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Alternative punishments
Soukupová, Zlata ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The general aim of this work was to develop an analysis of current legislation Institutes of alternative sentences of imprisonment, to analyse their place in the Czech legal environment, to identify problems and to summarize the proposals de lege ferenda , which could be a compass or anticipated future solution of this problem . Unquestioned issues of criminal policy are a big increase in crime along with its new forms, overloading the courts, krescentní percentage of recidivist offenders. It should be stoic resist thinking; lax approach will be rewarded crisis imprisonment. Endless storage imprisonment as punishment universal and comfortable the whole situation is getting worse and dishonoring approach.
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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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Alternatives to unconditional sentence of imprisonment
Lukáš, Marek ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
The subject of this master's thesis is a description of the current legislation and application practice of selected punishments that represent the main alternatives to the imposition of unconditional prison sentences. These punishments are house arrest, community service, financial penalty, suspended sentence of imprisonment and suspended sentence of imprisonment with supervision. Since each of the abovementioned punishments could be the subject of a separate master thesis, this thesis does not aim to describe the subject matter in detail, but rather to present the individual institutes in their mutual context, to compare their characteristic features, purpose, conditions, specifics of their execution, as well as their use in judicial practice. The thesis consists of eight chapters, three of which are of a general nature, four deal with individual penalties and the last one is devoted to de lege ferenda proposals. The first chapter defines the very concept of criminal punishment and its purpose. A substantial part of the chapter is devoted to the historical development of penology theories regarding the purpose of the criminal punishment, with special focus on the transition from a retributive and punitive view of punishment to the concept of restorative justice. The second chapter focuses on the...
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Community service punishment and its enforcement
Vitásková, Lenka ; Herczeg, Jiří (advisor) ; Vanduchová, Marie (referee)
The title of the thesis is "The Community Service Punishment and the Execution Thereof". It analyses the alternative community service punishment not only as governed by Czech legal system, but also as covered by legal regulation of this type of punishment in other states. The thesis further describes the relation of the community service punishment to other forms of alternative punishment which are applicable under the Czech legal system and its significance therein. It also covers the topic of the community service punishment according to the doctrine of restorative justice. The thesis includes a brief history of the community service punishment regulation since the middle ages up to nowadays. The goal of the thesis consists in thorough study of the substantive and procedural regulation of the community service punishment not only as set forth by the new Criminal Code and the Criminal Procedure Code, but also as set forth by implementing laws, like e.g. the Probation and Mediation Service Law. The thesis further analyses the execution of the community service punishment as seen from the point of view of all respective actors involved. The thesis comprises eleven chapters. One of the main chapters deals with the de lege ferenda consideration. In cooperation with a Probation and Mediation Service...
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Alternative Punishments
Hrbková, Miluše ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
My thesis is called The Alternative Punishments in czech criminal law. I have chosen this topic as using alternative forms of sanctions alongside with traditional punishments is a product of the last decades in our legal order and remains very actual question untill now. The crime rate is constantly rating therefor it is necessary to react on it adequally with providing a wide range of sanctions. As one of the governing principles in czech criminal law is a principle of humanity the alternative punishments take a pricipal place in our legal order. The main purpose of my thesis is to analyse and clarify the particular forms of alternative punishments. Those sanctions bring a lot of advantages for convicted in contrary to other traditional punishments as they are not issolated from society and have a chance to re-educate themselves. The alternative punishments are useful and cheaper than short-term confinement. This thesis focuses on the analysis of the actual legislation, assesses changes brought by the new criminal code and defines proposals which would imporove the legislation in future. The thesis is composed of eight chapters. First chapter is subdivided into three parts. The first part deals with the term and purpose of the punishment, the second analysis theory of punishment and the third one discusses...
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The effect of selected types of penalties on the resocialization of convicts
Moudrý, Petr ; Bohuslav, Lukáš (referee)
The problem of resocialization of convicts and the effect of particular penalties on this process is a subject rather relatively neglected, but at the same time socially and legally fundamental. The success of the resocialization of offenders affects not only the entire criminal policy but also society as a whole. However, the view on this social dilemma is evolving over time. We do not longer examine the punishment as mere retribution, rather we expect it to protect society and have a positive effect on the convict. We also realize that most of the sentencing does not mean permanent exclusion from society. Therefore, the consequences of any sentence also affect us, the society. This phenomenon led me to analyze the three most severe sentences: imprisonment, house arrest, and community service. Gradually, I tried to investigate the outcome of the effects of these sentences on the offender's personality. During the analysis, I decided not to only benefit from the secondary data consisting of acknowledged publications, articles, studies, and concepts, but I also acquired findings from several interviews with experts within the sphere and convicts themselves. This allowed deep penetration into the topic not only from a theoretical point of view but also from a practical one. In the thesis, I critically...
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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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The effect of selected types of penalties on the resocialization of convicts
Moudrý, Petr ; Krupička, Jiří (advisor) ; Konrád, Zdeněk (referee)
The problem of resocialization of convicts and the effect of particular penalties on this process is a subject rather relatively neglected, but at the same time socially and legally fundamental. The success of the resocialization of offenders affects not only the entire criminal policy but also society as a whole. However, the view on this social dilemma is evolving over time. We do not longer examine the punishment as mere retribution, rather we expect it to protect society and have a positive effect on the convict. We also realize that most of the sentencing does not mean permanent exclusion from society. Therefore, the consequences of any sentence also affect us, the society. This phenomenon led me to analyze the three most severe sentences: imprisonment, house arrest, and community service. Gradually, I tried to investigate the outcome of the effects of these sentences on the offender's personality. During the analysis, I decided not to only benefit from the secondary data consisting of acknowledged publications, articles, studies, and concepts, but I also acquired findings from several interviews with experts within the sphere and convicts themselves. This allowed deep penetration into the topic not only from a theoretical point of view but also from a practical one. In the thesis, I critically...
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Punishment of community service and its performance
Považan, Miroslav ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Punishment of community service and its performance Abstract The aim of this thesis is to describe a current legilation on punishment of community service and thanks to it's desription together with the statistical data about this punishment from years 2013 to 2017 define problems that have a negative impact on its functioning. Other methods to reach this goal are comparison with the legislation in different european countries, focusing on activity of Probation and mediation service of the Czech Republic and overview of czech case law, which was defining for a current understanding of this punishment. First part of this thesis icludes definitions of key concepts that are necessary for understanding on how this punishment works and what it is based on. Second part of this thesis includes overview of the czech legislation related to punishment of community service and its performance and also an overview on how this legislation works in actual fact. Professional literature, opinions of judges, district attorneys and probation officers as well as my own notices were used to decribe its actual works on day to day basis. Third part of this thesis is showing statistical data about this punishment that comes from Probation a mediation service of the Czech Republic. These statistical data shows the number of files...
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