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Virtue of Justice in Aquinas
ZÍVALOVÁ, Romana
This bachelor's thesis is devoted to the concept of the virtue of justice as defined and construed by Thomas Aquinas. In the opening chapters, I will introduce the life and work of St. Thomas and his ideas. Justice, which is considered by Thomas Aquinas as one of the cardinal virtues, is dealt with in depth by him, and is therefore given attention in this thesis. The work presented focuses on the applicability of his ideas and understanding of retributive justice for today's educational system. The thesis concludes with new perspectives on the issue of punishment in the framework of effective teaching and a comparison of their values is presented.
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Manifestations of Restorative Justice in Czech Criminal Law
Kusáková, Nikol ; Tejnská, Katarína (advisor) ; Hořák, Jaromír (referee)
This diploma thesis focuses on the concept of restorative justice within the framework of Czech criminal law. It initially centres on the concept of restorative justice itself and subsequently explores its manifestations within both substantive and procedural Czech criminal law. This diploma thesis aims to provide a comprehensive overview of the state of restorative justice within Czech criminal law and offer insights into potential future developments and improvements to the Czech criminal justice system to foster a more restorative approach to justice. The thesis analyses and evaluates Czech criminal law elements with restorative potential and examines how they adhere to restorative principles of restoration, voluntarism, participation, reconciliation and reintegration. The author draws mainly from legal regulations, commentaries, domestic and international scholarly literature, scientific studies, and statistical data. The thesis is structured into six chapters. The first chapter delves into the core concept of restorative justice, its fundamental values and principles, while also defining key terms such as punishment, the purpose of punishment, and retributive justice. The next chapter examines the manifestations of restorative justice in substantive criminal law, with a focus on alternative...
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In the beginning, there was a relationship - the Western culture´s Christian paradigm forming the image of man within the process of criminal justice
TÝMOVÁ, Kateřina
The present thesis paper deals - on theoretical level - with the importance and the gradual evolution of dialogicality of man within the context of criminal justice. In Western European cultural environment the image of man as dialogical being has been inspired by the Judeo-Christian tradition, approaching "the man in relationship" as an unlimited and transcendental form of being. In practical terms, a relationship has been perceived as the fundamental precondition in the process of restoration of a man and as an opportunity to re-approach the original absolute form of humanity, which is in harmony with God´s intention. The culturally accepted dialogical image of man has been reflected in shaping the specific form of systems and institutions created by man, including also the system of criminal law and justice, the main objective of which is enforcing justice. In the spirit of that cultural tradition, emphasis is currently laid on protection of and respect for dignity and individual rights and freedoms of man, and, thus, personal participation of the criminal conflict parties in the process of justice is required. Hence, in the persons of the offender and the victim, justice is rather becoming "the justice of dialogue and negotiation" within restorative justice, and it is so within the limits of law so as the participants´ individual needs and interests can be taken care of and obligations resulting from the conflict can be secured, to the maximum possible extent.
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THE PROBATION AND MEDIATION SERVICES IN CR
VEJSLÍKOVÁ, Markéta
My thesis concerns the process and development of Probation and Mediation Service in both Czech and international context. The theoretical part firstly deals with explanation of main expressions of probation and secondly informs about its historical development. The following part explains Restorative Justice, because it is the starting point of the establisment of the institute of Probation and Mediation Service. This part also defines the idea of Restoration Justice and describes the principals, programs, importance and targets of Restoration Justice. Next part of the thesis deals with Probation and Mediation Service in both Czech and international context. It also describes the cooperation of Probation and Mediation Service with authorities and other institutions. It informs about targets and functions of this service, rights and duties of the office workers and assistants, tools and methods of Probation and Mediation Service workers. The last part of the thesis concerns probation and mediation activities. The following part shows the activities and carrying out the role of Probation and Mediation Service in practical examples to understand it clearly and easily. Casuistries 1, 2, 3 shows the activities of Probation and Mediation Service in mediation area. Casuistries 4, 5, 6 shows the activities if probation. The target of this thesis is the overall description of the function of Probation and Mediation Service with the help of bibliography and the act No. 257/2000 of the code about Probation and Mediation Service. The thesis answers the initial research question: What is the function of Probation and Mediation Service in the Czech Republic? In the research part of the thesis I chose the qualitative research strategy and document analysis for gathering the information and searching for the research question. I used the questioning method within the researched group. The questioning of the workers of Probation and Mediation Service pursued during February 2013. The questioning concerned the examined probation and mediation examples with respect to intructions regulating the procedure of the office workers and assistants PMS ČR in the area of performance of supervision over violent crimes perpetrators and the Methodic Standard PMS ČR in the areas of preliminary proceedings and criminal trial. The document analysis was created by individual mediation and probation examples. Three examples were chosen from mediation area as well as three examples were chosen from probation area. The result of the thesis concentrates on the description of the process of individual cases.The conclusion of the thesis contains the function of Probation and Mediation Service of the Czech Republic, the summary of individual cases and results and evaluation of the overall contribution of the thesis.
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House arrest and its perception by the offenders.
HRUŠKOVÁ, Hana
The present study summarizes the modern approach in the alternative sentence of the house arrest and its perception by the offenders. The study is divided into 2 parts ? theoretical and research. The theoretical part consists of characterization of the restorative justice, general definition and law framework of the house arrest in the Czech Republic and the work of the Probation agency regarding those sentenced to the house arrest. It also examines the house arrest sentence as defined around the world, compares the European and American model and summarize the current state of the electronic monitoring and the implementation of the electronic monitoring service in the Czech Republic. The research part investigates the subjective perception of the house arrest by the sentenced, their motivations for the cooperation with the Probation agency and the most painful restrictions of the home confinement over the weekends. The future of the house arrest in Czech Republic now rests with the implementation of the electronic monitoring and subsequent social reintegration of the offenders as done by the Probation agency.
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Comunnity Service Odere in South Bohemia Region
ŠTĚCHOVÁ, Michaela
This work deal with the Community service order, its enactment given by the law no. 140/1961 Sb. (Criminal code) and 141/1961 Sb. (Code of criminal procedure) and by the changes concerning this punishment under the rule of law no. 40/2009 Sb. (Criminal code) with validity from 1.1.2010. Furthermore, the work deal with role of Probation and mediation service in verification of Community service orders with regard to routine in Southern Bohemia. In the end of the work are used a statistical data concerning the number of Community service orders in Sothern Bohemia in the years 2001-2009.
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