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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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Imposing Punishments in Czech and Polish Legislations
Pustówka, Urszula ; Vokoun, Rudolf (referee)
Imposing Punishments in Czech and Polish Legislations Abstract The comparison of the legal systems of individual states is an important source of inspiration for the further development of legislation. In my work I compare the legal regulation of punishments in the Czech Republic and in Poland, namely those of them which both Czech and Polish legal systems refer to as punishments. These are Czech fines, community service, imprisonment, and an exceptional sentence together with their Polish equivalents. The aim of the thesis is to find inspiration and stimuli for de lege ferenda considerations for further development of Czech criminal law by comparing Czech and Polish regulation of punishments, as well as the types of punishments most often imposed by courts in both countries. In the first part of the work I deal with the systems of criminal sanctions in both states in order to introduce the context for the subsequently analysed punishments. Furthermore, each part is devoted to one type of punishment and a comparison of its regulation in the Czech Republic and Poland. The second part is devoted to the Czech fine and the Polish sentence of grzywna, the third part to the Czech community service and the Polish sentence of imprisonment, the fourth part is related to the regulation of imprisonment, and the fifth...
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Fine and other penalties for administrative transgressions
Špotová, Jana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this thesis is fine and other penalties for administrative transgressions. The thesis deals mainly with various types of sanctions which can be imposed for committing an administrative delict, as well as with facts that have to be considered while imposing a sanction. The first chapter deals with theoretical aspects of the topic, namely with legal liability, definition of the term sanction, the characteristics of administrative punishment as well as the functions of punishment. The second chapter focuses on the basic conditions and rules for sanctioning the administrative delicts. The chapter deals with legislation of sanctions, the rules for sanctioning administrative delicts in terms of time applicability and also with the current system of sanctions. A part of this chapter is dedicated to releasing from imposing a sanction as a possibility of dealing with administrative delicts without the need to impose a penalty. The third chapter contains an analysis of particular types of sanctions. Each sanction is analysed in terms of its nature and purpose, the conditions for imposing them as well as their effectiveness. The fourth chapter pays attention to the comprehensive topic of determination of the type and rate of a sanction. The first part of this chapter provides the description of the...
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Imposing Punishments in Czech and Polish Legislations
Pustówka, Urszula ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Imposing Punishments in Czech and Polish Legislations Abstract The comparison of the legal systems of individual states is an important source of inspiration for the further development of legislation. In my work I compare the legal regulation of punishments in the Czech Republic and in Poland, namely those of them which both Czech and Polish legal systems refer to as punishments. These are Czech fines, community service, imprisonment, and an exceptional sentence together with their Polish equivalents. The aim of the thesis is to find inspiration and stimuli for de lege ferenda considerations for further development of Czech criminal law by comparing Czech and Polish regulation of punishments, as well as the types of punishments most often imposed by courts in both countries. In the first part of the work I deal with the systems of criminal sanctions in both states in order to introduce the context for the subsequently analysed punishments. Furthermore, each part is devoted to one type of punishment and a comparison of its regulation in the Czech Republic and Poland. The second part is devoted to the Czech fine and the Polish sentence of grzywna, the third part to the Czech community service and the Polish sentence of imprisonment, the fourth part is related to the regulation of imprisonment, and the fifth...
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Sentencing in criminal procedure
Vacík, Kamil ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Sentencing in practice Abstract This rigorosum thesis is dedicated to principles applied during imposing a sentence on natural persons charged with a criminal offense. It focuses on the area of judicial discretion within legal limits for imposing particular sentences. It examines the purpose of sentences, especially with regard to its preventive (educational) as well as repressive function in relation to the offender. The thesis deals with the factors that a judge should take into account when considering the type of sentence and penalty with respect to both the preventive and repressive purpose of the sentence. The purposes are expanded on in the parts concerning imprisonment, financial penalty and expulsion. The thesis consists of eight chapters. The first one provides a general introduction to the principles of imposing sentences and the system of sentences, including the issue of a sentence purpose. In the second chapter, the author examines the application of principles of imposing sentences in relation to one offender. In this part, the author concentrates on cumulative sentences, in particular alternative ones, i.e. those with a predominantly educational function. Likewise, the author considers the effect of this type of sentences on correcting the behaviour of the offender who commits criminal...
