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The issue of life imprisonment
Březinová, Kristýna ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
ISSUE OF THE LIFE IMPRISONMENT SUMMARY The purpose of this diploma thesis is to analyse the issue of life incarceration and some of the matters, which are related to this kind of punishment. I have decided to choose this topic because I have always been interested in the question of how society should punish the most serious crimes. Moreover, this punishment was introduced into the Czech legal framework not that long time ago, so in my opinion, there is still much space for its improvement. The life incarceration, which is the severest punishment possible within the Czech legal frame-work can be imposed by court only in the cases of the most serious crimes such as aggravated murder, terrorist attack or high treason. It was implemented in 1990 by the Criminal Code Amendment Act, which abolished the death penalty and replaced it with the life sentence. This thesis is divided into seven main chapters. The first part defines the basic terms, also it explains the purpose of punishment and deals with the system of punishments available according to our Criminal Code. Next chapter shows us briefly the evolution of punishments, especially of the life imprisonment, from the oldest civilizations up to the present. The third and fourth part are the core parts of this thesis, because they concern with the actual...
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Unconditional imprisonment
Rozsypal, Martin ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
This thesis deals with the issue of imprisonment, which is the strictest penalty that our legal system uses. Although the possibility of alternative sanctions has extended widely in recent years, imprisonment still retains a very important position in the system of criminal sanctions, as it is a punishment that can be imposed for the commission of any crime. Imprisonment therefore remains and shall remain punishment designated primarily for the perpetrators of the most serious criminal activities. The aim of this work is to assess the current situation of the Czech prison system with regards to the relevant legal regulation of imprisonment, including problems associated to it. This thesis consists of seven chapters; each of them deals with various aspects of this form of punishment. The first chapter is devoted to theoretical issues of the concept and purpose of the punishment. There are two main approaches mentioned in the discussion about the purpose of punishment; the absolute theory and relative theory. Attention is also given to the purpose of punishment in the Czech legal regulation of criminal law. The second chapter deals with the historical perspective on the evolution of punishment and gradual enforcement of the imprisonment sentence in the criminal sanctions. This chapter then discusses...
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Issues of criminal liability of legal entities
Hudáková, Jana ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
Hudáková, J. Criminal liability of legal persons Criminal liability of legal persons is a significant change to the continental European law. It is a sensible breakthrough into the core principle of an individual criminal responsibility of individuals. In connection with the adoption of Act No. 418/2011 Coll., on the criminal liability of legal persons and proceedings against them, the thesis deals with main aspects of the criminal liability of legal persons in the Czech Republic. After defining of legal grounds of the criminal responsibility author subsequently discusses sanctioning of legal persons. At the same time, the author discusses legal regulation of moral person criminal liability in France. She outlines the principles of criminal liability of legal persons, as well as the conditions for imposing sanctions. The author tries to demonstrate, by means of the attached statistical surveys, the numerous application of this institute in the French legal practice. Finally, the author tries to compare Czech and French legislation in selected aspects.
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Criminal legislation of drug abuse
Tukinská, Markéta ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Herczeg, Jiří (referee)
Title: Criminal legislation of drug abuse Author: Mgr. Markéta Tukinská Supervisor: Prof. JUDr. Jiří Jelínek, CSc. Abstract: Drug abuse is a worldwide problem. The production and illegal trade of drugs is the domain of international organized crime. Illegal weapon trade and human trafficking often follow these activities. The drug abuse means serious threat for the society. It doesn't mean danger only for the drug addict, who is suffering from health problems, which are following the addiction, family and friends alienation, financial problems and losing its place in the society, drug addicts often need medical care, they commit crimes to earn money, because they are unable to do it legally, and they are often carrying and spreading lots of infectious diseases. It's not only the people living on the fringe of society who become drug users. Due to the very rapid lifestyle, consumerism, desire for experiences, which are more intense, even managers who want to be more efficient at their work or young people desiring the amusement are becoming drug users. We should not forget the most famous and abused drug - alcohol. The real danger of this drug is in the social tolerance of drinking alcohol and also its abuse, because not to drink is abnormal for our society. It is not so rare to see on the news that the...
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Adequacy of penal sanction: Comparison of punishing traffic criminal offences and decumbent traffic administrative offences committed under influence of addictive substances in Czech and Slovak republic.
