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Trest domácího vězení a jeho resocializační potenciál / House arrest punishment and its social rehabilitation potentialKašparová, Petra January 2021 (has links)
The objective of the socially and pedagogically oriented diploma thesis is to find out the social and integration benefit of the house arrest punishment. The thesis has a theoretical-empirical nature. The theoretical part of the thesis is based on professional literature with the topics of punishments, history and foreign experience with the home arrest punishment within the context of restorative justice principles. At the same time, there is defined the activity of probation officers, and the issue of alternative punishments is reflected from the perspective of social pedagogy as a life aid. Qualitative research discovering benefits and weaknesses of the home arrest punishment in the current probation practice was selected for the empirical part. There were carried out interviews with probation workers from the department of electronic monitoring system and judges who impose the home arrest punishment. There will be proposed recommendations for the efficient use of the home arrest punishment on the basis of the research.
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Trest domácího vězení a jeho resocializační potenciál / House arrest punishment and its social rehabilitation potentialKašparová, Petra January 2021 (has links)
The objective of the socially and pedagogically oriented diploma thesis is to find out the social and integration benefit of the house arrest punishment. The thesis has a theoretical-empirical nature. The theoretical part of the thesis is based on professional literature with the topics of punishments, history and foreign experience with the home arrest punishment within the context of restorative justice principles. At the same time, there is defined the activity of probation officers, and the issue of alternative punishments is reflected from the perspective of social pedagogy as a life aid. Qualitative research discovering benefits and weaknesses of the home arrest punishment in the current probation practice was selected for the empirical part. There were carried out interviews with probation workers from the department of electronic monitoring system and judges who impose the home arrest punishment. There will be proposed recommendations for the efficient use of the home arrest punishment on the basis of the research.
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Trest domácího vězení, jeho výkon a kontrola / Punishment of house arrest, its execution and controlŠárka, Jakub January 2020 (has links)
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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Trest domácího vězení, jeho výkon a kontrola / House arrest, its execution and controlProcházková, Aneta January 2019 (has links)
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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Trest domácího vězení, jeho výkon a kontrola / House arrest, its execution and controlŘíha, Jan January 2019 (has links)
House arrest, its execution and control Abstract By reading this thesis, the reader will acquaint himself with the punishment of house arrest its execution and control and other connected legal concepts. The goal of this thesis is to summarize legislation pertaining to the above mentioned subject matter, to point out its faults and to propose improvements of the current legislation. The first part of this thesis refers to punishment in general. It investigates its core concepts and answers the question on how punishments differ from other legal sanctions. The first part also deals with the purpose of punishment and the system of punishment in framework of Czech criminal law. Alternative punishments, their principles and advantages are subject of the second part of this thesis. Furthermore, here I explore the concept of restorative justice, its principles and how restorative justice relates to alternative punishments. The punishment of house arrest itself is subject of part three of this thesis. Aside from history and current legislation, this part also deals with connected legal concepts which can be characterized as house arrest but are not punishments in legal sense. Moreover, third part is also where I examine various kinds of conversions associated with house arrest. The fourth part of this thesis zooms...
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Alternativy nepodmíněného trestu odnětí svobody a jejich srovnání s francouzskou právní úpravou / Alternatives to unconditional sentence of imprisonment and their comparison with the French legislationKocourková, Kristýna January 2020 (has links)
This thesis deals with alternatives to unconditional imprisonment. Since this is a very extensive topic, I have focused only on alternative sentences in the narrower sense of the term, namely conditional conviction, conditional conviction with supervision, house arrest, community service and financial punishment. The aim of this thesis is to analyse the Czech lawful legislation of alternatives to unconditional imprisonment, to compare it with selected French alternative sentences and to propose changes de lege ferenda. The thesis consists of an introduction, five chapters and a conclusion. The first chapter deals with the concept of punishment and its purpose. At the same time, this chapter outlines a general introduction to alternative punishments in Czech and French legislation. The second chapter deals with institutes related to restorative justice, namely probation and mediation. This chapter also describes the organisation of the Probation and Mediation Service. The third chapter focuses on individual Czech alternative punishments in the narrower sense. Individual subchapters are ordered according to the systematic of law. Within each subchapter the sentence is characterized, followed by a list of conditions under which the sentence can be imposed, as well as the conditions for the execution...
