel (advisor) ; Suchánek, Radovan (referee)
Temporary release from prison or provision of escort for urgent family reasons as part of the right to respect for private and family life of detained persons The thesis deals with the issue of exercising the right to respect for private and family life by persons deprived of personal liberty due to detention or imprisonment in the form of the possibility to temporarily leave prison space, accompanied by an escort or alone, for serious family reasons. By these the thesis means attending the funeral of a close relative or the possibility to visit them in the hospital while suffering from a life-threatening condition. While in the case of persons remanded in custody, this issue is not regulated in any way by legal or secondary legislation, in the case of persons serving a custodial sentence in prisons with increased security or for life, it is partially explicitly prohibited. In practice, therefore, these persons are barred from exercising their right under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In the case of persons in the "regular mode" of serving a prison sentence, the execution of this right is dependent on the discretion of the prison director, who does not have to justify his informal decision to suspend the sentence, which is not...
Impacts on men's mental health when limiting their personal freedom- from the perspective of people working with this target group
KROPÍKOVÁ, Markéta
The diploma thesis deals with the impact on men's mental health when personal freedom is restricted from the point of view of people working with this target group. It is based on the results of the research "Psychological aspects of the consequences of criminal activity in convicted men serving a prison sentence" from 2019, conducted by Mgr. Marie Ouředníková. This work thus shows a view of life in custody or prison from the other side of the bars. It thus reveals the rules that prevail here among men who face the strict regime of the prison every day, but also the internal hierarchy itself. Such an environment subsequently negatively affects the mental health of the men who have to deal with it, in different ways. The diploma thesis reflects these impacts and thus gives a comprehensive view of the mentioned issue. It also has up-to-date research and statistics pointing to current events in such an environment, such as institutions restricting personal freedom. The diploma thesis is divided into a theoretical and a practical part. In the practical part, there is a description of the research methodology itself, followed by Ouředníková's reflected results with the opinions of people with professional experience in this practice.
Restrictions on personal freedom in theory and practice
Pouska, Tomáš ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Restrictions on personal freedom in theory and practice Abstract The subject of this rigorous thesis is the connection of the theoretical and practical concept of permissible interference with the personal freedom of an individual in criminal proceedings, with an emphasis on the protection of the fundamental rights and freedoms of the person concerned. The basis of the thesis is the description and more detailed definition of some specific institutes of criminal law, in the form of detention, arrest, detention and imprisonment, which seriously interfere with personal freedom and are directly connected with the imprisonment of persons. The rigorous thesis compares and analyzes the legal embedding of the above- mentioned criminal law instruments at the national and international level with their application in real life practice and points out some fundamental differences that occur when they are used by law enforcement authorities. Attention is primarily paid to the degree of compliance with the guarantees of permissible interference with personal freedom by public authorities, the legitimacy of individual interference and also their adequacy and proportionality in relation to the goal pursued by these means. The rigorous work examines whether these criminal law institutes are applied rationally, whether...
The proportionality principle and the deprivation of liberty of a foreigner in administrative law
Holubkovová, Hana ; Kryska, David (advisor) ; Pítrová, Lenka (referee)
The proportionality principle and the deprivation of liberty of a foreigner in administrative law This thesis concerns the proportionality of the deprivation of liberty of the foreigner in Czech Republic. It only covers those types of deprivation of liberty that are specifically applied on foreigners and that are covered by the administrative law. In the first chapter this thesis defines legal concepts of a personal freedom and a proportionality principle. The second chapter covers the level of the international law, namely the article 5 of the European Convention of Human Rights, define legal conditions that a deprivation of liberty must meet and offers a relevant judicature of the European Court of Human Rights. The third chapter covers a deprivation of liberty from a view of the Return Directive (No. 2008/115/EC), the Reception Conditions Directive (No. 2013/33/EU) and the Dublin Regulation (No. 604/2013) and offers judicature of the Court of Justice of the European Union. The fourth chapter comprehends the Czech law and covers three acts, that enable a deprivation of liberty of a foreigner - the Act on the Police of the Czech Republic No. 273/2008 Coll., the Asylum Act No. 325/1999 Coll. and the on the Residence of the Foreign Nationals in the Czech Republic No. 326/1999 Coll. This chapter also...
The issue of the concept of criminal custody
Beňák, Ondrej ; Hořák, Jaromír (advisor) ; Bohuslav, Lukáš (referee)
The thesis deals with the issues of pre-trial detention in the criminal procedure of the Czech Republic. It comprises and compares opinions voiced by various scholars, high courts and myself. The thesis also includes a section about the rules of pre-trial detention in the American federal criminal procedure and compares it with the Czech system. The first part of the thesis is the Introduction, in which the goals of the thesis are set out. The second part is the main part of the thesis and it is divided into five chapters. The first chapter consists of a general description of pre-trial detention in the Czech Republic and the principles that govern it. The second part is called Formal Rules of Pre-Trial Detention, and it deals with the issues of competence, court procedure and decision-making. The third chapter is where the focus point of the thesis lies, as it investigates the conditions of ordering a pre-trial detention of a person and adresses the numerous problems that arise in this area. The fourth chapter describes the conditions for pre-trial release of an accused person, including the legislative changes recetly made in this area. The fifth chapter explores the American federal criminal procedure and compares it with the Czech criminal procedure. It also includes American scholars'...
