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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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House Arrest Punishment, Its Execution and Control
Fiedlerová, Dana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
This thesis deals with the house arrest sanction which is one of alternatives of the unsuspended sentence of imprisonment. The author tries to summarize accessible information on the history of house arrest and electronic monitoring. The main aim of the thesis is to briefly present substantive and procedural legal regulation of the house arrest sentence in the Czech Republic. This thesis also covers other issues such as the role of the Probation and Mediation Service in the process of imposing the sanction of house arrest and in the enforcement of this sanction, advantages and disadvantages of house arrest and the outline of legal regulation of house arrest in some other states.
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Alternative house arrest in the Czech Republic and in England and Wales
Kábrtová, Barbora ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Home detention as an alternative sanction in the Czech Republic and in England and Wales This thesis mainly aims on describing certain type of punishment generally called home detention and it's different forms that it takes within the jurisdiction of England and Wales and the Czech Republic. The main purpose of this thesis is to provide overview of those variants of home detention alongside with description of requirements that need to be fulfilled so that the home detention may be imposed. This thesis also provide description of processes of execution of home detention and description of processes that are triggered when conditions of home detention are breached in both England and Wales and the Czech Republic. Comparison of Czech and English forms of home detention shall highlight deficiencies existing mainly in Czech legislation. This thesis is divided into four main chapters that deal with various issues relating to the main topic of this thesis. Meaning of the term of punishment is explained in the first chapter of this thesis, focusing mainly on purpose and function of punishment. Punishment is also explained from the historical point of view, providing overview of evolution of punishment throughout the years and explaining the rise of alternative sanctions. Special attention is given to...
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Alternatives to Unconditional Sentence of Imprisonment
Kuchaříková, Martina ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
The topic of my thesis are the alternatives to unconditional sentence of imprisonment, while the main emphasis is given to conditional sentence, conditional sentence with supervision, house arrest, a sentence of community service and financial penalty, which means alternative punishments in narrow sense. The aim of my thesis is to describe and summarize the legislation concerning alternative sanctions to unconditional sentences of imprisonment, and to assess the usage of alternative sanctions, as well as to present proposals de lege ferenda. The paper consists of introduction, six chapters, and conclusion. The first chapter analyses the concept of punishment, its purpose and elemental principles that apply for imposing sentences. The introduction to the second chapter focuses on disadvantages of imposing unconditional sentence of imprisonment. It also deals with short-term punishments. It mentions international approaches to alternative measurements, especially the activity of the UN and the Council of Europe. Furthermore, this chapter describes the system of alternative measures. It presents process alternatives, known as diversions, and substantive alternatives, including alternatives to punishment and alternative sanctions. The conclusion of the second chapter deals with the alternative...
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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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Alternatives to unconditional imprisonment
Geaney, Irene Sheila ; Hořák, Jaromír (advisor) ; Říha, Jiří (referee)
The Master's thesis provides a comprehensive analysis of possible alternatives to imprisonment. It is indisputable that incarceration is the most severe penalty that can be applied to law-breakers in the Czech Republic. To use this punitive measure in cases where it might not be appropriate would be in breach of humanitarian principles and of proportionality. For this reason, it is incumbent on states to reflect on how their correctional system might be improved. The main aim of this Master's degree thesis is to examine non- custodial sentences in the Czech Republic and briefly compare them to those in operation in other countries. It also analyses whether the Czech correctional system is satisfactory. The author explores the question of whether an improvement in this area of the penal system would result in a corresponding reduction in the prison-rate. The text focuses on house-arrest, community service orders, suspended sentences, and fines, since they are the most common non-custodial sanctions. The thesis is composed of an introduction, six chapters and a conclusion. The initial two chapters are introductory and define the basic terminology used in the text. The first chapter, which considers the concept of punishment, is subdivided into four parts. Firstly, it describes what punishment...
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Probation in system of criminal sanctions from the point of view of prevention of recidivm
Poláchová, Jana ; Válková, Helena (advisor) ; Matoušková, Andrea (referee)
The theme of my diploma thesis is the efficiency of the probation supervision of the system of justice. My aim is to inform wheather and in which way the probation supervision helps to reduce the risk of crime's relapse. This diploma thesis is divided into two parts. The first one is theoretical whereas the second one is practical. In the theoretical paragraph I explain the aims and reasons of probation supervision. The wide scope of taking advantages of this care is also mentioned. I describe all activities connected with the above. The pecularities of youngters's probation supervision are pointe dout, as well. Last but not least I inform about the course of the probation supervision and try to compare alternative sanctions to the imprisonment. A statistic survey of probation supervision in last few years makes a part of my thesis, too. The second part of my thesis is based on my practice in the centre of probation and mediation care. I mention the results of my research among the members of the working team in the above organisation and social worker's for youngsters and adults. I inform about their points of view of this care and connected probléme and thein cooperation. The next paragraph show the way of life of several clients of probation and mediation care. I inform about their situation, crime,...
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House Arrest Punishment, Its Execution and Control
Matějková, Martina ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The purpose of this thesis is to analyse the legal issues of the sentence of house arrest. The author deals with the importance of house arrest for restorative justice, the role of this sentence among alternative sanctions to imprisonment and the legislation in the Czech Republic in her thesis. She also focuses on the history of house arrest, experience from abroad and the advantages and disadvantages of this punishment. Part of the work is devoted to the Probation and Mediation Service and Electronic monitoring.
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House Arrest Punishment, Its Execution and Control
Fiedlerová, Dana ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
This thesis deals with the house arrest sanction which is one of alternatives of the unsuspended sentence of imprisonment. The author tries to summarize accessible information on the history of house arrest and electronic monitoring. The main aim of the thesis is to briefly present substantive and procedural legal regulation of the house arrest sentence in the Czech Republic. This thesis also covers other issues such as the role of the Probation and Mediation Service in the process of imposing the sanction of house arrest and in the enforcement of this sanction, advantages and disadvantages of house arrest and the outline of legal regulation of house arrest in some other states.
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