This thesis deals with the house arrest sanction which is one of alternatives of the unsuspended sentence of imprisonment. The author tries to summarize accessible information on the history of house arrest and electronic monitoring. The main aim of the thesis is to briefly present substantive and procedural legal regulation of the house arrest sentence in the Czech Republic. This thesis also covers other issues such as the role of the Probation and Mediation Service in the process of imposing the sanction of house arrest and in the enforcement of this sanction, advantages and disadvantages of house arrest and the outline of legal regulation of house arrest in some other states.

House arrest punishment, its execution and control This diploma thesis deals with the complex issues related to house arrest punishment, its execution and control as one of the most controversial questions in the field of criminal law. This diploma thesis is divided into eight chapters. The first chapter focuses on clarification of general term and purpose of punishment. It discuses absolute theory, relative theory as well as theory that combines several approaches to the actual purpose of the punishment. This chapter also describes the main criminal law doctrines which are connected to punishment. The second chapter aims on restorative justice as a system of justice which is different from retributive justice when it represents approach which tries to identify alternative solutions in criminal cases. The third chapter aims on issue of alternative punishment concerning reasons for existence of alterative punishments, kinds of alterative punishments as well as secondary sanctioning. The fourth chapter concerns the actual house arrest punishment. It discusses general questions which are connected to house arrest punishment. It describes its history, legal frame of this institute as well as conversion of house arrest punishment to custodial sentence and on the other hand conversion of other punishments...

Resumé House arrest punishment, its execution and control House arrest punishment became a part of the Czech criminal law in 2010. Even though it is possible to impose this punishment for several years, it is not so commonly used. Judges and public prosecutors are still not convinced about its efficiency due to insufficient control. In my thesis I am dealing with particular provisions concerning house arrest, conditions for which the punishment might be imposed and with possible mechanism of its control. The first chapter is about the punishment theory. It is worth mentioning because the definition of this concept is important for deep understanding of the issue. I define the main characters of the restorative justice in followed chapter. This concept has influenced the alternatives punishments into which house arrest comprises. In the following chapters I am dealing with particular provisions of the house arrest, focusing on the conditions of imposition. This criminal sanction can be imposed for misdemeanour in duration not exceeding two years. Consent of the convicted person is one of the essential conditions. It reflects the will to carry out the punishment duly under the terms imposed by a court. Execution of the house arrest consisting of the obligation to stay in a certain dwelling for a period...

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 Master's thesis provides a comprehensive analysis of possible alternatives to imprisonment. It is indisputable that incarceration is the most severe penalty that can be applied to law-breakers in the Czech Republic. To use this punitive measure in cases where it might not be appropriate would be in breach of humanitarian principles and of proportionality. For this reason, it is incumbent on states to reflect on how their correctional system might be improved. The main aim of this Master's degree thesis is to examine non- custodial sentences in the Czech Republic and briefly compare them to those in operation in other countries. It also analyses whether the Czech correctional system is satisfactory. The author explores the question of whether an improvement in this area of the penal system would result in a corresponding reduction in the prison-rate. The text focuses on house-arrest, community service orders, suspended sentences, and fines, since they are the most common non-custodial sanctions. The thesis is composed of an introduction, six chapters and a conclusion. The initial two chapters are introductory and define the basic terminology used in the text. The first chapter, which considers the concept of punishment, is subdivided into four parts. Firstly, it describes what punishment...

House arrest punishment, its execution and control The aim of this thesis is to summarize as fully as possible the treatment of house arrest both the substantive criminal law and procedural, conditions for the sentencing and its carrying out as well as the control of respect and subsequent consequences in case of violation of the punitive terms. The thesis is divided into twelve chapters, which are further divided into subchapters. The introduction is followed by a first chapter providing a theoretical introduction to the concept of punishment, its purpose and function. Determining firstly the purpose of punishment on the basis of three theories, I concluded with a detailed description of the purpose of punishment in accordance with Czech legislation. The second chapter provides an overview of the system of penalties and includes a listing of punishments provided for by the Criminal Code. This chapter is divided into two subchapters focusing on the principles of punishment and the possibility of waiving punishment respectively. The third chapter describes the alternative sentence. This chapter is divided into five subchapters starting with a description of the system of alternative measures followed by a definition of the concept of alternative sentencing. The third subchapter deals with the...