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Activity of the Probation and Mediation Service in the Czech Republic
Plachká, Kateřina ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Activity of the Probation and Mediation Service in the Czech Republic Abstract and keywords The presented thesis deals with the position of the probation and mediation service (PMS) within the criminal law policy of the Czech Republic, its procedures in the field of probation, mediation and other actions it performs within the framework of the criminal process with adult offenders. This work covers juvenile offenders minimally. The aim is to broadly cover the entire activity and role of the probation and mediation service during criminal proceedings. For that reason, the work is divided into several basic sections. The first section deals with the question of punishment and different approaches to this issue, especially in terms of retributive versus restorative justice. A closer examination of the current use of these two approaches shows that we should not even set them against each other, but rather side by side. Furthermore, the work focuses on PMS as an institution. It deals with the way in which it was created, what are its main goals, the purpose for which it was established, but also how it is organized. The work also highlights some of the challenges and problems it currently faces, although overall we can declare its existence to be very beneficial. We discuss the tools through which it achieves...
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Alternatives to unconditional sentence of imprisonment
Skoumalová, Barbora ; Šelleng, Dalibor (advisor) ; Krupička, Jiří (referee)
- 105 - THESIS TITLE, ABSTRACT AND KEYWORDS Alternatives to unconditional imprisonment This master thesis focuses on alternatives to unconditional imprisonment. The main objective of this thesis is to provide a comprehensive analysis of alternative sentences and the basis for their imposition. The thesis includes a detailed analysis of each alternative punishment, including its historical context, the specifics of its imposition, execution and supervision. In order to maintain the integrity of the topic, the first part offers an insight into punishment and defines the purpose of punishment in general. Attention is also paid to the description of unconditional imprisonment, which is necessary to further understand the concept of alternative sentences as well as to compare the pros and cons of different arrangements. The greatest emphasis in this thesis lies on providing a detailed analysis of alternatives to unconditional imprisonment that are capable of fully replacing the unconditional imprisonment. Specifically, these include suspended imprisonment, suspended imprisonment with supervision, house arrest, financial penalty and community service. However, attention is also paid to all other alternative punishments offered by the current Czech Penal Code. For the sake of completeness, the penalties that...
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Agreement on guilt and punishment
Skolil, Ondřej ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Agreement on guilt and punishment - Abstract The topic of this rigorous thesis is an institute of an agreement on guilt and punishment, which is one of the diversions in criminal proceedings that is regulated by our criminal law. Given that the institute of the agreement on guilt and punishment is conceptually subordinated to just mentioned concept of diversions in criminal proceedings, this thesis does not deal only with the institute of agreement on guilt and punishment, but also with all other diversions in criminal proceedings, which are regulated by our criminal law. The main usage goal of the institute of an agreement on guilt and punishment is to simplify and speed up the entire criminal proceedings, when thanks to a conclusion of an agreement on guilt and punishment, the entire criminal proceedings can come to a successful conclusion relatively quickly. This thesis is divided into three chapters. The first chapter deals with the concept of diversion in criminal proceedings, the principle of so-called restorative justice, as well as with all the individual diversions in criminal proceedings (with the exception of the institute of the agreement on guilt and punishment). Part of this chapter are also statistics, thanks to which the reader of this thesis can find out to what extent the diversion is used...
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Mediation of juvenile delinquents
Herman, Iryna ; Podaná, Zuzana (advisor) ; Homolová, Pavla (referee)
(in English): This thesis deals with a restorative justice, or the most widespread method, which represents the mediation. This method is then described in the standard form used in the Czech Republic as well as in the redesigned version adapted for violent crime in the US, which is contained in the first theoretical part. In the practical part, these two forms of mediation are compared with each other. Different moments are then reflected on three case studies, where appeared a mediation of violent juvenile crime. The results of comparison shows that the modified parameters of meidation used in case of violent crimes were not in these case studies demonstrated. This may be due to the fact that all the actionswere of less violent severity, so the differen elements of mediation didnť have to be necesery exploited.
