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The issue of life imprisonment
Svatoňová, Olga ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The aim of this thesis is to present a comprehensive view of a rather complicated issue of life imprisonment, mainly from legal perspective. It also deals with some psychological and sociological aspects which accompany long-term imprisonment. Life imprisonment is the highest sanction which is regulated in the legal system of the Czech Republic. It is imposed only in case of enumerate crimes and on the conditions stated in the penal code. Life imprisonment has been the highest sanction in our legal system since the year 1990 when it replaced death penalty which is not in accordance with principles of a democratic legal state. Similarly to death penalty, life imprisonment also has many opponents and is connected with many problems and questions. The thesis tries to define some of these problems and to bring as many findings as possible, so that everybody can make their own opinion on this issue. The thesis consists of seven chapters which are then divided into subchapters. After the brief introduction, there is the first chapter which covers the penalty as such. It delimits the term and purpose of the penalty, explains how the penalty is understood, what the terms individual and general prevention mean. The chapter also includes an interpretation of the penalty system. The second chapter covers a...
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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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The issue of life imprisonment
Andrlíková, Naděžda ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
The aim of my thesis is to analyze the issue of life imprisonment. This punishment is in the recently legal order of the Czech Republic the strictest punishment, which is imposed only for the most serious crimes. It is the punishment, which replaced the death penalty in many countries of the world. The goal of my research is to find the answer to question, if the life imprisonment is a convenient punishment for the worst cases of enormity. My thesis deals not only with the law aspects of this problem, but also discusses the sociological, psychological, moral and economical implications too. The thesis is composed of twelve chapters, each of them dealing with different aspects of the issue of life imprisonment. The brief introduction is followed by the chapter about the conception and purpose of the punishment. Chapter Three discusses the problem, if life imprisonment is a sufficient alternative to the cancelled death penalty. After that follows the inevitable chapter about the historical excursion. Next part of my thesis concentrates on the position of life sentence in the system of criminal law in the Czech Republic. The main law aspects of life imprisonment, which are the crux of this thesis, are drawn in chapters Six, Seven and Eight. Here you can find the material and procedural conditions, in...
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Life imprisonment
Černovská, Veronika ; Šámal, Pavel (advisor) ; Vanduchová, Marie (referee)
Life imprisonment Resumé The purpose of my thesis is to penetrate into the issue of life imprisonment and to analyse consequences which are connected with its legislation. The death penalty was replaced by life imprisonment in our country in 1990. The penalty of life imprisonment as the toughest punishment in the legal system of the Czech Republic necessitates big attention, because it causes considerable harm to the human rights of people sentenced to it. That is why it is possible to impose life sentence only in compliance with the strict conditions and only for enumerated crimes, both stated in the penal code. Nevertheless, life imprisonment has its supporters and opponents as well as death penalty, because it has not only advantages in comparison with capital punishment, but also some disadvantages. The thesis tries to describe these problems and propose solutions to it. The thesis is composed of seven chapters, each of them dealing with the issue of life imprisonment from a different point of view. The chapters are thematically divided into subchapters. It is necessary to know the historical context to understand the present legislation of life imprisonment, therefore Chapter One looks at development of life imprisonment, briefly in the world, but it focuses mainly on its development in our territory...
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The issue of life imprisonment
Polívková, Michaela ; Tlapák Navrátilová, Jana (advisor) ; Vanduchová, Marie (referee)
The topic of this thesis is the issue of the life imprisonment and the main aim is to analyze this punishment in Czech legal environment and to point the possible improvements that could be done in this legal area. Since this kind of punishment has been involved in Czech system of punishments for only 24 years now, it gives enough space for its study and that is why I chose it as the topic of my thesis. This thesis consists of six main chapters. In the first one my task was to enlighten the meaning of the basic terms which are necessary to apprehend in order to be able to understand the problematic of punishments in general. Other half of this chapter is dedicated to the evolution of understanding the term "punishment" itself and the main opinions of the prominent philosophers such as Cesare Beccaria, Ch.L.Montesquieu, J. Locke and others. Second chapter describes the history of the highest penalty and criminal law in general in Czechoslovakia and Czech Republic in the years 1918 - 2009. In this period of time the significant historical events influenced the Czech law, especially the creation of independent Czechoslovak republic, the period of World War II, consequential rise of communism and its fall more than 50 years later..All of these events had main significance for the journey to death...
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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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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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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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