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Alternativy nepodmíněného trestu odnětí svobody / Alternatives to unconditional imprisonmentBrandeisová, Anetta January 2015 (has links)
The name of my thesis is Alternatives of unconditional sentence of imprisonment. Because of a very wide range of alternative of unconditional sentence of imprisonment, I concentrated on suspended sentence, community service, house arrest and fine. I tried to present proposals base on studying laws, judicial decisions, czech and foreign literature. My compulsory work also examines legal regulations in the other countries in order to confrontation with Czech legal regulation and contains de lege ferenda reflections. The Austrian legal regulations of alternatives to imprisonment have been chosen for the purpose of this work, because their systems are close to the system of Czech criminal law. The thesis is divided into six chapters and some of them are divided into subchapters for better clarity. The first chapter is concerned with the concept of punishing. It is subdivided into two other parts. The first one deals with term of the punishment and the second one describes the purpose of the punishment. The second chapter looks into the alternative forms in criminal law in general. This chapter is also subdivided into four parts, which describs one by one the development of the alternative forms, their system, the concept of restorative justice and last but not least the activity of the Probation and...
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Alternativy nepodmíněného trestu odnětí svobody / Alternatives to unconditional imprisonmentEgerová, Radka January 2014 (has links)
The Master's thesis deals with alternatives to unconditional sentence of imprisonment, the main attention is given to alternative punishments in the strict sense, primarily to conditional sentence of imprisonment, conditional sentence of imprisonment with supervision, community service orders, pecuniary punishment and house-arrest. The study consists of introduction, 8 chapters and conclusion and discusses essential principles and bases of alternative punishments and also analyses substantive and procedural legislation of each alternative punishments in Czech Republic and draws attention to their positives and negatives. The first chapter explains the term "punishment" and describes the basic features of the absolute and the relative theories of punishment and also the purpose of punishment. In the last subchapter the study looks at basic principles that are applied for imposing sentences. Chapter Two and Chapter Three deal with conception of restorative justice that brought a new view to punishing of offenders and which is a starting point for issues of Probation and Mediation. Chapter Three explores the activities of Probation and Mediation Service in Czech Republic as an institution which is also entrusted the power of probation and mediation in the area of criminal law, but not only in this...
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Trest domácího vězení, jeho výkon a kontrola / House Arrest Punishment, Its Execution and ControlMatějková, Martina January 2012 (has links)
The purpose of this thesis is to analyse the legal issues of the sentence of house arrest. The author deals with the importance of house arrest for restorative justice, the role of this sentence among alternative sanctions to imprisonment and the legislation in the Czech Republic in her thesis. She also focuses on the history of house arrest, experience from abroad and the advantages and disadvantages of this punishment. Part of the work is devoted to the Probation and Mediation Service and Electronic monitoring.
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Domácí vězení - možná alternativa k trestu odnětí svobody / Home arrest - possible alternative to imprisonmentSLABÝ, Václav January 2012 (has links)
This thesis deals with house arrest punishment as an alternative to classical imprisonment. It starts with analysing various perspectives on the purpose of punishment, penalty function and using human ? law documents defines limits for sentencing in the criminal justice system. Furthermore this work overviews house arrest punishment by historical moments in different legal standards of the Czech Republic since dissolution of the Austro-Hungarian Empire to the present. This work describes the current legal system of house arrest punishment, methods of control, tasks of the Probation and Mediation Service in connection with house arrest punishment and compares it with classic imprisonment. At the same time it contains a brief overview into different foreign laws and ethical analysis of some aspects of house arrest punishment. In conclusion, the author assesses if house arrest punishment fulfils the purpose of the punishment in the soft form of personal freedom limitation and looks at this institution from the perspective of legal aspect ?de lege ferenda?.
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