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The Issues of Exceptional Punishment
Frantíková, Daniela ; Tlapák Navrátilová, Jana (advisor) ; Vokoun, Rudolf (referee)
THE ISSUES OF EXCEPTIONAL PUNISHMENT Abstract This diploma thesis deals with comprehensive assessment of the issues of exceptional punishment. The introductory part focuses on the historical development of the form of exceptional punishment in the Czech Republic, from the death penalty, which was for a long time a universal punishment, through its transformation into an exceptional punishment, to its abolition and replacement by life imprisonment. The thesis follows the definition of the concept and purpose of punishment with a detailed description and evaluation of the current legal regulation of exceptional punishment, including the conditions for imposing both forms of this sentence, which are imprisonment for over 20 to 30 years and life imprisonment. The case-law of the Supreme Court, which has explained further the conditions for imposing it, is discussed. Also related criminal law institutions, such as parole or appeals, are explained and how they specifically relate to life sentence. Furthermore, the thesis focuses on the execution of exceptional sentence. Statistics on convicted prisoners, the legal regulation of the execution of exceptional punishment and trestment programmes in prisons are presented. The thesis puts emphasis on the psychological and social effects that imprisonment has on...
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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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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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The Issues of Exceptional Punishment
Krajňáková, Viera ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Charles University in Prague Faculty of Law Ing. Viera Krajňáková THE ISSUES OF EXCEPTIONAL PUNISHMENT Diploma thesis Abstract The Supervisor of Diploma thesis: doc. JUDr. Jana Tlapák Navrátilová, Ph.D. Department of Criminal Law Date of elaboration of Diploma thesis (closing the manuscript): 6. 9. 2021 THE ISSUES OF EXCEPTIONAL PUNISHMENT ABSTRACT The diploma thesis is focused on the description and evaluation of the basic forms of exceptional punishment, as they are known by the Czech legal system and legal systems of selected European states. The introductory part deals with the meaning and purpose of the institution of punishment as such and the basic streams of thought dealing with the justification of punishment as an intentional harm caused to the offender for the committed crime. The second part of the thesis analyzes the historical development of the types of punishments in relation to the development of its function, from various physical punishments through the death penalty to the modern imprisonment of a limited duration or for life. In the following sections, I tried to describe and evaluate the death penalty itself from the point of view of its conformity with the basic human rights, from the point of view of arguments presented by retentionists and abolitionists, its current use in various...
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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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The Issues of Exceptional Punishment
Kroo, Kateřina ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Problematics of extraordinary punishment - Abstract The aim of this thesis is to provide a comprehensive overview about a criminal law's legal institute of the extraordinary punishment. In this thesis I will comprise historical development of this legal institute and its connection with the death penalty. The first chapter is focused on defining the concept of punishment and its purpose, along with punishment theories. I will compare both theories with the extraordinary punishment. Subsequently I will deal with the historical development of punishment in the Czech republic in general, and than focus on the strictest penalties and finally I will represent historical develompent of the extraordinary punishment. The third chapter deals with the death penalty and its context. At the beginning I will shortly mention the history of the death penalty and than I will introduce situation in the world about the death punishment. Mostly this chapter analysis the arguments of supporter and opponents of the death penalty. In the fourth chapter I will deal with international sources that influenced the national adjustment of exceptional punishment primarily on the performance of imprisonment. The fifth part of my work will be based on the definition of substantive and processing provisions of the national adjustment of...
