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Alternative punishments
Soukupová, Zlata ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
The general aim of this work was to develop an analysis of current legislation Institutes of alternative sentences of imprisonment, to analyse their place in the Czech legal environment, to identify problems and to summarize the proposals de lege ferenda , which could be a compass or anticipated future solution of this problem . Unquestioned issues of criminal policy are a big increase in crime along with its new forms, overloading the courts, krescentní percentage of recidivist offenders. It should be stoic resist thinking; lax approach will be rewarded crisis imprisonment. Endless storage imprisonment as punishment universal and comfortable the whole situation is getting worse and dishonoring approach.
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Punishment of house arrest, its execution and control
Šarman, Dominik ; Tlapák Navrátilová, Jana (advisor) ; Mulák, Jiří (referee)
The punishment of house arrest, its execution and control Abstract The thesis deals with the punishment of house arrest and topics closely related to it, especially its execution and control. The thesis elaborates on the findings of the relevant literature, namely textbook, commentary and monographic literature, and draws on scholarly articles that are an important source of information for this topic. There is also an analysis of available case law and statistical data. The thesis also widely uses internet sources. The thesis attempts to provide a comprehensive treatment of the topic by introducing the issue of punishment, followed by a detailed treatment of the legal regulation of all relevant phases of the imposition and execution of house arrest in the Czech Republic. Throughout the thesis, the author tries to present the pros of this punishment, analyses the shortcomings and facts that hinder the wider use of the punishment in the Czech Republic and reflects on its future direction. The thesis is divided into seven chapters, which proceed from the theoretical basis to the legal treatment of the institute itself and then deal with the execution and control of the execution of the sentence of house arrest, as well as other related issues. The introductory chapters offer an insight into the issue of...
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Alternative punishments
Smolová, Veronika ; Krupička, Jiří (advisor) ; Bohuslav, Lukáš (referee)
Alternative punishments Abstract This careful study is devoted to the issue of imposing alternative punishments in the Czech criminal justice system, in particular the imposition of house arrest. The aim of this work is to analyze the imposition of proposed alternative punishments in the Czech Republic and also to describe the current state punishment system. When examining the sentence of house arrest, I focus mainly on the performance of its control (electronic monitoring). The work is divided into six separate chapters. The first chapter is a theoretical introduction to the given issue and in it I discuss the definition of punishment, its purpose, systematics and principles of its imposition. The second chapter analyzes the starting points of alternative punishment and the principle functions of restorative justice, probation and mediation. In the third chapter, I focus on the development of regulation in legal punishment in the Czech Republic, especially with regard to alternative punishments. I mainly analyze the legislation since the adoption of the Criminal Code of 2009, including subsequent amendments. In the fourth chapter, I pay attention to the statistical development of imposed sentences in the Czech Republic. I present the statistics of all persons sentenced to house arrest and other...
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Alternatives to unconditional sentence of imprisonment
Lukáš, Marek ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
The subject of this master's thesis is a description of the current legislation and application practice of selected punishments that represent the main alternatives to the imposition of unconditional prison sentences. These punishments are house arrest, community service, financial penalty, suspended sentence of imprisonment and suspended sentence of imprisonment with supervision. Since each of the abovementioned punishments could be the subject of a separate master thesis, this thesis does not aim to describe the subject matter in detail, but rather to present the individual institutes in their mutual context, to compare their characteristic features, purpose, conditions, specifics of their execution, as well as their use in judicial practice. The thesis consists of eight chapters, three of which are of a general nature, four deal with individual penalties and the last one is devoted to de lege ferenda proposals. The first chapter defines the very concept of criminal punishment and its purpose. A substantial part of the chapter is devoted to the historical development of penology theories regarding the purpose of the criminal punishment, with special focus on the transition from a retributive and punitive view of punishment to the concept of restorative justice. The second chapter focuses on the...
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House Arrest Punishment, Its Execution and Control
Sommer, Ivo ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
House Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and Controlontrolontrolontrol House arrest is one of the new types of sentences brought by the new penal code, which came into force in 2010. This thesis should give a brief view on the matter of imposing, executing and control of the house arrest sentence in the Czech Republic. House arrest is a type of sentence when offender serves his sentence at home instead of prison. He or she must stay at home at night from 22.00 till 5.00 or in time determined by court and all the weekends and public holidays. It means that the sentenced person is able to perform his job or studies and take care of his/her family. Other reason for enacting the house arrest sentence is that the convicted person is not affected by the prison environment, which makes his return to normal life difficult or even impossible. Very important is also the financial matter of the sentence, because compared to imprisonment, the house arrest should save more than 2/3 of expenses. A court may impose house arrest when the criminal offence is punishable by the prison sentence in maximum duration of 5 years. The offender's explicit consent with the imposing of this sentence and other...
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Alternative sentencing and its comparison with other European Union countries
Soukupová, Zlata ; Jelínek, Jiří (advisor) ; Herczeg, Jiří (referee)
The main aim of my thesis is to develop an analysis of current legislation governing alternative sentences, their possibilities and limits comparing it with other European Union countries. The thesis also examines the proposals de lege ferenda that could be used as a benchmark and a guide for future amendments to the current regulation. The notion of alternative sentencing became a global trend in the last two to three decades; this is the result of, inter alia, of continuous increase in the number of inmates, prison overcrowding and congestion of the judicial apparatus. Crescent crime and new forms of crime (especially economic) hit the Czech Republic as a former socialist country in the post-revolutionary times, very assertive. The results of studies and language experts warn against lax approach in the form of increased storage imprisonment and criminal policy tightening. There is also talk about crisis imprisonment. It is clear that an unconditional sentence of imprisonment has its benefits, such as preventive effect, in my opinion, however, the left especially serious crime offenders and recidivist behavior: "Nesit summum malum dolor, malum certe est." Instead of intramural prison environment with significant social and deviant subculture find great potential in alternative prison sentences, which are...
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House Arrest Punishment, Its Execution and Control
Bolek, Matěj ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
Resumé House arrest punishment, its execution and control House arrest punishment became a part of the Czech criminal law in 2010. Even though it is possible to impose this punishment for several years, it is not so commonly used. Judges and public prosecutors are still not convinced about its efficiency due to insufficient control. In my thesis I am dealing with particular provisions concerning house arrest, conditions for which the punishment might be imposed and with possible mechanism of its control. The first chapter is about the punishment theory. It is worth mentioning because the definition of this concept is important for deep understanding of the issue. I define the main characters of the restorative justice in followed chapter. This concept has influenced the alternatives punishments into which house arrest comprises. In the following chapters I am dealing with particular provisions of the house arrest, focusing on the conditions of imposition. This criminal sanction can be imposed for misdemeanour in duration not exceeding two years. Consent of the convicted person is one of the essential conditions. It reflects the will to carry out the punishment duly under the terms imposed by a court. Execution of the house arrest consisting of the obligation to stay in a certain dwelling for a period...
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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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House Arrest Punishment, Its Execution and Control
Grenar, Tomáš ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The aim of this thesis is to analyse the house arrest punishment as one of the alternatives to the imprisonment and to map the contribution of this punishment for the Czech criminal law. This thesis offers a short view in to history of this punishment. The main part of this thesis is an analysis of substantive and procedural legal regulation and analysis of the conditions for imposition of the house arrest punishment and its execution. Space is given also to Probation and Mediation Service of Czech Republic, because it plays an important role during the imposition of the punishment and its execution. Author of the thesis focuses also on comparing advantages and disadvantages of the punishment and he tries to compare both systems of control. One chapter is given to overview several foreign legal regulations.
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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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