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Unconditional imprisonment
Hrtko, Igor ; Tlapák Navrátilová, Jana (advisor) ; Vokoun, Rudolf (referee)
Unconditional imprisonment Abstract This diploma thesis deals with unconditional imprisonment, a topic that has been discussed in the field of criminal law for a long time. Unconditional imprisonment represents the most serious interference with human rights and freedoms that can be legally imposed in the Czech legal sphere. At the same time unconditional imprisonment has a subsidiary nature, which means it can only be imposed as a punishment of last resort. As it is shown in practice, unconditional imprisonment is imposed very often in the Czech Republic, therefore the goal of this thesis is to provide a comprehensive summary of the given issue, including the identification of its problems alongside with providing suggestions of possible solutions. The thesis is divided into five chapters, which gradually in complex fashion analyze the concept of unconditional imprisonment from both theoretical and practical point of view with the goal of providing a complete overview of the given issue. Theoretical basis of unconditional imprisonment is explained at the beginning of the thesis. That includes explanation of the term itself, its history, and the theories of punishment. Later in the thesis, the legislation regarding unconditional imprisonment is analyzed, which includes the domestic legislation as well as...
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The issue of life imprisonment
Vršanský, Robert ; Hořák, Jaromír (advisor) ; Vokoun, Rudolf (referee)
This thesis is concerned with the issues of unconditional imprisonment with the focus on early release of prisoners. A comparison of legal framework in the Czech Republic and the Great Britain is provided. The first chapter deals with the meaning and objectives of punishment. It shows a history of legal theories in the world and the Czech Republic as well. The following chapter provides an explanation of these legal theories in the Czech legislature as basic sentencing principles. Moving further into the detail it provides a legal framework of unconditional imprisonment in the Czech Republic. The third chapter gives a brief look at the history of legal framework of imprisonment on the international, European and national level. The thesis gives a thorough examination of the early release in the Czech law in its first main part. It evaluates its advantages, disadvantages and implications. The same process is made in the second main part of the thesis concerning the early release in Common law using the doctrine of judicial precedent. Following that evaluation a comparison of particular legal institutes of the early release is provided. Recommendations for improvement of the Czech legal framework are mentioned in the last part of the thesis. Powered by TCPDF (www.tcpdf.org)
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Unconditional imprisonment
Kordíková, Ivana ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
I have chosen this topic because of my interest in criminal law in general. Two years ago I visited one of the largest prisons in the Czech Republic, the Valdice prison, which is situated only 20 km far from my hometown, Semily. I realized that unconditional imprisonment is a really interesting and complicated theme. The Czech prison system has recently suffered from particular problems and the aim of my thesis is to identify these problems and suggest solutions. My thesis is composed of five chapters. Chapter One is introductory and defines the basic term - sentence and its purpose. Chapter Two deals with relevant Czech legislation and consists of four parts. Part One focuses on the most important principles of imposing punishments, such as principle of legality, principle of subsidiarity, etc. Part Two analyzes the role of unconditional imprisonment in the sentencing structure. Part Three describes duration of unconditional imprisonment and Part Four reviews two types of extraordinary sentences. Chapter Three concentrates on execution of unconditional imprisonment. This chapter is subdivided into nine parts. Part One deals with international rules, European prison rules and Czech legislation. Differentiation of prisons is described in Part Two and Part Three. Part Four relates to admission,...
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Unconditional imprisonment
Mainzerová, Kateřina ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
I have chosen this topic because of my long-lasting interest in criminal law in general. The aim of this work was to map the legislation of our strictest penalty clearly and to come up with comparison of this legislation and reality of the czech prisons using a questionnaire research. I have summoned my discoveries at the and of each chapter about the individual problem of the penalty of imprisonment and also in the closure od this work. There are five chapters in this diploma thesis. The first one is providing basics about the punishment of unconditional imprisonment and also about the purpose of this strictest penalty. Chapter number two offers a brief historical excursion into the former legislation of the issue of the penalty of unconditional imprisonment and its progress and is very important for good understanding of the hole issue of the penalty of unconditional imprisonment. Third chapter provides a well arranged summary of the current legislation of the unconditional imprisonment on constitutional and also legal level. Author of this diploma thesis deals with the topic of the unconditional imprisonment which is included in the Constitution of the Czech republic, the Bill of Basic Rights and Liberties, the Criminal Code, the Penal Code and the Law of the Performance of the Imprisonment....
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Unconditional imprisonment
Bednářová, Marina ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Unconditional imprisonment Abstract This diploma thesis deals with the legal institute of unconditional imprisonment. This type of punishment will always be a current issue due to its specific position, because it is, within criminal law, the only primary type of criminal sanction for violation of legally protected interests and, at the same time, it can be imposed for any criminal offense. The addressees of the law also perceive it as the harshest punishment that can be imposed on perpetrators of crimes. The legal regulation of this institute is very detailed but also somewhat fragmented, so the goal of this thesis is to provide a complex and comprehensive picture of this institute, with many partial parts presented by statistical data to better demonstrate the issue. The first chapter of the diploma thesis is devoted to the theoretical concept and definition of unconditional imprisonment, which includes its historical development on the territory of this country and also presents alternatives to unconditional imprisonment, as well as conditional imprisonment. The next part of the thesis focuses on the sentencing to unconditional imprisonment, which can be divided into two parts, the theoretical part includes the principles of sentencing, mitigating and aggravating circumstances and sentencing of specific...
