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Punishment of Recividism
Kopačka, Adam ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Punishment of Recividism Abstract This diploma thesis deals with the topic of criminal recidivism which is a global problem, the solution of which should be one of the goals of the state's criminal justice system and at the same time it is a measure of its success rate. The frequency of recidivism to some extent reflects the effectiveness of criminal sanctions, the effectiveness of their enforcement, but also social influences such as the demographic distribution of the population or social inequality. Recidivism is a problem that cannot be definitively solved but it is possible to approach the ideal of its punishment, and thus the effective fight against repeated offenses by recidivizing criminals. Recidivism can be viewed from the perspective of many scientific disciplines. This work aims to describe recidivism in the eyes of criminal law. It depicts the legal instruments that serve to punish recidivists more severely, the conditions of their application and their impact on the type and amount of punishment. Although the aim of the thesis is to map especially effective law, recidivism is also approached in its historical context as this aspect is key to understanding older case law. The domestic legislation is also partially compared with foreign legislation which can be a useful inspiration for...
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Alternative sanctions in the Czech Republic.
Mrajcová, Simona ; Cejp, Martin (advisor) ; Vávra, Martin (referee)
This diploma thesis deals with alternative sanctions in the Czech Republic. It primarily focuses on the cooperation between relevant actors during the process of decision-making about the type of sanction, its execution and supervision, and also concentrates on possible changes of its use after the amendment of criminal law in 2010. To give a complex view on given issue, the thesis also shortly focuses on alternatives to sanctions and diversions of criminal proceedings. System of alternative sanctions is framed by criminal policy and criminal law of the Czech Republic and factors that have influence on functioning of the system are determined. Those factors are multinational structures (OSN, EU, Council of Europe), level of registered criminality, forms of criminality and public opinion. Despite the fact, that Czech criminal law contains quite wide enumeration of alternative sanctions, there are still opinions that they are not used enough and that imprisonment is still preferred and it causes overcrowding of prisons and it is burden for state budget. Judges and prosecutors advocate themselves and claim that the problem is not on their side but rather the conditions of alternative sanctions which are poorly regulated and so it discourages from their use. Also the non-conceptual attitude of criminal...
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Crime and Punishment in the Eyes of Cesare Beccaria: An Analysis of an Enlightenment Penal Law Reform
Bojar, Tomáš ; Sokol, Jan (advisor) ; Wintr, Jan (referee) ; Tinková, Daniela (referee)
Crime and Punishment in the Eyes of Cesare Beccaria An Analysis of an Enlightenment Penal Law Reform The Ph.D. dissertation is centred around a relatively concise, but extremely influential book: Cesare Beccaria's treatise On Crimes and Punishments (Dei delitti e delle pene). This work, first published in 1764, sums up in a clear, yet intellectually penetrating way all the main Enlightenment principles of a complex penal law reform. In its time, the book was not only of great philosophical importance and it not only changed the way western societies perceived crime and punishment, but it also served as a concrete guideline for various penal law reformers. It is therefore by no means an overstatement to say that it caused a true paradigm shift in both legal and moral philosophy. The main aim of the thesis is to give a legal-philosophical account of Beccaria's thoughts on crime and punishment, to examine their historical as well as moral background and show the actual impact they had on the legislation of many different, mainly European states. The first chapters of the dissertation are focused on Beccaria's life, his intellectual background and his formative influences (particularly the French, English and Scottish Enlightenment, the social contract theory, utilitarianism, Montesquieu's thoughts on penal...
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Sentencing in criminal procedure
Vacík, Kamil ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Sentencing in practice Abstract This rigorosum thesis is dedicated to principles applied during imposing a sentence on natural persons charged with a criminal offense. It focuses on the area of judicial discretion within legal limits for imposing particular sentences. It examines the purpose of sentences, especially with regard to its preventive (educational) as well as repressive function in relation to the offender. The thesis deals with the factors that a judge should take into account when considering the type of sentence and penalty with respect to both the preventive and repressive purpose of the sentence. The purposes are expanded on in the parts concerning imprisonment, financial penalty and expulsion. The thesis consists of eight chapters. The first one provides a general introduction to the principles of imposing sentences and the system of sentences, including the issue of a sentence purpose. In the second chapter, the author examines the application of principles of imposing sentences in relation to one offender. In this part, the author concentrates on cumulative sentences, in particular alternative ones, i.e. those with a predominantly educational function. Likewise, the author considers the effect of this type of sentences on correcting the behaviour of the offender who commits criminal...
