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Conditional sentence
Klabouch, Martin ; Tejnská, Katarína (advisor) ; Šelleng, Dalibor (referee)
Conditional sentence Abstract The thesis focuses on the analysis of selected problems related to conditional sentence. Even though the conditional sentence is for many people a traditional, boring and unmodern institute, it is paradoxically still the most frequently imposed punishment. However, despite more than a century of tradition, we cannot speak of its flawless content and smooth imposition practice. How to deal with the accumulation of conditional sentences? It is evident from an analysis of the current knowledge on the various partial problems of this unsatisfactory practice that this is the most pressing problem concerning suspended sentences. Through the presented proposals, it is possible to mitigate its impact, both in the imposition of sentences by the trial court and in the conversion of conditional sentences, but only a comprehensive revision of all the related institutes will ensure a truly fair and tailored sentence for each offender. However, is the legal regulation of this punishment so perfect that it deserves such a status? From a brief analysis of the current applicable legislation, a critical reflection on some of the problematic aspects and a confrontation with statistical data, it is clear that the current position is not based on the flawlessness of the character and content of the...
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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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Conditionally suspended sentence of imprisonment
Břeská, Aneta ; Heranová, Simona (referee)
The Diploma thesis deals with the topic of conditionally suspended sentence of imprisonment as a separate type of punishment which is not considered merely as a variation of an unconditional imprisonment sentence. It analyses the individual elements of this institute, its history and development, the conditions of imposing and methods of termination. It also includes a comparison with foreign legislation that should bring suggestions for a better and more efficient execution of conditionally suspended sentence of imprisonment. The thesis is divided into eight chapters. The first chapter deals with general knowledge of conditionally suspended sentence of imprisonment as an alternative punishment and its legal nature. In the second chapter is outlined the historical development of the institute both in the world and in the territory of Czechoslovakia, respectively the Czech Republic. The third chapter is a major part of the thesis and describes the conditions under which conditionally suspended sentence of imprisonment may be imposed, as well as examining the probation period, adequate restraints and adequate duties or compensation for the damage or detriment caused by the offense, or the unjust enrichment gained by the crime. Following chapter relates to the decision on conditionally suspended...
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Conditionally suspended sentence of imprisonment
Břeská, Aneta ; Tejnská, Katarína (advisor) ; Pelc, Vladimír (referee)
The Diploma thesis deals with the topic of conditionally suspended sentence of imprisonment as a separate type of punishment which is not considered merely as a variation of an unconditional imprisonment sentence. It analyses the individual elements of this institute, its history and development, the conditions of imposing and methods of termination. It also includes a comparison with foreign legislation that should bring suggestions for a better and more efficient execution of conditionally suspended sentence of imprisonment. The thesis is divided into eight chapters. The first chapter deals with general knowledge of conditionally suspended sentence of imprisonment as an alternative punishment and its legal nature. In the second chapter is outlined the historical development of the institute both in the world and in the territory of Czechoslovakia, respectively the Czech Republic. The third chapter is a major part of the thesis and describes the conditions under which conditionally suspended sentence of imprisonment may be imposed, as well as examining the probation period, adequate restraints and adequate duties or compensation for the damage or detriment caused by the offense, or the unjust enrichment gained by the crime. Following chapter relates to the decision on conditionally suspended...
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Conditional sentence
Syrový, Tomáš ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Práce se zabývá podmíněným odsouzením, na které nahlíží jako na samostatný druh trestu. Práce rozebírá prvky podmíněného odsouzení, díky kterým může být podmíněné odsouzení považováno za samostatný druh trestu a ne jak za způsob výkonu trestu odnětí svobody. Výsledek provedeného rozboru by měl vyústit v některá doporučení ke zvýšení efektivity trestu podmíněno odsouzení. Práce je členěna do osmi kapitol. V podstatě podmíněného odsouzení a výhodách podmíněného odsouzení oproti nepodmíněnému trestu odnětí svobody. Ve druhé kapitole je stručně zrekapitulována historie institutu podmíněného odsouzení a to jak ve světě, tak především na území dnešní České republiky. Třetí kapitola rozebírá podmínky uložení podmíněného odsouzení, stanovení délky zkušební doby, možnosti uložení přiměřených omezení a povinností a jejich smysl a účel, zvláštnosti povinnosti nahradit škodu způsobenou trestným činem proti stejné povinnosti uložené adhezním řízení a zmiňuje také možnost uložení výchovného opatření. Na třetí kapitolu navazuje kapitola čtvrtá věnovaná rozhodování soudu o podmíněném odsouzení. Kapitola pátá se věnuje podmíněnému odsouzením s dohledem. Následně je v šesté kapitole pojednáno o významu Probační a mediační služby v ČR podmíněnému odsouzení. Sedmá kapitola rozebírá některé praktické otázky užívání trestu...
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Alternatives to unconditional of imprisonment
Hrušáková, Denisa ; Říha, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
This thesis discusses the alternatives to unsuspected sentence of imprisonment, as only they can in the long run solve an acute and currently very topical problem of the prison overcrowding. The aim of this thesis was firstly the theoretical definition of alternatives to unsuspected sentence of imprisonment with regard to the Czech legislation and, secondly, an analysis of alternatives that Czech law provides. The introductory part focuses on the importance of alternative punishments in the system of sanctioning institutions. The thesis is divided into two main chapters with regard to the two objectives it focuses on. The first chapter, dealing with the definition of "alternatives to unconditional sentence of imprisonment", is divided into four subchapters. The first subchapter, on the background of the current concept of alternatives available in the Czech doctrinal environment, seeks a theoretical definition through the criteria on the basis of which it is possible to consider a specific institute as such an alternative. The second subchapter explains the preference for alternatives to unsuspended sentence of imprisonment. The third subchapter is devoted to the development of Czech criminal policy towards alternative punishments. Subsequently, in the fourth subchapter, the author explains contemporary...
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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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