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Unconditional imprisonment
Gistrová, Jolana ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
1 Unconditional imprisonment Abstract This diploma thesis deals with the issue of unconditional imprisonment, which is the most severe punishment of all criminal sanctions, because it represents the most serious interference with the offender's fundamental rights and freedoms and also a universal punishment because it can be imposed for every crime contained in a special part of the Criminal Code. At the same time, unconditional imprisonment is an ultima ratio and should be imposed in cases where the imposition of a less severe criminal sanction is not sufficient. The purpose of serving a custodial sentence is to reduce the likelihood of recidivism and to encourage convicts to lead a self-sufficient life in accordance with the law after release. The aim of this work is to provide a comprehensive summary of the issue of unconditional imprisonment and to map and critically analyze the current state of Czech prisons. The work is divided into six chapters. The first chapter deals with the definition of the concept and purpose of unconditional imprisonment. The second chapter is then focused on the legal regulation of this punishment. The third chapter discusses the general principles of imposing criminal sanctions, the rules for imposing an unconditional sentence of imprisonment and, last but not least, the...
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The Imposition of Unconditional Imprisonment and Related Matters
Bělohlávková, Eva ; Vokoun, Rudolf (advisor) ; Heranová, Simona (referee)
The Imposition of Unconditional Imprisonment and Related Matters Abstract This rigorous thesis deals with selected aspects of the imposition of unconditional imprisonment. This punishment is universal, subsidiary and generally the most severe punishment that can currently be imposed in the Czech Republic. It is executed in two types of prisons: prisons with security and prisons with high security. In this rigorous thesis, attention is drawn to problematic issues related to the imposition of unconditional imprisonment encountered in practice, which arise from certain inherent imperfections in the legislation. Apart from the theoretical concept of imprisonment itself, the work examines the institutes of exceptional reduction and exceptional increase of imprisonment, as well as the decision-making process for executing unconditional imprisonment. As regards systematization, the goals and structure of this thesis are set out in more detail in the introduction. The thesis is divided into three main parts, which progressively examine imprisonment, how it is imposed and the decision-making process, including related problems. In the chapters and subchapters of the first part, the concept of imprisonment, its position among other criminal sanctions, its philosophical background, purpose and functions are addressed....
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Unconditional imprisonment
Šťastný, Michal ; Tejnská, Katarína (advisor) ; Jelínek, Jiří (referee)
This diploma thesis deals with the aspects of unconditional imprisonment. Unconditional imprisonment, as a term of criminal law, is the most severe punishment used in the Czech Republic, it is also a universal punishment that can be imposed for any crime. Imprisonment is executed in a prison with security, in a maximum-security prison, or in a special unit of remand prison. The rights and obligations of convicts are governed, in particular, by the Act on Imprisonment and Imprisonment Rules. Various educational programs and leisure activities, as well as the employment of the convicts, are carried out during the execution of the imprisonment. The institute of conditional release is an important instrument for the reduction of the prison population, yet it is underused. The prison problems are especially a high number of prisoners, overcrowded prisons, low financial literacy and high indebtedness of convicts, substance abuse problems, cumulative prison sentences and prisoners' pay-to-stay fees. The number of convicts per 100,000 citizens and recidivism rate are used to assess the effectiveness of unconditional imprisonment. The Czech Republic is one of the countries with a very high number of prisoners in Europe, as well as a high recidivism rate. Decreasing of these two factors can be achieved by...
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Selected Questions of Unconditional Imprisonment
Jirsová, Kamila ; Hořák, Jaromír (advisor) ; Pelc, Vladimír (referee)
- Selected Questions of Unconditional Imprisonment The presented diploma thesis dealing with current issues of unconditional imprisonment is led by an effort to analyze problems that are conncted with the imprisonment and to outline possible solutions. The introduction is devoted to the concept of punishment and its purpose. In order to better understanding the current concept of unconditional imprisonment, the second part briefly discusses the historical development of this punishment and the origin of penological systems. This section also includes legislative regulation at both international and national level. The third part examines the unconditional imprisonment in terms of length, while the author concludes that the greatest risk of negative effects is linked to both very short sentences and penalties of over 10 years. The pivotal part of the thesis is the fourth part, which deals with selected actual issues, which must be discussed in connection with the unconditional imprisonment. The author calls for the priority to be given to the problems of prison overcrowding, because without the solution of this problem it is not possible to face other negative phenomenons and effort to reform convicts are often void. The author sees the solution partly in the construction of new prison facilities....
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Unconditional imprisonment
Tomíčková, Kristína ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
The aim of this thesis is to describe the execution of unconditional imprisonment in the Czech republic and to analyze the actual problems of the Czech penitentiary system. It also tries to propose convenient solutions of the main problems. The extend of this thesis is reduced to the execution of penalty, therefor other forms of detention are excluded. The unconditional imprisonment is the strictest penalty in Czech legal system and it has a major impact on the convicted human beings. That is why I tried do describe how the actual penitentiary system works and what are its weak points. This thesis also tries to compare the ideas of global modern reforms, like humanization and therapeutical concept of punishment, to the real situation of Czech imprisonment. This thesis consists of eight chapters, each of them deals with various aspects of this form of punishment. The first chapter is devoted to theoretical issues of the concept and purpose of the punishment. This part is necessary and desirable for later interpretation of imprisonment problematic. The second chapter describes the legal fundaments of unconditional imprisonment according to international law and its impact on practice. The third chapter describes the legal fundaments of unconditional imprisonment according to Czech national law. It...
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