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Death penalty
KAMENICKÁ, Eva
Abstract The main topic of this Bachelor´s thesis is the capital punishment. The aim of this thesis is to chart public opinion on this very controversial topic. The thesis also includes a research in which I examined public opinions on this metters. The aim of the theoretical part is to summarise and to explain the main terminology concerning this issue. It also provides a historical overview of the usage of capital punishment both in the Czech Republic and abroad. It shows the pluses and minuses of the topic and evaluates this issue from the philosophical and historical point of view. The practical part points at the public opinion on the re-establishment of the capital punishment in the Czech Republic. In this research has been employed a quantitative survey using questionnaires. My hypothesis states: People agree with the re-establishment of the capital punishment. The questionnaire has been originated through the website www.survio.cz and has been sent to social departments of various offices. It has also been displayed at the social media within the university where many students could express their opinions. I have gained 355 responces, six of which were discarded due to the incorrect completion. Out of these questionnaires I have created some diagrams featuring public opinion on the given issue. More details are included in the practical part.
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death penalty
KAMENICKÁ, Eva
Abstract The main topic of this Bachelor´s thesis is the capital punishment. The aim of this thesis is to chart public opinion on this very controversial topic. The thesis also includes a research in which I examined public opinions on this metters. The aim of the theoretical part is to summarise and to explain the main terminology concerning this issue. It also provides a historical overview of the usage of capital punishment both in the Czech Republic and abroad. It shows the pluses and minuses of the topic and evaluates this issue from the philosophical and historical point of view. The practical part points at the public opinion on the re-establishment of the capital punishment in the Czech Republic. In this research has been employed a quantitative survey using questionnaires. My hypothesis states: People agree with the re-establishment of the capital punishment. The questionnaire has been originated through the website www.survio.cz and has been sent to social departments of various offices. It has also been displayed at the social media within the university where many students could express their opinions. I have gained 355 responces, six of which were discarded due to the incorrect completion. Out of these questionnaires I have created some diagrams featuring public opinion on the given issue. More details are included in the practical part.
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Crime and Punishment in the Eyes of Cesare Beccaria: An Analysis of an Enlightenment Penal Law Reform
Bojar, Tomáš ; Sokol, Jan (advisor) ; Wintr, Jan (referee) ; Tinková, Daniela (referee)
Crime and Punishment in the Eyes of Cesare Beccaria An Analysis of an Enlightenment Penal Law Reform The Ph.D. dissertation is centred around a relatively concise, but extremely influential book: Cesare Beccaria's treatise On Crimes and Punishments (Dei delitti e delle pene). This work, first published in 1764, sums up in a clear, yet intellectually penetrating way all the main Enlightenment principles of a complex penal law reform. In its time, the book was not only of great philosophical importance and it not only changed the way western societies perceived crime and punishment, but it also served as a concrete guideline for various penal law reformers. It is therefore by no means an overstatement to say that it caused a true paradigm shift in both legal and moral philosophy. The main aim of the thesis is to give a legal-philosophical account of Beccaria's thoughts on crime and punishment, to examine their historical as well as moral background and show the actual impact they had on the legislation of many different, mainly European states. The first chapters of the dissertation are focused on Beccaria's life, his intellectual background and his formative influences (particularly the French, English and Scottish Enlightenment, the social contract theory, utilitarianism, Montesquieu's thoughts on penal...
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Alternative sanctions in the Czech Republic.
Mrajcová, Simona ; Cejp, Martin (advisor) ; Vávra, Martin (referee)
This diploma thesis deals with alternative sanctions in the Czech Republic. It primarily focuses on the cooperation between relevant actors during the process of decision-making about the type of sanction, its execution and supervision, and also concentrates on possible changes of its use after the amendment of criminal law in 2010. To give a complex view on given issue, the thesis also shortly focuses on alternatives to sanctions and diversions of criminal proceedings. System of alternative sanctions is framed by criminal policy and criminal law of the Czech Republic and factors that have influence on functioning of the system are determined. Those factors are multinational structures (OSN, EU, Council of Europe), level of registered criminality, forms of criminality and public opinion. Despite the fact, that Czech criminal law contains quite wide enumeration of alternative sanctions, there are still opinions that they are not used enough and that imprisonment is still preferred and it causes overcrowding of prisons and it is burden for state budget. Judges and prosecutors advocate themselves and claim that the problem is not on their side but rather the conditions of alternative sanctions which are poorly regulated and so it discourages from their use. Also the non-conceptual attitude of criminal...
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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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Home arrest - possible alternative to imprisonment
SLABÝ, Václav
This thesis deals with house arrest punishment as an alternative to classical imprisonment. It starts with analysing various perspectives on the purpose of punishment, penalty function and using human ? law documents defines limits for sentencing in the criminal justice system. Furthermore this work overviews house arrest punishment by historical moments in different legal standards of the Czech Republic since dissolution of the Austro-Hungarian Empire to the present. This work describes the current legal system of house arrest punishment, methods of control, tasks of the Probation and Mediation Service in connection with house arrest punishment and compares it with classic imprisonment. At the same time it contains a brief overview into different foreign laws and ethical analysis of some aspects of house arrest punishment. In conclusion, the author assesses if house arrest punishment fulfils the purpose of the punishment in the soft form of personal freedom limitation and looks at this institution from the perspective of legal aspect ?de lege ferenda?.
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