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Protective Treatment and Secure Detention
Řepková, Dita ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee) ; Nett, Alexander (referee)
PROTECTIVE TREATMENT AND SECURE DETENTION This thesis addresses the legislation governing protective treatment and secure detention, which in Czech criminal law is one of the protective measures that have become an integral part of Czechoslovak and Czech criminal codes since 1950. I focused on a detailed analysis of the current legislation of protective treatment in the form of either outpatient, or institutional and secure detention. The aim of the thesis was to evaluate whether the legislation of both measures would stand from the point of view of the principle of subsidiarity of secure detention in relation to protective treatment, not only in the interpretation of statutory provisions, but particularly in their application by the ordinary courts. I have examined the decisions of the ordinary courts regarding case law of the Constitutional Court and the European Court of Human Rights. To address this issue, I have used both standard and classical methods and techniques of criminological research, in particular document analysis and an analysis of available statistical data from the official departmental databases of the Czech Ministry of Justice and the Czech Prison Service. The legislation of these measures was also examined from the point of view of an historical analysis of legal documents. A...
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The crime of drunkenness according to § 360 of Act No. 40/2009Coll., Criminal Code
Chamrádová, Natalie ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
This thesis, bearing the name "The crime of drunkenness according to § 360 of Act No. 40/2009Coll., Criminal Code" aims to analyse and understand deeper the crime of drunkenness in all its aspects. Initially, it deals with the historical kontext of this crime and the development of its conception through history to this day. The thesis also describes terms of diminished sanity and insanity as well as other terms related to the crime including the institute actio libera in causa in both of its forms. This crime is indeed an atypical one, whilst being one of the methods of dealing with illegal deeds committed by inflicted insanity. Such crime lies in the fact that the offender of an act otherwise criminal (one lacking an important sign of a crime) had, prior to such act, induced himself to a state of insanity by culpable consuming or applicating an addictive substance. Insanity as itself exclude criminal culpability of the offender, however not in cases hen offender self-inducing it by consuming or applicating an addictive substance, which makes the crime of drunkenness unique. No less interesting is that, in a way, the crime of drunkenness overcomes the principle nullum crimen sine culpa, or no crime without culpability, since it is composed of two separate actions, while culpability revers only to...
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Protective treatment and security detention
Doležalová, Kristýna ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Protective treatment and security detention Abstract The topic of the diploma thesis is protective treatment and security detention. These are two criminal sanctions and protective measures, that may be used by state as a reaction to committed criminal offence or other offence. A penalty is not in some cases adequate sanction to committed criminal offence and that is the reason why we have protective measures - to protect society and to help to the offender. The protective treatment and the security detention are mutually connected sanctions. As well, the security detention is a protective measure that is subsidiary to the protective treatment. The diploma thesis is divided into five chapters. The first chapter deals with general legal regulations of protective measures. This chapter also contains comparation between penalties and protective measures. The second chapter discuss basic terms that are used in the criminal code to lay down conditions in which the protective treatment and the security detention may be imposed. The third and the fourth chapters are the main chapters in the diploma thesis. The third chapter and the fourth chapter deal with the protective treatment and the security detention itself. These chapters are for easier orientation and comparation of both protective measures arranged in a...
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Protective therapy and preventive detention
Rohnová, Anna ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Protective therapy and preventive detention Abstract The aim of the diploma thesis is to provide a comprehensive description of protective measures with an emphasis on two specific protective measures, namely protective treatment and security detention. These are criminal sanctions that are the result not only of a criminal offense, but also of an otherwise criminal offense. The basic function of these measures is not only to protect society from dangerous persons who have committed harmful acts on the basis of their mental disorder, sexual deviance or dependence on alcohol or other addictive substances, but also therapeutic effect on the personalities of these offenders so that their danger to society as minimized as possible and allowed them to return to normal life. The introductory chapters contain the basic characteristics of protective measures, their comparison with penalties and a brief description of the remaining protective measures, ie the institute will prevent things, prevent part of the property and protective education. The following chapter deals with the basic concepts that are closely related to both institutes, and whose understanding is crucial for grasping the whole issue. In the following chapters, I then deal in detail with the individual aspects of protective treatment and security...
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Protective treatment and security detention
Fojtlová, Klára ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
The topic of this diploma thesis is represented by two protective measures - protective therapy and security detention. The aim of this thesis lies in familiarization with their most important aspects in order to get a better picture of their character and possibilities of imposing them. Due to space limitation, the thesis focuses on legal regulations of imposing protective therapy and security detention on adult perpetrators. Only significant differences in legal regulations concerning children under 15 and juveniles are discussed. The diploma thesis is divided into five chapters. The first chapter deals with a dualistic system of penal sanctions in general as well as a classification of protective therapy and security detention. This chapter also specifies differences between punishments and protective measures, purpose of these penal sanctions and principles of their use with a particular emphasis on protective measures. In order to understand the conditions for imposing protective therapy and security detention, the most important terms are discussed in the second chapter. A significant part of this diploma thesis is included in the third and fourth chapter which cover the analysis of protective therapy and security detention itself. Each of these chapters describes the aforementioned...
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Protective Treatment and Security Detention
Toman, Lukáš ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
Protective Treatment and Security Detention Abstract This diploma thesis summarizes information about the institutes of involuntary commitment, especially involuntary treatment and security detention. A goal is to describe their development, imposition and their program. The next goal is to examine the influence of physical activity on patients and perpetrators who had been subjected to involuntary treatment or security detention. And finally to describe the opportunities for physical activity in psychiatric hospitals and detention institutes. This diploma thesis also surveys the opinions of the staff working in these facilities on the above stated issues. The first part introduces basic information concerning this topic. Next comes a part describing types of punishments and preventive measures. In the subsequent part, I describe measures imposed on juveniles and children under the age of 15 with an emphasis on protective education. Next, I explain important concepts and terms connected with this topic. I pay attention primarily to insanity, diminished sanity, mental illnesses and abuse of addictive substances. The thesis describes protective treatment in general as well as the types of protective treatments and the way they are carried out. The imposition of protective treatment is the topic of the next...
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Protective treatment and security detention
Paleček, Miloš ; Hořák, Jaromír (advisor) ; Vanduchová, Marie (referee)
Protective treatment and security detention Abstract The topic of this diploma thesis is two protective measures - protective treatment and security detention. This is a criminal sanction which is legal consequences crime or other offense. Their function is treatment, rectification of the perpetrator and protection of the company against dangerous persons. Due to the number of recent cases when mentally ill offenders commit serious acts of violence after release or escape from protective treatment, is a topical topic. The aim of this thesis is the characterization of protective measures in general and a detailed analysis of the individual aspects of protective treatment and security detention, their storage, performance, duration, change and termination. In the case of protective treatment, I also characterize its forms and types. By analyzing effective regulation, I will evaluate these safeguards in terms of de lege lata and also propose possible measures de lege ferenda. In the introductory chapters I characterize the concept and purpose of the protective measures and also compare them with punishments. I briefly describe the prevention of the matter, the prevention of part of the property and the protective education. I then define the important concepts with which the protective measures work, such as...
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