Mikuš, Michal ; Vanduchová, Marie (advisor) ; Hořák, Jaromír (referee)
Adequacy of penal sanction: Comparison of punishing traffic criminal offences and decumbent traffic administrative offences committed under influence of addictive substances in Czech and Slovak republic. Master's Thesis Michal Mikuš Summary. This thesis makes survey on a punishing adequacy of traffic offences committed under influence of alcohol and the other addictive substances. The theoretical basis, that knowledge is necessary prerequisite for reviewing punishing adequacy, like theories of punishment, purpose of punishment and a principle of adequacy, are in the theoretical part of the thesis. In the special part of the thesis is comparison of valid and effective law in the Czech and Slovak Republic. The practical part of the thesis is composed of an analysis of decisions delivered by the County Traffic Inspectorate Banská Bystrica, County Traffic Inspectorate Bratislava I., Banská Bystrica County Court, Bratislava I. County Court, City Hall of Zlín, City Hall of Prague, Zlín County Court and the Prague 2 Circuit Court. The analysis is composed not only of punishment adequacy review, but also of the all substantive and procedural deficiencies, that occurred in the decisions of particular state's body. At the end is provided comparison of analysis outcomes, which stemmed from decisions of national...
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The issue of life imprisonment
Hanušková, Marta ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The purpose of my thesis is to analyse the life imprisonment and answer basic questions related to issue of this criminal sanction. It is necessary to study the life imprisonment from the perspective of the criminal law, but in the light of psychological and social aspects that are connected with the long-term imprisonment. The thesis is composed of six main chapters, which are divided into different subchapters. Each of these chapters is dedicated to several aspects of life imprisonment and this work is trying to give a global view of the life imprisonment. The Introduction is followed by Chapter One which defines the term and purpose of the punishment. This Chapter presents the history of the evolution of the punishment. This work describes development of the concept of the punishment from retribution and frighten to the modern comprehension that respects human rights and liberties. The work is pointing out the example of the remarkable Italian scientist Cesare Beccaria, who came with the modern comprehension of the punishment in the era of the Enlightenment. However, the modern view prevailed not earlier than in the 19th century. The Chapter One also explains the system of the punishment. The Chapter Two examines the death penalty. The death penalty is a sanction that must be compared with the...
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Unconditional sentence of imprisonment from perpective of theory and practice
Pleva, Jiří ; Jelínek, Jiří (advisor) ; Kalvodová, Věra (referee) ; Herczeg, Jiří (referee)
Unconditional sentence of imprisonment from perspective of theory and practice Dissertation JUDr. Jiří Pleva Abstract Author tried to express his opinions to contemporary theory and practice concerning the unconditional sentence of imprisonment and provide some impulses to an appropriate change in his thesis. The basic motto of the introduced discourse was the statement that the prime sign of the imposed sentence is the loss (evil) caused to the criminal. Author wanted to prove the ineffectiveness of the imposed sentences in the cases when the subsequent execution of the punishments will not be for the criminal appreciable enough, whereas the factual appreciability of the punishment is only ad hoc to be stated regarding to the situation of the particular offender. Generally extended statement was disproved, that the unconditional sentence of imprisonment was always the strictest form of punishment, by the chosen cases from the court room and also from the prison practice. In thesis author tried to emphasize the importance of all basic purposes of the punishment, until now modified in § 23 of the Criminal code (1961) which cannot be left out at considerations either about imposing sentence or after the coming into force of the new Criminal code (2009). In spirit of the mixed theory of punishment he expressed...
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The penal carew in the prison in Knyšperk nad Ohří in light of social pedagogic
Vorlíčková, Kateřina ; Lorenzová, Jitka (advisor) ; Poláčková, Věra (referee)
The theme of this thesis is presentation of the theoretical and practical activities of the Czech Republic Prison Service in a resocialization of convicts from the social pedagogy perspective. The theoretical part of the thesis is defined by the basic theoretical issues related to rehabilitation of prisoners, an interpretation of the legal measures, methods of educational function and activities of teaching staff involved in a re-education of prisoners. An activity treatment program of prison Kynsperk nad Ohri in terms of socio-pedagogical and convicted points of view is analyzed in the empirical part of this thesis then.
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