The aim of this thesis is to analyse the house arrest punishment as one of the alternatives to the imprisonment and to map the contribution of this punishment for the Czech criminal law. This thesis offers a short view in to history of this punishment. The main part of this thesis is an analysis of substantive and procedural legal regulation and analysis of the conditions for imposition of the house arrest punishment and its execution. Space is given also to Probation and Mediation Service of Czech Republic, because it plays an important role during the imposition of the punishment and its execution. Author of the thesis focuses also on comparing advantages and disadvantages of the punishment and he tries to compare both systems of control. One chapter is given to overview several foreign legal regulations.

The diploma thesis analyses a new alternative sentence - house arrest, which was implemented to the Czech legislation by the new Criminal Code effective from January 1, 2010. Chapter One introduces the reader to the concept of punishment and the idea of restorative justice as the basis of alternative sentences. Chapter Two focuses on the history of house arrest including the beginnings of electronic monitoring. Chapters Three to Five are the most significant parts of the thesis because they provide the analysis of substantive and procedural regulation of house arrest punishment and its execution. The author highlights potential problems and tries to make recommendations de lege ferenda. Chapter Six describes the control process of house arrest enforcement provided by Probation and Mediation Service and the electronic monitoring systems available in the world. In the last chapter the author shows the experience of some European countries with the house arrest punishment and especially with the implementation of electronic monitoring which could be inspiration for the Czech Republic.

House Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and CHouse Arrest Sentence, Its Execution and Controlontrolontrolontrol House arrest is one of the new types of sentences brought by the new penal code, which came into force in 2010. This thesis should give a brief view on the matter of imposing, executing and control of the house arrest sentence in the Czech Republic. House arrest is a type of sentence when offender serves his sentence at home instead of prison. He or she must stay at home at night from 22.00 till 5.00 or in time determined by court and all the weekends and public holidays. It means that the sentenced person is able to perform his job or studies and take care of his/her family. Other reason for enacting the house arrest sentence is that the convicted person is not affected by the prison environment, which makes his return to normal life difficult or even impossible. Very important is also the financial matter of the sentence, because compared to imprisonment, the house arrest should save more than 2/3 of expenses. A court may impose house arrest when the criminal offence is punishable by the prison sentence in maximum duration of 5 years. The offender's explicit consent with the imposing of this sentence and other...

House Arrest Punishment, Its Enforcement and Control According to the new Criminal Code the house arrest sentence has been introduced into the Czech legal order. The repeated incorporation of this institute into our legal order represents a reaction to the situation in our society - the so called crises of the custodial prison sentence. The causes of introducing of this punishment are e.g. the intention to ease the conditions in overcrowded prisons, to save substantial amounts of money, and last but not least, to maintain positive family and work relationships of the convict. House arrest belongs among alternative sentences, i.e. punishments not connected with confining somebody into prison, which nevertheless enable to reach the purpose of the punishment equally as imposing custodial prison sentence. House arrest represents the most severe alternative sentence, which is obvious from its inserting into the provision of § 52 Criminal Code right after imprisonment. House arrest occurs in two basic types, which are the programs called ,,Back-end" a ,,Front-end". Further we distinguish between house arrest forms connected with electronic monitoring and forms without it. From July 1, 2012 to November 30, 2012 "Experimental Electronic Monitoring of the Convicted Persons" took place, the results of which clearly...

House arrest came into Czech criminal law with the adoption of the new Criminal Code 1st of January 2010. House arrest was expected to be used as the most stringent alternative to the sanction of imprisonment in cases where there is no need for a significant intervention into the life of the offender, but at the same time there is a need for more severe penalty than the usage of other alternative punishments. The thesis is divided into five chapters. Chapter one is solely devoted to concept and aim of punishment. Chapter two deals with alternatives punishments, demarcation of unconditional sentence of imprisonment to alternatives punishments and restorative justice. Chapter three focuses on the house arrest and its position in the Czech criminal law system. First part of this chapter illustrates the position and importance of house arrest in Czech criminal law system, furthermore the most important terms are also described there. Final passages of chapter three discussed in detail the conditions for the imposition of house arrest and the manner of its exercise. Chapter four is focused on an electronic control system of house arrest. This issue is currently heavily discussed in the Czech Republic as we are in the final stage of preparations that should lead to the implementation of the electronic control...

