|
|
The proportionality of punishment with regard to the wealth of the offender
Drápal, Jakub ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
The proportionality of punishment with regard to the wealth of an offender Master's Thesis Jakub Drápal Summary This thesis's main question is whether or not pecuniary punishments should be proportionate to the wealth of an offender. In the beginning the philosophical aspects and opinions of Law and Economics are examined. Jurisprudence of Czech Constitutional Court is discussed as administrative and penal law with their respective jurisdictions, Supreme Court, Supreme Administrative Court and Constitutional Court. Private and supranational law is also considered. The practical part of the thesis is composed of an analysis of the way how are pecuniary punishments in the form of day fines set at two Czech courts. The outcome is that the concept of day fines is not applied in the Czech Republic and is not accepted by the judges. Even though richer offenders get higher sentences than the poorer ones, in proportion to the punishment the richer receive much lesser sentence. To sum-up the findings, it is not possible today to give a unequivocal answer to the key question, whether pecuniary punishment should be proportionate to the wealth of an offender. It is possible in several areas of law, as it is possible to often choose, whether or not it is effective. General and abstract question however has to be left...
|
|
|
Current issues on imposing a pecuniary punishment and its performance
Hlavatá, Michaela ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
This diploma thesis deals with the issue of a pecuniary punishment with a focus on the latest amendment in this area made by the Act No. 333/2020 Coll. The aim of this diploma thesis is to provide an analysis of the current legislation of pecuniary punishment, including an analysis of the causes of the low number of pecuniary punishments imposed. For the evaluation of the legislation the author used academic literature, case law and statistical data, while these sources showed that there is still room for improvement of the effective legal regulation. To understand the broader context, the reader will find in the first part general introduction to the issue of a pecuniary punishment. In this part the diploma thesis also deals with the advantages and disadvantages of a pecuniary punishment and analyses practice. The following second part focuses on regulation of pecuniary punishment in the substantial law. It describes the legal requirements for the imposition of a pecuniary punishment, deals with the drawbacks of the daily-fine system and also defines the range of crimes punishable by a pecuniary punishment. The third part deals with the procedural regulation of a pecuniary punishment. In particular, it focuses on the role of the public prosecutor in imposing a pecuniary punishment, draws attention...
|
|
|
A pecuniary punishment - its advantages, drawbacks and application
Šeba, Jan ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
In the Western States, a pecuniary punishment represents a proven alternative to (un)conditional imprisonment. By joint effort of the Supreme Public Prosecutor's Office and the Supreme Court, the pecuniary punishment has become a trend over the last few years also in the Czech Republic. Why should criminal justice bodies strive for more frequent imposition of the pecuniary punishment? In which cases is the pecuniary punishment an appropriate criminal sanction? And how is, or rather should be, the pecuniary punishment imposed and enforced? The submitted master's thesis draws attention to the obstacles of effective legal regulation and its inconsistent application. It deals with substantive and procedural aspects of the matter, relevant case law and statistical data. Conscious of the limits of comparisons in criminal law, the author also takes into account the law of Germany, Austria and the Netherlands. The first part of the thesis deals with the pecuniary punishment in general. The diploma candidate describes its purpose, position in the system of criminal sanctions and basic characteristics. A closer look is taken at the new way to satisfy the injured person, which was introduced on 1 January 2018 by Act No. 59/2017 Sb., on the use of financial resources from proprietary criminal sanctions imposed...
|
|
|
The proportionality of punishment to the wealth of an offender
Drápal, Jakub ; Ondřejek, Pavel (referee)
The proportionality of punishment to the wealth of an offender Abstract This thesis focuses on a contentious issue: Should a fine be related to the wealth of an offender? The first chapter presents various philosophical answers to this question, with most of the attention being directed to the division of fines to regulatory and penal by O'Malley. The contribution of law and economics and other theories is emphasized as well. The second chapter considers the jurisprudence of the Constitutional, Supreme Administrative and Supreme Court of the Czech Republic in relation to the principle of prohibition of fine's liquidation effect on the offender. Based on this analysis, a simplified cheatsheet is presented for government officials to better identify when a fine might have liquidation effect. Fine in the sphere of criminal law is the subject of third chapter. After discussing the theoretical foundations of day-fine concept, its application at two Czech district courts is analyzed. The results suggest that the day-fine concept exists only on paper. To find out why the concept does not work, I have analyzed all relevant legislation of European states relating to the day-fine concept. Based on this comparative analysis I suggest what should be done to improve current legislation in the Czech Republic. My last...
|
|
|
The proportionality of punishment with regard to the wealth of the offender
Drápal, Jakub ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
The proportionality of punishment with regard to the wealth of an offender Master's Thesis Jakub Drápal Summary This thesis's main question is whether or not pecuniary punishments should be proportionate to the wealth of an offender. In the beginning the philosophical aspects and opinions of Law and Economics are examined. Jurisprudence of Czech Constitutional Court is discussed as administrative and penal law with their respective jurisdictions, Supreme Court, Supreme Administrative Court and Constitutional Court. Private and supranational law is also considered. The practical part of the thesis is composed of an analysis of the way how are pecuniary punishments in the form of day fines set at two Czech courts. The outcome is that the concept of day fines is not applied in the Czech Republic and is not accepted by the judges. Even though richer offenders get higher sentences than the poorer ones, in proportion to the punishment the richer receive much lesser sentence. To sum-up the findings, it is not possible today to give a unequivocal answer to the key question, whether pecuniary punishment should be proportionate to the wealth of an offender. It is possible in several areas of law, as it is possible to often choose, whether or not it is effective. General and abstract question however has to be left...
|
guest ::