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Conditional discontinuance of criminal prosecution
Nacházel, Vojtěch ; Šámal, Pavel (advisor) ; Gřivna, Tomáš (referee)
This diploma thesis focuses on issues connected with conditional discontinuation of criminal prosecution. This concept enables to temporarily suspend criminal prosecution with the provision that if the accused complies with certain set conditions during a certain probation period, the criminal prosecution will be discontinued with final effect. This paper chiefly aims to analyse in detail the conditions required by the Code of Criminal Procedure for the application of conditional discontinuation of criminal prosecution. The paper also presents a brief analysis of the conditions required for other diversions of criminal proceedings permitted under Czech laws. This diploma thesis consists of the introduction, five individual chapters, of which the third and fourth are further divided into subchapters, and the conclusion. The first chapter deals with the concept of restorative justice, which serves as the ideological basis for procedural diversions. An analysis of its individual values, principles and ideas is presented. The first chapter also includes an outline of the programmes under which restorative justice is being developed. The conclusion of this chapter contains the author's thoughts concerning the individual programmes and their implementation in the Czech legislation. The second chapter...
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Alternatives to unconditional imprisonment
Brandeisová, Anetta ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The name of my thesis is Alternatives of unconditional sentence of imprisonment. Because of a very wide range of alternative of unconditional sentence of imprisonment, I concentrated on suspended sentence, community service, house arrest and fine. I tried to present proposals base on studying laws, judicial decisions, czech and foreign literature. My compulsory work also examines legal regulations in the other countries in order to confrontation with Czech legal regulation and contains de lege ferenda reflections. The Austrian legal regulations of alternatives to imprisonment have been chosen for the purpose of this work, because their systems are close to the system of Czech criminal law. The thesis is divided into six chapters and some of them are divided into subchapters for better clarity. The first chapter is concerned with the concept of punishing. It is subdivided into two other parts. The first one deals with term of the punishment and the second one describes the purpose of the punishment. The second chapter looks into the alternative forms in criminal law in general. This chapter is also subdivided into four parts, which describs one by one the development of the alternative forms, their system, the concept of restorative justice and last but not least the activity of the Probation and...
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First experiences of Act No. 45/2013 about crime victims in practice of assistance providers
Kořínková, Ivana ; Válková, Helena (advisor) ; Hulmáková, Jana (referee)
(in English): The aim of the work was to describe the experience of the providers of assistance to victims of crime with the use of the law in their practice. The experience and the views of the providers were obtained in the form of a questionnaire survey. As a source of data for addressing service has been utilized to view all registered entities providing their services to the victims of the crimes on the web site of the Ministry of justice. The work was focused on the practical application of selected provisions of act no. 45/2013 Coll. and from its results revealed that providers in your practice are finding that the provisions relating to particularly vulnerable victims, are defined too narrowly. Also the communication between the provider and the police is not yet ideally set.
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The selected issues of juvenile criminal justice
Adam, Josef ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
IN ENGLISH The thesis deals with the selected issues of the juvenile criminal justice. The aim of the thesis is to analyze certain issues of the juvenile criminal law, especially the issue of their criminal liability, punishment for their illegal conducts with concentration on upbringing measures, further protection of juvenile privacy and introduction to restorative justice. The respective analyses were realized with respect to historical development of the legal regulation of juvenile justice in the Czech Republic, primarily in form of comparison with the regulation from 1931, which was an inspiration for the current legal act on juvenile justice. Within my thesis I emphasize on aspects of restorative justice and bigger share of upbringing measures.
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House arrest as an instrument of penal policy
Králová, Lucie ; Cejp, Martin (advisor) ; Vávra, Martin (referee)
This thesis, dealing with "House arrest as an instrument of penal policy", reflects problems of ineffective system, increasing the number of prison sentences imposed, exceeding prison capacities and consequential violation of fundamental human rights. In response to improperly configured system of penal policy, in 2010 a new Act no. 40/2009 Coll., The Penal Code was implemented, introducing new institute of house arrest to the Czech justice system. Philosophy of house arrest is in punishing the perpetrator, while maintaining positive relationships that would be otherwise disrupted by his imprisonment. Presented thesis evaluates the implementation of the punishment, reflects benefits, disadvantages and actual barriers in its successful implementation, using expert interviews.
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