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Electronic control system as an alternative to custody
Homolová, Karolína ; Bohuslav, Lukáš (referee)
Electronic control system as an alternative to custody Abstract In the framework of the criminal justice process, the scope of using technical means through electronic monitoring is worldwide very extended indeed, being applicated in all stages of criminal proceedings. Although the most frequent manner while analysing the electronic control is the house arrest or release from imprisonment by conditional parole, electronic monitoring system finds its purpose also in pre-trial detention. Arrest is intended to be an exceptional institute of criminal proceedings, only to be used as necessary and proportionate measure and in compliance with the presumption of innocence and the constitutional right to personal freedom. In accordance with this concept, it is necessary to consider all time in the duration of custody whether the reasons for pre-trial detention still last and whether it would not rather be replaced by some alternative. The first electronic monitoring permanent program was launched in Czech republic in September 2018, so we have only a few experiences in this field so far. The aim of this paper is to identify some best practices to enhance the effectiveness of electronic monitoring as an alternative to custody in the Czech legal order and also to propose an amendments to the legislation of this...
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Electronic control system as an alternative to custody
Homolová, Karolína ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
Electronic control system as an alternative to custody Abstract In the framework of the criminal justice process, the scope of using technical means through electronic monitoring is worldwide very extended indeed, being applicated in all stages of criminal proceedings. Although the most frequent manner while analysing the electronic control is the house arrest or release from imprisonment by conditional parole, electronic monitoring system finds its purpose also in pre-trial detention. Arrest is intended to be an exceptional institute of criminal proceedings, only to be used as necessary and proportionate measure and in compliance with the presumption of innocence and the constitutional right to personal freedom. In accordance with this concept, it is necessary to consider all time in the duration of custody whether the reasons for pre-trial detention still last and whether it would not rather be replaced by some alternative. The first electronic monitoring permanent program was launched in Czech republic in September 2018, so we have only a few experiences in this field so far. The aim of this paper is to identify some best practices to enhance the effectiveness of electronic monitoring as an alternative to custody in the Czech legal order and also to propose an amendments to the legislation of this...
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Means of Substitution of Custody
Gantnerová, Anna ; Galovcová, Ingrid (advisor) ; Tlapák Navrátilová, Jana (referee)
91 Abstract - Means of substitution of custody The topic of this thesis are the means of substitution of custody. The institute of custody is a very actual topic that is developing dynamically and is still controversial. Thanks to both domestic and international courts, the standard of protection of basic human rights keeps increasing and custody is therefore considered an extreme securing measure that can only be used in case there are no usable milder means. The aim of this thesis is to introduce these means of substitution of custody, stating their issues in theory and in praxis, their critical evaluation and suggestions de lege ferenda. The first chapter of this thesis focuses on general characteristics of custody and conditions of its use. The first chapter is a crucial part of the thesis as the means of substitution of custody directly relate to the institute of custody itself. The second chapter of this thesis focuses on the development of individual means of substitution of custody. It is a rather brief overview of the most significant amendments to legislation. In the author's opinion though, to correctly understand the current legislation concerning means of substitution of custody, it is necessary to be aware of the historical context of the establishment and use of these means. The third and...
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The punishment of homeprison as a form of the offender´s rectification
FIŠEROVÁ, Petra
Each human society creates during its existence a system of reactions against undesirable activities of persons, who break the rules of the smooth passing of a particular community and contravene the standards and values of the community. The view of these reactions {--} punishments, changes over time and also with a respect to culture of the community or the state and its approach to an individual and his rights. In the past, the forms of punishments were, and in some countries still are, mainly primitive, such as amputations of body parts. However, the civilised world, especially, in case of non-arrestable offences, tends to prefer non-custodial service, such as home detention. Home detention as a form of penalty has been used in various alternatives for many years in countries such as Italy, Germany etc. However, the Czech legal system did not allow to impose this penalty until 2010. This form of penalty should facilitate the situation in Czech crowded prisons. It might be imposed on thousands of the sentenced a year and, at the same time, it would save money of the tax payers. The thesis deals with the legislative framework, where the home detention belongs and it is also focused on the fact how the other states, where home detention has been applied for years, have adopted this form of penalty. The objective of the Probation and Media Service of the Czech Republic is also mentioned in this work. The theoretical part of the thesis is divided into two parts {--} the first part deals with the punishment in general, the other one is focused on home detention in particular.
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