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Sentence od Life Imprisonment
PEČENKOVÁ, Kateřina
Life imprisonment presents the most severe penalty that can be imposed according to the Czech legislation. It belongs to the system of capital punishments and the extreme severity of its imposition is subject to the legislator himself. In the Czech Republic, the imposition of life imprisonment is a unique phenomenon. A meticulous attention should be thereby paid to its legislation, which is exceptionally complex in the Czech Republic. It is equally important to provide persons who are serving the term of life imprisonment with social services, aid and a social worker, who plays one of the most important roles in the life of the convicted. The social worker enables the convicted to communicate with the social environment outside the penitentiary, to communicate with public administration bodies and, in addition, he provides the convicted with follow-up social services after his/her release or while serving the term. These services aim at the quality improvement of the life of the convicted. This bachelor thesis presents a document that may serve future social workers in the prison service as a supplementary material to their studies and work. It includes the overview of important information that the specific social worker should know and subsequently develop. This thesis encompasses the legislation of both - life imprisonment and social work and associated rights and duties. Moreover, this thesis defines specific terms that the social worker should know and understand - the treatment of prisoners and treatment programmes in particular. The thesis followed the method of document analysis, the analysis of laws, judicature, scholarly journals and books. It synthetises pieces of information that are necessary for a social worker to know and understand. The legislation of life imprisonment is carefully drafted in the Czech Republic, which tremendously helped me with dealing with related laws and regulations. 7 On the other hand, what surprised me was a lack of documents related to the legislation governing the social work in the prison service. In my opinion, this lack of documents in the designated area needs to be completed.
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The Issues of Exceptional Punishment
Hejdová, Petra ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
The Issues of Exceptional Punishment - Abstract The aim of this thesis is to provide a comprehensive overview about a criminal law's legal institute of the exceptional punishment, comprising of its historical development in our territory, most of the matters regarding its applicable legal regulation in the Czech republic, analysis of a specific case in which this punishment had been imposed, comparison with selected foreign legal regulations also including a disputation on death penalty as its possible alternative. The first chapter is focused on defining the term of punishment and its function in general. It compares two basic theories that differ from each other in terms of distinct approaches to the punishment's purpose. While the absolute theory considers punishment a retribution, the relative theory regards it as a mean of resocialization of the perpetrator. However, the current concept of punishment is based on the mixed theory that constitutes a link between those two above-mentioned. The aim of this chapter is to define the specific purpose of the exceptional punishment that proceeds from the general purpose of punishment based on the mixed theory. With regard to the fact that the term of exceptional punishment needs to be construed in both time and territorial context, the second chapter is devoted...
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Problematics of Extraordinary Punishment
Pospíšilová, Nikola ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
Problematics of extraordinary punishment Abstract In this diploma thesis I deal with the current legal regulation of the extraordinary punishment and its impact on prisoners. Extraordinary pinoshment is the strictest possible punishment of crime in the Czech Republic, that involves many areas of basic human rights and it significantly restricts them, for that reason, in my point of view, is necessary, that this issue has sufficient attention. The thesis is divided into eight chapters, except the last chapter, all of them are thematically divided into subchapters. At the beginning, I deal with the concept of punishment and philosophical grounds for punishment. The second chapter is devoted to the historical development of punishment in the Czech Republic, mainly focusing on the most severe punishment, as the death penalty, life imprisonment and the longest possible prison sentences. The third chapter discussed the most important international documents that significantly influenced our national legislation, both in sentencing and in providing appropriate conditions in prisons. The core parts of the thesis are chapters four and five, which deal with valid legislation. Chapter four deals with the issue of extraordinary punishment, the differences in the course of criminal proceedings, the possibilities of...
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Problematics of extraordinary punishment
Hanák, Radim ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The main theme of my thesis is institution of extraordinary punishment and the way how it is comprehended by Czech law. While imprisonment for life can be imposed in almost all European countries and this punishment isn't systematicaly excluded from criminal codes, the Czech conception is different. Czech law not only states which crimes are punishable by imprisonment for life but also that said crimes must fulfil legal conditions which characterize offender's motivations, means of execution and consequences of said criminal offence. These legal conditions, that are part of czech law since 1961, are in the center of interest of my thesis in spite of the fact that in the past it was embodied by death penalty which is unallowable for today's standarts. Other possibilities of imposing imprisonment for longer period than legally determined are also mentioned together with the strictest ways of criminal law punishments of legal persons or persons that are less than 18 years old. Other aims of this thesis are exploring of extraordinary punishment history (in terms of both death penalty and imprisonment) and comparation with current legal order. Domestic legal adaptation is evaluated from international and constitutional point of view, since life imprisonment can be rated as inadmissible by European...
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