Means of Substitution of Custody
Strýhalová, Tereza ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
- Means Means of substitution of detention This diploma thesis deals with the possibility of replacing detention in criminal proceedings. The institution of detention is one of the ways in which a person accused can be detained for the purpose of criminal proceedings. However, as this is an institution which imposes a significant interference with the rights and freedoms of the accused person, which are guaranteed primarily by constitutional law, it is necessary to carefully consider whether the accused needs to be taken into custody and whether there is no measure to achieve the purpose of the criminal proceedings, which would otherwise ensure detention. This topic has been very topical for several years and there is no precise agreement on the question of the extent to which it is permissible to interfere with the rights and freedoms of the accused. For this reason, the use of milder institutes needs to be used as much as possible. The aim of this work is to discuss the possibilities of replacing detention and the positive and negative aspects of using these measures, which allow the institute of replacement. The work is divided into a total of four chapters. The first chapter of this thesis focuses on the discussion of the institute of detention and its use in criminal proceedings, while this...
Constitucional limits of personal freedom
Fišerová, Veronika ; Antoš, Marek (advisor) ; Kindlová, Miluše (referee)
Constitutional limits of personal freedom Abstract The Master's thesis deals with the extensive theme of restriction or deprivation of the personal freedom. The aim of this thesis is not to analyse the reasons for deprivation of personal freedom in detail, but to look at personal freedom as a whole. In the Charter of Fundamental Rights and Freedoms (the Charter), personal freedom is the highest-ranked right to be most often interfered with by the state. Any restriction of personal freedom must meet a number of conditions resulting from legislation, international treaties and the supreme courts' decisions. The main goal of this thesis is to evaluate the frequency and intensity of the deprivation of personal freedom in the Czech Republic. In this thesis I pose the question whether all these limits of permissible deprivation of personal freedom are respected in practice or not. In this thesis I do not deal with the term of imprisonment but I focus on the reasons of deprivation of personal freedom expressly enumerated in the Charter. The first chapter deals with a brief definition of the concept of personal freedom, its incorporation in our legal order and its implementation in international treaties. In the following section, I present the conditions of permissible deprivation of personal freedom resulting...
Institute of Pre-trial Detention in Criminal Proceedings
ZELENKOVÁ, Nikola
This bachelor thesis deals with the restriction of personal liberty of an accused person during the prosecution through the custody institute in the context of fundamental human rights and freedoms guaranteed by the rule of law including the international treaties to which the Czech Republic is bound. The thesis is divided into four chapters. The legal analysis of restriction of personal liberty through restraint or arrest that precedes the custody is followed by so-called material custodial law, specifically the custody institute focusing on the grounds for detention. The next chapter covers formal custodial law dealing with procedural aspects of the detention of an individual within the detention session, the detention order and the limits for accepting legal compensations for the detention by other measures. The last chapter deals with the detention in terms of rights and duties of an accused person in a detention including possible social-psychological aspects.
The issue of the concept of criminal custody
Šperlíková, Petra ; Herczeg, Jiří (advisor) ; Gřivna, Tomáš (referee)
1 Abstract The issues of criminal custody This thesis deals with theoritical issues of criminal custody, which is the gravest possible criminal procedural measure of law enforcement authorities whose purpose is to ensure a person during criminal proceedings. In the opening chapters of this thesis are outlined not only the issues of the very concept of criminal custody and relevant legislation, but also the basic principles and tenets, controlling criminal cases in which the defendant was remanded in custody, as well as the enshrinement of the right to personal freedom and security and the possibility of its limitations, both at the level of the Czech legal regulation of constitutional character, as well as from the perspective of international human rights standards. The thesis is also focused on the issue of the substantive detention law, therefore the legislation of the reasons for custody and conditions of detention, as well as the issue of the procedural detention law, therefore the legislation of procedural aspects of decisions on custody in criminal proceedings in the wider concept. Another discussed subject matter is a part of alternative measures to detention in the form of custody, the possibilities of their application and the methods of making decesion on these measures, including the legislation...
The proportionality principle and the deprivation of liberty of a foreigner in administrative law
Holubkovová, Hana ; Kryska, David (advisor) ; Pítrová, Lenka (referee)
The proportionality principle and the deprivation of liberty of a foreigner in administrative law This thesis concerns the proportionality of the deprivation of liberty of the foreigner in Czech Republic. It only covers those types of deprivation of liberty that are specifically applied on foreigners and that are covered by the administrative law. In the first chapter this thesis defines legal concepts of a personal freedom and a proportionality principle. The second chapter covers the level of the international law, namely the article 5 of the European Convention of Human Rights, define legal conditions that a deprivation of liberty must meet and offers a relevant judicature of the European Court of Human Rights. The third chapter covers a deprivation of liberty from a view of the Return Directive (No. 2008/115/EC), the Reception Conditions Directive (No. 2013/33/EU) and the Dublin Regulation (No. 604/2013) and offers judicature of the Court of Justice of the European Union. The fourth chapter comprehends the Czech law and covers three acts, that enable a deprivation of liberty of a foreigner - the Act on the Police of the Czech Republic No. 273/2008 Coll., the Asylum Act No. 325/1999 Coll. and the on the Residence of the Foreign Nationals in the Czech Republic No. 326/1999 Coll. This chapter also...

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