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Alternatives to unconditional sentence of imprisonment
Košárková, Barbora ; Šelleng, Dalibor (advisor) ; Hořák, Jaromír (referee)
Alternatives to unconditional sentence of imprisonment This thesis examines selected alternative punishments to imprisonment. In particular, it focuses on home arrest (including electronic monitoring), community service and fines, in the context of the Czech and Dutch legislation. The first chapter describes the concept and purpose of punishment, while the first subchapter introduces the different concepts of punishment and the second subchapter presents the different theories of punishment, the purpose of punishment and its use in the legal system of the Czech Republic. The next three chapters are devoted to restorative justice, probation and mediation and finally to the concept of alternative punishment in general. Chapter five focuses on the regulation of alternative sentencing in the Czech Republic. It is divided into six subchapters, where, after a general introduction and introduction of an important amendment to the Criminal Code. The following three subchapters cover the punishment of house arrest, community service and fine. These subchapters are then divided into the historical development of the punishment in question, its characteristics and definition, the imposition of the punishment in question and the imposition of adequate duties and restrictions, the conversion of the punishment...
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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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Community service punishment and its enforcement
Vitásková, Lenka ; Herczeg, Jiří (advisor) ; Vanduchová, Marie (referee)
The title of the thesis is "The Community Service Punishment and the Execution Thereof". It analyses the alternative community service punishment not only as governed by Czech legal system, but also as covered by legal regulation of this type of punishment in other states. The thesis further describes the relation of the community service punishment to other forms of alternative punishment which are applicable under the Czech legal system and its significance therein. It also covers the topic of the community service punishment according to the doctrine of restorative justice. The thesis includes a brief history of the community service punishment regulation since the middle ages up to nowadays. The goal of the thesis consists in thorough study of the substantive and procedural regulation of the community service punishment not only as set forth by the new Criminal Code and the Criminal Procedure Code, but also as set forth by implementing laws, like e.g. the Probation and Mediation Service Law. The thesis further analyses the execution of the community service punishment as seen from the point of view of all respective actors involved. The thesis comprises eleven chapters. One of the main chapters deals with the de lege ferenda consideration. In cooperation with a Probation and Mediation Service...
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The effect of selected types of penalties on the resocialization of convicts
Moudrý, Petr ; Bohuslav, Lukáš (referee)
The problem of resocialization of convicts and the effect of particular penalties on this process is a subject rather relatively neglected, but at the same time socially and legally fundamental. The success of the resocialization of offenders affects not only the entire criminal policy but also society as a whole. However, the view on this social dilemma is evolving over time. We do not longer examine the punishment as mere retribution, rather we expect it to protect society and have a positive effect on the convict. We also realize that most of the sentencing does not mean permanent exclusion from society. Therefore, the consequences of any sentence also affect us, the society. This phenomenon led me to analyze the three most severe sentences: imprisonment, house arrest, and community service. Gradually, I tried to investigate the outcome of the effects of these sentences on the offender's personality. During the analysis, I decided not to only benefit from the secondary data consisting of acknowledged publications, articles, studies, and concepts, but I also acquired findings from several interviews with experts within the sphere and convicts themselves. This allowed deep penetration into the topic not only from a theoretical point of view but also from a practical one. In the thesis, I critically...
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The effect of selected types of penalties on the resocialization of convicts
Moudrý, Petr ; Krupička, Jiří (advisor) ; Konrád, Zdeněk (referee)
The problem of resocialization of convicts and the effect of particular penalties on this process is a subject rather relatively neglected, but at the same time socially and legally fundamental. The success of the resocialization of offenders affects not only the entire criminal policy but also society as a whole. However, the view on this social dilemma is evolving over time. We do not longer examine the punishment as mere retribution, rather we expect it to protect society and have a positive effect on the convict. We also realize that most of the sentencing does not mean permanent exclusion from society. Therefore, the consequences of any sentence also affect us, the society. This phenomenon led me to analyze the three most severe sentences: imprisonment, house arrest, and community service. Gradually, I tried to investigate the outcome of the effects of these sentences on the offender's personality. During the analysis, I decided not to only benefit from the secondary data consisting of acknowledged publications, articles, studies, and concepts, but I also acquired findings from several interviews with experts within the sphere and convicts themselves. This allowed deep penetration into the topic not only from a theoretical point of view but also from a practical one. In the thesis, I critically...
