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Temporary release from prison or provision of escort for urgent family reasons as part of the right to respect for private and family life of detained persons
Drahorád, Jakub ; Řepa, Karel (advisor) ; Suchánek, Radovan (referee)
Temporary release from prison or provision of escort for urgent family reasons as part of the right to respect for private and family life of detained persons The thesis deals with the issue of exercising the right to respect for private and family life by persons deprived of personal liberty due to detention or imprisonment in the form of the possibility to temporarily leave prison space, accompanied by an escort or alone, for serious family reasons. By these the thesis means attending the funeral of a close relative or the possibility to visit them in the hospital while suffering from a life-threatening condition. While in the case of persons remanded in custody, this issue is not regulated in any way by legal or secondary legislation, in the case of persons serving a custodial sentence in prisons with increased security or for life, it is partially explicitly prohibited. In practice, therefore, these persons are barred from exercising their right under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In the case of persons in the "regular mode" of serving a prison sentence, the execution of this right is dependent on the discretion of the prison director, who does not have to justify his informal decision to suspend the sentence, which is not...
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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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Restrictions on personal freedom in theory and practice
Pouska, Tomáš ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
1 Restrictions on personal freedom in theory and practice Abstract The subject of this rigorous thesis is the connection of the theoretical and practical concept of permissible interference with the personal freedom of an individual in criminal proceedings, with an emphasis on the protection of the fundamental rights and freedoms of the person concerned. The basis of the thesis is the description and more detailed definition of some specific institutes of criminal law, in the form of detention, arrest, detention and imprisonment, which seriously interfere with personal freedom and are directly connected with the imprisonment of persons. The rigorous thesis compares and analyzes the legal embedding of the above- mentioned criminal law instruments at the national and international level with their application in real life practice and points out some fundamental differences that occur when they are used by law enforcement authorities. Attention is primarily paid to the degree of compliance with the guarantees of permissible interference with personal freedom by public authorities, the legitimacy of individual interference and also their adequacy and proportionality in relation to the goal pursued by these means. The rigorous work examines whether these criminal law institutes are applied rationally, whether...
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A Comparison of Prisoners' Voting Rights Legislation in Europe
Rozman, Jakub ; Stauber, Jakub (advisor) ; Čapek, Jakub (referee)
This work illustrates, in both theoretical and practical terms, the tension between the standard of democratic establishment in the form of universal suffrage and, on the other hand, the exclusion of certain groups, in this case prisoners, from the electoral process. The right to free choice is the essence of a democratic society, and any limitation to it naturally raises questions seeking appropriate justification. While the weight of an individual's voice throughout society is insignificant, and only in rare cases can an individual or a small group influence the final outcome, the right to vote also serves another function - it is a symbol of a person's status in society as a citizen. The restrictive notion of prisoners' suffrage has its roots in the antiquated concept of "civil death" and typically makes a counterfactual argument. But society has gradually undergone fundamental changes, and modern justifications are being demanded. Legal punishment is the natural implication of committing a crime, but what must a person commit in order to have his or her citizenship temporarily or forever diminished in liberal democracies that espouse values such as equality, inclusiveness, and the right to self- determination?
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Criminological aspects of Criminal recidivism
Rydlová, Kateřina ; Kopečný, Zdeněk (advisor) ; Šelleng, Dalibor (referee)
Criminal recidivism is one of the key issues that criminology deals with. By finding a way to eliminate or at least reduce criminal recidivism we would extensively reduce overall crime rates. That is why it is important to continue in examining the causes of recidivism and the efforts of its reducement, and to develop and increase the knowledge in this sphere in accordance with the constantly evolving and changing society, so that we can react flexibly to the changes. The goal of this thesis is to show the historical development of the institute, the causes of recidivism, and the possible ways of prevention. In the first chapter I explain the term and different concepts of criminal recidivism. In the second chapter I summarize the historical development of the legislation of recidivism in our country. Chapter three focuses on the current legislation of recidivism. Based on different circumstances, recidivism can be the reason for a stricter punishment. Chapter number four deals with the causes and predictors of recidivism. Generally speaking, we can divide the causes to external influences, internal influences, their motivation and finally, the way that the rest of the society perceives them. Lastly, chapter number six I talk about the current criminal rates and criminal recidivism in the Czech...
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The importance of education within the process of resocialization of convicts
Hořejší, Šárka ; Veteška, Jaroslav (advisor) ; Kříž, Jaroslav (referee)
This diploma thesis deals with the issue of education of people serving a prison term. Education represents the key tool of resocialization, i.e. a specialist work with convicts. The first part of the thesis is going to devote attention to resocialization and to the subsequent education of convicts in terms of prevention as well as in terms of the atonement by means of the integrative tools. Within the scope of the execution of the prison sentence, education is an essential part of the treatment programs, which are oriented to create the preconditions for an independent way of life. The theoretical part is also going to focus on the legislative embedding of education of convicts in the Czech Republic and the best practice from abroad. In the descriptive-analytical part, the focus is going to be laid on two particular institutions (the improsenment facility Světlá nad Sázavou, the improsenment facility Všehrdy) and their comparison. The aim of the work is to investigate the specifics of the choice of the formal education, mostly provided by school educational centres, and non-formal education provided directly by employees of the individual institutions. It describes their connection with the motivation of convicts for further education. KEYWORDS imprisonment, resocialization of convicts, factors of...
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The right of child, who is placed under institutional care, to be in contact with one of its imprisoned parents
Chocholoušová, Soňa ; Šabatová, Anna (advisor) ; Matoušek, Oldřich (referee)
CHOCHOLOUSOVA, S. The right of child, who is placed under institucional care, to be in contact with one of its imprisoned parents. Prague: Faculty of Arts of Charles University in Prague, 2013. 140 s. Diploma thesis. This diploma thesis is focused on the children of imprisoned parents in the Czech Republic. It deals with the right of the child to have contact with a parent in prison, the actual realization of this contact and its support in Czech and international legal frameworks. In the center of attention is due to the imprisonment of parents and separated families. There are problems with severing emotional attachments between the separated child. Growing up in childcare institutions, without their biological parent, has implications for their upbringing. Thanks to theoretic knowledge and conclusions the theoretical part is drawn up and implemented by quantitative questionnaire surveys of all childcare institutions in the Czech Republic. Their purpose is to find out whether the child's right to contact with imprisoned parents is carried out, what type of contact is most often implemented, and what obstacles prevent most of the contact. On the basis of quantitative and partly qualitative data, this is assessing the current problem of "Children of imprisoned parents" and in conclusion, there are...
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As is reflected in the total institution life
Babková, Johana ; Šmídová, Olga (advisor) ; Kurucová, Ľubica (referee)
The subject of this thesis is a description and analysis of life imprisonment prisoners' daily life. The thesis deals with wider integration of daily life in jail. The jail as an institution and its impact on prisoners' life is described in theory. Problems of life imprisonment, key words connected with daily reality of total institutions and jail as a formal organization are also analysed. This work points out the lost of life imprisonment prisoner's identity and the importance of process adaptation in it. That means that life in jail is connected to identity lost during his collision with total institution. This process of identity lost is obvious particularly in of life imprisonment prisoners. In theoretical part of this thesis I derive from references of sociologists who work with topics of total institutions, stigmatization, moral career, technique of power and other sociological concepts. I try to show the impact of punishment on one's identity, what strategies of dealing with stress prisoners use and the whole picture of prisoner's personality impacted by the isolation from outer world to the end of the life. I would like to summarize the daily routine of life imprisonment prisoner. I suppose that this thesis doesn't give unambiguous conclusions but I would like to expound this sphere and...
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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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