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House arrest punishment, its execution and control
Balík, Tomáš ; Tlapák Navrátilová, Jana (advisor) ; Tejnská, Katarína (referee)
House arrest punishment, its execution and control Abstract This diploma thesis deals with the punishment of house arrest as an alternative to imprisonment and its enforcement and control. Its main objective is a comprehensive analysis of the effective legislation. A sub-objective is to take a closer look at the control of the execution of the sentence of house arrest, to explain the essence of electronic monitoring and, among other things, to try to find out what has caused this punishment to be imposed relatively infrequently despite the active operation of the electronic monitoring system. Last but not least, the author attempts to evaluate the current legislation and present solutions to the identified problems. In addition, he provides insights into house arrest in selected foreign jurisdictions. The structure of the thesis is divided into six chapters, apart from the introduction and conclusion. First, some terms that are closely related to the punishment of house arrest are defined, namely the concept of punishment and its purpose, the system of punishment and alternative punishments. The next section provides a brief outlook on the history of house arrest sentencing and monitoring, with increased attention to the history of electronic monitoring. The next part thoroughly discusses the legal...
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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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The Punishment of House Arrest as a Form of the Offender's Rectification Using Technical Means.
HANZALÍKOVÁ, Lucie
The aim of thesis entitled "The punishment of house arrest as a form of the offender's rectification using technical means" (hereinafter referred to as "electronic bracelets") was to find out the contribution of electronic bracelets in the execution of house arrest punishment. In the theoretical part, the issue of house arrest was defined. The practical part was focused on the research. The research questions were answered in the practical part. Advantages and disadvantages of electronic bracelets compared to a random inspection performed by PMS staff was the first research question. The second research question was whether the contribution of electronic bracelets in the execution of house arrest sentence is at a level corresponding to current European trends. The qualitative research strategy and the method of questioning with the technique of semi-structured interview were chosen for the research. The content analysis of documents was also used. The data obtained from the interviews were processed using grounded theory and one level of coding (open coding) was used. The data obtained from the content analysis of documents were processed using graphs andstatistical index. The research set was selected by purposeful sampling and consisted of 10 informants from the Probation and Mediation Service in the South Bohemian Region. At the beginning of interview, all informants were informed about the process and anonymity of this research. From the research it can be concluded that the benefit of electronic bracelets for the execution of house arrest is their effectiveness and 100% control of convicted offender. Thanks to electronic bracelets, state funds have been saved and the staff of electronic monitoring system department knows exactly when and where the convict is located. The research has shown that the biggest advantage of electronic bracelet over a random check performed by PMS employees is the online monitoring of convict 24 hours a day. On the other hand, the disadvantage of electronic bracelet compared to the random inspection performed by PMS staff is the greater deployment regarding technical conditions and less frequent personal contact. Respondents stated that electronicbracelets, despite their operational shortcomings, correspond to the level of current European trends in the execution of house arrest. The thesis can contribute as an information material for offender convicted toward the house arrest. The thesis can be recommended as an auxiliary material for university students in the field of social law and also for future and current employees of the Probation and Mediation Service.
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House arrest as an instrument of penal policy
Králová, Lucie ; Cejp, Martin (advisor) ; Vávra, Martin (referee)
This thesis, dealing with "House arrest as an instrument of penal policy", reflects problems of ineffective system, increasing the number of prison sentences imposed, exceeding prison capacities and consequential violation of fundamental human rights. In response to improperly configured system of penal policy, in 2010 a new Act no. 40/2009 Coll., The Penal Code was implemented, introducing new institute of house arrest to the Czech justice system. Philosophy of house arrest is in punishing the perpetrator, while maintaining positive relationships that would be otherwise disrupted by his imprisonment. Presented thesis evaluates the implementation of the punishment, reflects benefits, disadvantages and actual barriers in its successful implementation, using expert interviews.
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Punishment of house arrest, its execution and control
Šárka, Jakub ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
Punishment of house arrest, its execution and control Abstract This thesis deals with the punishment of house arrest. It describes the legal regulation of this punishment, further evaluates the practice and draws attention to the shortcomings. The thesis first defines the Czech system of punishments imposed for criminal offenses and describes the position of the punishment of house arrest in this system and its relationship to other punishments. The thesis further analyzes the substantive legislation of the punishment of house arrest in the Criminal Code, explains the ambiguities in the regulation and tries to recommend changes that could benefit this regulation. Moreover, the thesis deals with the legal regulation of the conversion of a punishment of house arrest sentence into a custodial sentence, which occurs when the execution of the punishment of house arrest sentence is violated. In addition, it deals with the legal regulation of the conversion of other punishments into the punishment of house arrest, draws attention to its shortcomings and proposes changes. In addition to the substantive legislation, the work also describes the execution of punishment of house arrest and all related cases where the punishment of house arrest cannot be executed. Furthermore, in this work, two ways of control of the...