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Public service as an opportunity to return to the labor market
Horynová, Radmila ; Šťastná, Jaroslava (advisor) ; Pěnkava, Pavel (referee)
This thesis "Community service as an opportunity to return at the labour market" deals with the topic of public services offered to receivers of jobseeker's allowance as a voluntary possibility to increase their incomes from social benefits. It focuses on the question whether community service for the long-term unemployed can be a means for their integration in the labour market. In the theoretical part different concepts of labour are introduced with emphasis being put on the importance of labour for people when it comes to their human needs, basic rights and at the same time to freedom of choice. The thesis deals with the problems of unemployment and mentions consequences of loss of a job. It introduces the development of unemployment, labour market policy and focuses on social policy in the area of support for people in material need which is connected with involvement in community service. This thesis also tries to introduce the application of community services in the Děčín region in a complex way. In the practical part the author makes a survey and compares evaluation of community services in four categories. The four categories comprise job centre employees who offer community services, organizers of community services, those who do community services and unemployed people who refuse...
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Punishment of community service and its performance
Chárová, Adéla ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Punishment of community service and its performance Abstract The diploma thesis deals with basic aspects of community service in terms of Czech and foreign legal regulation, it deals with its development in time, statistical data, special regulation of criminal measures of publicly beneficial works imposed on juveniles and problematic aspects of existing legal regulation. The aim of the thesis is to define the status of the punishment of community service in the system of domestic and foreign law, to provide detailed information on the substantive and procedural law contained in the Criminal Code, Criminal Procedure Code and other supporting acts, to deal with problematic aspects and to mediate opinion of public, judges and probation officers. In cooperation with the probation officer and with the providers of community service I summarized the basic problematic aspects of the community service and considered their possible solution, which I summarize in the individual chapters. In terms of used methods the thesis uses a legal-analytical, legal-comparative, legal- descriptive approach, query model and statistical models. In addition to the introduction and conclusion, the thesis is divided into eleven chapters, which are further subdivided into subchapters. In the first two chapters I deal with terminology,...
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Punishment of community service and its performance
Považan, Miroslav ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Punishment of community service and its performance Abstract The aim of this thesis is to describe a current legilation on punishment of community service and thanks to it's desription together with the statistical data about this punishment from years 2013 to 2017 define problems that have a negative impact on its functioning. Other methods to reach this goal are comparison with the legislation in different european countries, focusing on activity of Probation and mediation service of the Czech Republic and overview of czech case law, which was defining for a current understanding of this punishment. First part of this thesis icludes definitions of key concepts that are necessary for understanding on how this punishment works and what it is based on. Second part of this thesis includes overview of the czech legislation related to punishment of community service and its performance and also an overview on how this legislation works in actual fact. Professional literature, opinions of judges, district attorneys and probation officers as well as my own notices were used to decribe its actual works on day to day basis. Third part of this thesis is showing statistical data about this punishment that comes from Probation a mediation service of the Czech Republic. These statistical data shows the number of files...
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The employment policy making in South Bohemia region in 2007-2013
PAUCH, Václav
The Bachelor´s thesis "Active Employment Policy Realization in South Bohemian region during 2007-2013" is focused on research of financial means providing for active employment policy instruments in South Bohemian region. Active employment policy is the state means realizing employment policy, which is the part of government social policy. The target is to find the employment for as many unemployed people as possible. These unemployed people may be or may not be registered at the Employment Department. Active employment policy is funded from two sources: From state budget and from European Social Fund means, which is intended to support the realization of European employment strategy. The Operation Programme Human Resources and the Employment for years 2007-2013 was the main European Social Fund programme used within active employment policy during years 2007-2013. The theoretical part describes the legislative status. The description is divided into several parts: Definitions, Active employment policy instruments complex description and Active employment policy Implementing regulations. Practical part is divided on thesis target description, methodology used, analysis, data interpretation and the discussion. The thesis target was to find out the answer for following two hypotheses: H1: Higher unemployment rate means higher use of instruments like community service and socially beneficial jobs. H2: Expense increase for Active Employment Policy reduces unemployment from long time point of view. Data analysis results and it´s statistic evaluation confirms H1 hypothesis for it´s untruthfulness for South Bohemian region. Data analysis results and it´s statistic evaluation confirms H2 hypothesis for it´s untruthfulness for South Bohemian region. Documents analysis and data secondary analysis methods were used for this thesis.
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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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