|
|
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'...
|
|
|
Detention proceedings
Andělová, Kateřina ; Smolík, Petr (referee) ; Pohl, Tomáš (referee)
The detention proceedings constitutes a heavy intervention into the individual's right to personal freedom guaranteed by the Czech Constitution in a way of involuntary stay in hospital. The basis of present legal regulations of detention proceedings is necessary to see especially in the Czech Declaration of Human Rights And Freedoms (article 8, clause 6) that continues European Convention on Human Rights (article 5, clause 1e) specifying that (only) law constitutes, in which events individual may be kept in a hospital without his acceptance.
|
|
|
Administrative Detention of Foreigners
Zelenková, Adéla ; Vopálka, Vladimír (advisor) ; Pomahač, Richard (referee)
of the thesis This thesis deals with the institute of administrative detention according to the Czech legal system. The term administrative detention is used to designate deprivations of liberty under administrative law for the reasons that are directly linked to the immigration policies of the state. In the context of migration law the detention may be basically used for two purposes. First purpose is to ensure the realization of administrative deportation of the foreigner. Second purpose is to prevent the foreigner from an unauthorized entry into the country. Both irregular migrants and asylum seekers fall under the scope of this work. Although different norms are applicable to each of these categories, both of them are subject to detention on the same ground - the lack of state authorization for their presence on national territory. The purpose of this paper is to detail the legal framework with which deprivation of liberty of migrants must comply in particular for what concerns the fundamental principle of international law that no one should be subjected to arbitrary detention. International human rights norms, principles and standards define the content of that principle. Such norms, principles and standards apply both to criminal and administrative proceedings including migrants and asylum...
|
|
|
The Securitization of Terrorism: The Evolution of Debate on Detention Measures in the United Kingdom and in Spain
Vrubel, Jan ; Weiss, Tomáš (advisor) ; Šlosarčík, Ivo (referee)
The thesis deals with the theme of counter-terrorism legislation in two West European countries, namely in the United Kingdom and in Spain. Specifically I focus on the topic of detention measures (particularly on the specifics of the means of detention of suspects of terrorism) and on the attempts of their toughening in both of the states named above. On the present issue I apply the theory of securitization, through which I examine the debate on toughening the detention measures, which occurred in both of these countries. The text of the thesis comprises of two long historical chapters and a comparative final one. The first two chapters deal with the complicated development of terrorist threats and counter-terrorist reaction with a special focus on detention measures. The main goal is to introduce the extensive matter of counter-terrorist legislation and to integrate the principal topic in a broader context. The final chapter consists of several shorter parts, which allow the comparison of distinct attitudes of both states. After 9/11 both the United Kingdom and Spain chose different strategies how to deal with the threat of terrorism legislatively and how to toughen the measures examined. The main research question is how the securitization of terrorism in the United Kingdom and in Spain differed...
|
|
|
Forecast of the size and structure of the prison population in the CR
Koňařík, Martin ; Burcin, Boris (advisor) ; Kučera, Tomáš (referee)
Forecast of the size and structure of the prison population in the CR Abstract: Forecasting of prison population in the Czech Republic is almost an unexplored topic. To the whole prison system as a topic is also devoted little space in the literature. The most advanced methods of forecasting of prison populations cannot be used to the Czech data, which are used in countries with a long tradition of it. The data are not connected between Ministry of Justice and the Ministry of Interior, and also differ in their definitions. It is therefore necessary to use a simplified method, which correspond to the data sources. The process is also interfered with unexpected external factors such as the amnesty of the President of the Republic on the 1 January 2013. Models for convicted expected forecast decline in their number by the end of 2013 to 12 to 19 thousands. Models further assume that a decline in 2013 would take place, even if there were no amnesty. Models for the accused assume their fluctuation around the same values. Follow-up calculations show that the state would save significantly by the projection models variants and also the burden on prison officers in correctional facilities would be reduced to 2.1 to 3.2 prisoners per guard from the current 3.5 prisoners per guard. Keywords: prison projection,...
|
|
|
Detention and its role in international migration of foreigners in the Czech Republic
Kubát, Jan ; Drbohlav, Dušan (advisor) ; Janská, Eva (referee)
Detention and its role in international migration of foreigners in the Czech Republic Aims of thesis are evaluation of detention, its influence and role in migration processes of foreigners in Czech Republic, as a restrictive action against irregular migration which is applied within common homecoming politics of EU countries, followed by analysis of conditions and informal structures which are related to irregular migration issues in Czech Republic. Individual aims are accomplished in two steps. At first is discussed present knowledge of detention, its part in migration processes, and theoretical definition of irregular migration's and detention's issues. In theoretical section of diploma project is considered mainly the detention's function in migration process from the point of view of migration concepts, negative impact of irregular migration, smuggling and trafficking, client system, EU migration politics' approach to irregular migration, migration politics' restrictive instrument and measures leading to criminalization, securitization and extraterritoriality of irregular migration, law regulation of detention and its application within detention facilities in Czech republic. The second step comprises survey aiming on detention's function and influence in migration processes of 42 foreigners...
|
|
| |
|
|
Drug abuse prevention in custody and jail
POHANKA, Jan
The theme of this thesis is "The drug prevention during detention and imprisonment." The theoretical part concerns the definition of narcotics, definition of the legislative frame of the Czech republic on Narcotic and Psychotropical Substances and pillars of the drug policy of the Czech republic. The practical part is based on the results of the survey analyzes the current state of drug prevention in prison and assess the effectiveness of the precautions. The outcome of practical part is a list of recommendations that could contribute to improving the situation.
|
|
| |
|
|
Place into the Penitentiary as an alternative of an execution of a punishment.
KOTNOVÁ, Andrea
My diploma thesis deals with two institutes of penal law ?detention and a court-ordered institutional education. The aim of the study was to tackle the issue theoretically and empirically, to give a comprehensive picture of both alternatives and to compare them. The aim was to add some information to contribute to decision-making in detention or alternative solutions in the issue of juvenile delinquency. The thesis is divided into two sections - theoretical and empirical. In the theoretical part, the legal basis of detention in the Czech Republic with regard to juvenile delinquents is defined, psychosocial issues of the juvenile delinquents detention are surveyed, the legislative base of the placement of juveniles into educational institutions is described, and the psychosocial issues connected with the stay of juvenile delinquents in educational institutions are outlined. In the final part, the possibilities and limits of the juvenile delinquents´ placement into educational institutions rather than detention solutions are discussed. At the beginning of the empirical section of the work, the objectives and research questions were stated. To answer these questions, a qualitative research investigation analyzing the stay of juveniles in detention and an educational institution was carried out. The respondents were chosen by a purposeful selection in educational institutions. The necessary data were obtained by conducting modeled semi-structured interviews with 7 juveniles who had gone through both detention and an educational institute. The interviews were transcribed and case studies were developed from them. The collected data were analyzed using the grounded theory method, open coding. The research has shown differences in experiencing detention and the stay in an educational institution in juvenile delinquents. It has been proved that detention is a stressful situation for juvenile delinquents, but it does not have a destructive affect on the personality of the juvenile. In contrast, the stay in an educational institution was evaluated positively by the respondents, and they emphasized its positive effect on their personalities. The research has also revealed the reasons for incidents in educational institutions, which result from boredom and the unwillingness of the juvenile to adapt to the regime. Now findings of the thesis demonstrate an insufficient use of the programs offered in penitentiaries. For this reason, as an optimization recommendation, I suggest to increase awareness and the motivation of prisoners to participate in these programs.
|
guest ::