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House arrest, its execution and control
Procházková, Aneta ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
House arrest, its execution and control This thesis focuses on the punishment of house arrest and its position as an alternative punishment. Its aim is to provide a comprehensive view of this institute in a broader context, to reveal its advantages and disadvantages and to evaluate its development so far. Given one of the functions of house arrest as a substitute for imprisonment in particular, the work goes in this direction and evaluates this aspect from several possible perspectives. The assessment is then based on a comparison of the theoretical assumptions and results of the practice, which offers a comparison of the actual use of punishment and its likely development in the coming years, including de lege ferenda. The first part of the thesis is conceived as a general introduction which aims to introduce the concept of punishment, including its purpose, meaning and function. The following section than narrows the broad subject of punishment to alternative punishments, among which house arrest is included. One subchapter is also devoted to the concept of restorative justice as the cornerstone of alternative sanctioning. The second part of the thesis deals with the main topic and analyzes all the requirements of the house arrest. These chapters describe its development, meaning, purpose and...
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House arrest, its execution and control
Kolert, Pavel ; Tlapák Navrátilová, Jana (advisor) ; Galovcová, Ingrid (referee)
House arrest, its execution and control Abstract The presented diploma thesis deals with the alternative punishment of house arrest. This punishment became the part of Czech penal system when the new Penal Code came into force on the first of January 2010. The aim of this diploma thesis is to summarize valid substantive and procedural legislation of this alternative punishment, to evaluate its advantages and disadvantages and to propose possible changes and improvements of weaknesses of current legislation. First three parts of this diploma thesis are focused on essential concepts, such as punishment, purpose of punishment and its functions, alternative punishments, their introducing to legal orders, negative aspects of custodial sentence and explanation of retributive and restorative conception of justice. Following parts are focused on issues related to valid legislation of house arrest punishment. These parts are major essence of the thesis. In the fourth part of this thesis there is analysed evolution of this punishment and there are described and explained requierements for this punishment. In this part there is also explained the essence and the content of house arrest and issues linked to house arrest execution. The fifth part is dealing with house arrest control and it is divided into two chapters....
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Social and Legal Aspects of Punishment House Arrest.
HANZALÍKOVÁ, Lucie
The aim of the present Bachelor thesis entitled "Social and legal aspects of punishment house arrest", is to describe situation "de lege lata" and the actual progress of its execution and also, to describe the advantages and disadvantages of punishment house arrest and depict the public attitude to the house arrest sentence in the district of České Budějovice, The thesis is devided into two parts: theoretical and practical. The theoretical part describes alternative sentences in general and defines the house arrest sentence. The practical part is based on a study. At the beginning, the aims of the study and three research questions are introduced. The first question: Do the legal arrangements and actual execution of the house arrest sentence correspond to the current European trends? The second question: What are the advantages and disadvantages of the house arrest sentence? The third question: What is the level of lay public's legal awarness of the house arrest sentence? The study is based on a quantitative research strategy. The data were collected by means of questioning via standardized forms and patterned interviews. The form research sample included 150 respondents from České Budějovice, chosen at random. The interview reaserch sample included 4 respondents of the Probation and Mediation Service of the Czech Republic in South Bohemian region. At the beginning, all the respondents were advised on the future progress of the study and on the consequences of the use of acquired data. Also, they were informed that the filling in the forms and the participation in the interview were anonymous. Afterwards, the respondents answered prepared questions. Within the research, the following hypothesis were defined: H1: The legal arrangements of the house arrest sentence are adequate, while the actual execution of the house arrest does not equal the current European trends. The lay public's legal awarness of the house arrest sentence is very poor. H2: Compared to the prison sentence, the advantages of the house arrest sentence outweigh its disadvantages. H3: The lay public's legal awarness of the house arrest sentence is very poor. The chosen hypothesis have been confirmed. The results of the study have shown that the lay public's awarness of the legal aspects were not sufficiant and its attitude towards this kind of sentence was rather positive. Most of the respondents obtained a high school degree completed with the final exam ("maturita") and claimed to have been informed about the house arrest sentence via televison. Nevertheless, they suffer from a certain lack of information in the field of legal aspects. Compared to the prison sentence, the house arrest sentence seems to manifest more advantages than disadvantages. In the same time, the Czech legal arrangements of the house arrest sentence is adequate while the actual execution of the house arrest sentence doesn't correspond to the current European trends. This thesis can contribute to the better public knowledge of the house arrest sentence. Also, it could be used as an auxiliary manual for the high school students, e.g. in the filed of social-legal studies. Eventually, it could serve as a source of information for the Probation and Mediation Service of the Czech Republic.
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