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The proportionality of punishment to the wealth of an offender
Drápal, Jakub ; Ondřejek, Pavel (referee)
The proportionality of punishment to the wealth of an offender Abstract This thesis focuses on a contentious issue: Should a fine be related to the wealth of an offender? The first chapter presents various philosophical answers to this question, with most of the attention being directed to the division of fines to regulatory and penal by O'Malley. The contribution of law and economics and other theories is emphasized as well. The second chapter considers the jurisprudence of the Constitutional, Supreme Administrative and Supreme Court of the Czech Republic in relation to the principle of prohibition of fine's liquidation effect on the offender. Based on this analysis, a simplified cheatsheet is presented for government officials to better identify when a fine might have liquidation effect. Fine in the sphere of criminal law is the subject of third chapter. After discussing the theoretical foundations of day-fine concept, its application at two Czech district courts is analyzed. The results suggest that the day-fine concept exists only on paper. To find out why the concept does not work, I have analyzed all relevant legislation of European states relating to the day-fine concept. Based on this comparative analysis I suggest what should be done to improve current legislation in the Czech Republic. My last...
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The comparison of legal regulations of the compulsory vaccination in the Czech Republic and the French Republic
Ševčík, David ; Svoboda, Petr (advisor) ; Kryska, David (referee)
v anglickém jazyce (Abstract) The aim of this diploma thesis is to analyze and compare the system of compulsory vaccination in the Czech Republic and in the French Republic. The first part of this diploma thesis is dedicated to international law context of compulsory vaccination. Relevant international organizations in which is the Czech Republic and also French Republic taking part is described. Then the focus of interest is also on all relevant binding sources of international law, or more precisely on promulgated international treaties, ratified and by which the Czech Republic and the French Republic is bound with the rule that if a treaty provides something other than national law, the treaty shall apply. The second part of this diploma thesis is dedicated to the connection between compulsory vaccination and constitutional law of the Czech Republic and French Republic, or rather how could be compulsory vaccination justified by the constitutional law of both countries. The case law coming from supervising constitutional institutions related to compulsory vaccination is also examined. In the third part, the legal regulation of key aspects of compulsory vaccination is examined. The focus of interest is on the amount of regulation made by statute and by secondary legislation. The aim of this part...
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The Legal Regulation of Fishery
Lubovský, Zbyněk ; Damohorský, Milan (advisor) ; Müllerová, Hana (referee) ; Stejskal, Vojtěch (referee)
IN THE ENGLISH LANGUAGE The subject of my doctoral dissertation is an exploration of fishing rights as a collection of a wide range of legal norms regulating the behavior of the recipients only in the performance of fishing, but also in civil, administrative and criminal relations with the breeding and hunting fish related. Due to the current lack of scientific literature on this topic, the thesis also basic definition and status of the Czech Fishing rights in the legal system of the Czech Republic and important connections not only in relation to the institutions of environmental law, but also of civil and criminal law. Basic Institutes of fishing rights are always described as in historical context, as from the time of its inception developed, as well as in international comparisons of countries that their cultures are very close to us.
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Fine and other penalties for administrative transgressions
Špotová, Jana ; Prášková, Helena (advisor) ; Millerová, Ivana (referee)
The topic of this thesis is fine and other penalties for administrative transgressions. The thesis deals mainly with various types of sanctions which can be imposed for committing an administrative delict, as well as with facts that have to be considered while imposing a sanction. The first chapter deals with theoretical aspects of the topic, namely with legal liability, definition of the term sanction, the characteristics of administrative punishment as well as the functions of punishment. The second chapter focuses on the basic conditions and rules for sanctioning the administrative delicts. The chapter deals with legislation of sanctions, the rules for sanctioning administrative delicts in terms of time applicability and also with the current system of sanctions. A part of this chapter is dedicated to releasing from imposing a sanction as a possibility of dealing with administrative delicts without the need to impose a penalty. The third chapter contains an analysis of particular types of sanctions. Each sanction is analysed in terms of its nature and purpose, the conditions for imposing them as well as their effectiveness. The fourth chapter pays attention to the comprehensive topic of determination of the type and rate of a sanction. The first part of this chapter provides the description of the...
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Contractual Fine
Švehla, Jan ; Salač, Josef (advisor) ; Pohl, Tomáš (referee)
The topic of this thesis is the institute of contractual fine according to the applicable adjustments in the Civil Code. In eleven chapters is analyzed the historical development of this institute, as well as recent regulation compared with the new Civil Code (Law No. 89/2012 Coll.) and foreign regulations of Austria, Germany, Switzerland and Spain. There is also dealed the issue of the amount of the contractual fine, as well as issue of entitlement to a contractual fine and other topics. Part of the work was also devoted to the relevant case law.
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