The main aim of my thesis is to develop an analysis of current legislation governing alternative sentences, their possibilities and limits comparing it with other European Union countries. The thesis also examines the proposals de lege ferenda that could be used as a benchmark and a guide for future amendments to the current regulation. The notion of alternative sentencing became a global trend in the last two to three decades; this is the result of, inter alia, of continuous increase in the number of inmates, prison overcrowding and congestion of the judicial apparatus. Crescent crime and new forms of crime (especially economic) hit the Czech Republic as a former socialist country in the post-revolutionary times, very assertive. The results of studies and language experts warn against lax approach in the form of increased storage imprisonment and criminal policy tightening. There is also talk about crisis imprisonment. It is clear that an unconditional sentence of imprisonment has its benefits, such as preventive effect, in my opinion, however, the left especially serious crime offenders and recidivist behavior: "Nesit summum malum dolor, malum certe est." Instead of intramural prison environment with significant social and deviant subculture find great potential in alternative prison sentences, which are...

Submitted by admin tede (tede@pucgoias.edu.br) on 2016-11-22T12:24:00Z No. of bitstreams: 1 FLAVIA MARIA PEREIRA SIMÃO MIRANDA.pdf: 981229 bytes, checksum: 3b1aaa70f2d5eeda217acc6312f17009 (MD5) / Made available in DSpace on 2016-11-22T12:24:00Z (GMT). No. of bitstreams: 1 FLAVIA MARIA PEREIRA SIMÃO MIRANDA.pdf: 981229 bytes, checksum: 3b1aaa70f2d5eeda217acc6312f17009 (MD5) Previous issue date: 2016-06-29 / It sought, through a historical-legal, doctrinal study, analyze the problem of drugs and the growing crime resulting from the use, abuse or dependence on narcotic substances, which requires scholars to develop new alternatives to the traditional model of law criminal and aims to implement a more effective fundamental rights, in particular the right to life, which stems from the principle of human dignity (one of the foundations of the Federative Republic of Brazil, pursuant to art. 1 of the Federal Constitution), the right to physical, mental and social integrity and the right to health. It adopts the method of hypothetical-deductive approach, with literature review. It presents an overview of the Brazilian prison system, demonstrating the failure of deprivation of liberty and its ineffectiveness because, despite the increase in prisoners, it did not have the power to reduce crime. It is observed from the study that the Institute of Therapeutic Justice is presented as a viable and effective solution to the growing of the crime problems related to drug use, as it is an excellent strategy for coping with addiction binomial and/or drug use and crime. It is being implemented throughout the Brazilian territory, as it has high levels of efficiency. He emerged in Brazil following the American model of Drug Courts, but with its own peculiarities, which will be demonstrated in this study. It aims to analyze the mechanisms used by the program, its usefulness, scope, applicability in the Brazilian legal system and the results obtained from its action within the State of Goiás Judiciary. Specifically, one of the foundations for the research was a shortage of about stuff theme, therefore, is intended to guide the professionals of law and spread the importance of the institute, aiming at greater implementation of the program and also effective participation of society. / Buscou-se, por meio de um estudo histórico-legislativo, doutrinário, analisar a problemática das drogas e a crescente criminalidade decorrente do uso, abuso ou dependência de substâncias entorpecentes, a qual exige dos estudiosos o desenvolvimento de novas alternativas ao modelo tradicional do Direito Penal, bem como almeja implementar uma maior efetividade aos direitos fundamentais, em específico o direito à vida, do qual decorre o princípio da dignidade da pessoa humana (um dos fundamentos da República Federativa do Brasil, nos termos do art. 1º, da Constituição Federal), o direito à integridade física, psíquica e social e o direito à saúde. Adota o método de abordagem hipotético-dedutivo, com análise bibliográfica. Apresenta o panorama do sistema prisional brasileiro, demonstrando a falência da pena privativa de liberdade e a sua ineficácia, pois, apesar do aumento de presos, isto não teve o condão de diminuir a criminalidade. Observa-se a partir do estudo que o instituto da Justiça Terapêutica se apresenta como solução viável e eficaz para a problemática crescente do delito relacionado ao uso de drogas, tratando-se de uma excelente estratégia para o enfrentamento do binômio dependência química e/ou uso de drogas e criminalidade. Está sendo implementada em todo o território brasileiro, pois apresenta altos níveis de eficácia. Despontou no Brasil seguindo o modelo norteamericano das Drug Courts, mas, com suas peculiaridades, as quais serão demonstradas no presente estudo. Objetiva analisar os mecanismos utilizados pelo programa, sua utilidade, abrangência, aplicabilidade no ordenamento jurídico brasileiro e os resultados obtidos a partir da sua intervenção dentro do Poder Judiciário do Estado de Goiás. Especificamente, um dos fundamentos para a pesquisa foi a escassez de material acerca do tema, pois, pretende orientar os profissionais do Direito e difundir a importância do instituto, visando a maior implementação do programa e também participação efetiva da sociedade.

Abstract The thesis titled - The possibility of eliminating the risk of recurrence of persons conditionally released from prison (the prison sentence) can illuminate current topic of criminal recidivism at a time whenmore and more discussion about prison overcrowding and the improvement of efficiency and alternative sanctions is debated in society. The theoretical part is divided into four chapters, in which I try to clarify the key issues. I explain different terms, mention the statistical data, I describe possible relapse prevention tools e.g. treatment programs or alternative sanctions. I refer to innovation tools of the criminal policy, e.g. Electronic monitoring or Probation Homes. I mention subjects dealing with prevention of criminal recidivism. The empirical part describes the research and it is divided into two chapters. To achieve its objective, I chose the strategy of qualitative research, an interrogation method and semi - structured interview technique. The first part was realized on a research sample of nine clients conditionally released from prison with a supervision of the probation officer. The second part of the research was conducted on a sample of eight probation officers from the Probation and Mediation Service (PMS) in the South Bohemia. The main goal was to map the instruments used in the context of prevention of recurrence of persons conditionally released from prison by probation officers. Results showed that the list of instruments is extremely diverse. Analysis of self - assessment, professional interview and assistance of the other organizations e.g. Labor office, police, NGOs or debt counseling are the most preferred ones. The first sub - objective was to findopinions of probation officers on implementing new instruments helping to reduce recidivism and to reveal their possible advantages and disadvantages of them. Results showed that electronic monitoring as a new tool is welcomed by probation officersand they are believed to increase efficiency of the home imprisonment sentence. The most of respondents identified the implementing of Probation Homes as useful, particularly in the area of strengthening the social functioning of the client. The second sub - objective was to describe differences in risk of recurrence from the perspective of persons conditionally released from prison to probation officers. The research results showed that probation officers and their clients have different points of view on the matter. The officers said their clients were not able to see "yourself", they had no lack of self - reflection and the ability to learn from the crime they had committed. People released from prison are the most feared of drug addictionand gambling or job loss. This thesis is supposed to bring insight into reducing the risk of recurrence issue and recently introduced tools in this field. Furthermore, to point out the difference in the view and riskassessment of recurrence between probation officers and their clients.

[pt] O presente trabalho pretende apresentar dados gerais sobre a população carcerária feminina no Brasil, em especial com relação ao aumento do número de mulheres no cárcere, evidenciando os problemas específicos vividos por aquelas que estão grávidas, ou têm filhos e dependentes que são diretamente afetados pelo seu encarceramento. Observando o disposto nas Regras de Bankgok; na possibilidade de penas alternativas em outros países; e na própria lei brasileira de número 13.257/16, referente ao caráter domiciliar de cumprimento da pena para casos específicos; é possível afirmar que há iniciativas incentivadas por organizações internacionais para proteger as mulheres e crianças nesta condição, com movimentos de internalização destas normas. Entretanto, observa-se a dificuldade para a sua execução e os limites do sistema carcerário para atender estas novas demandas. Desse modo, o artigo provoca uma reflexão: a internalização da norma é o suficiente para a garantia de direitos, ou é necessário que sejam criados outros instrumentos com diretrizes específicas para a aplicação da mesma? / [en] This paper aims to present general data on the female prison population in Brazil, especially regarding the increase in the number of women in prison, highlighting the specific problems experienced by those who are pregnant, or have children and dependents that are directly affected by their incarceration. In compliance with Bankgok Rules; the possibility of alternative penalties in other countries; and in the Brazilian law of number 13.257/16, which refer to the domiciliary character of the penalty for specific cases; It is possible to affirm that there are initiatives encouraged by international organizations to protect women and children in this condition, with movements to internalize these norms. However, it is observed the difficulty for its execution and the limits of the prison system to meet these new demands. Thus, the article provokes a reflection: is the internalization of the norm enough to guarantee rights, or is it necessary to create other instruments with specific guidelines for its application?