Summaries in English and Afrikaans / In the following theoretical study the phenomenon of boot camps is described within a penological perspective, as it has originated and developed and is applied in the United States of America. The primary aim of this study is to obtain the Magister Artium degree. Secondly, it sheds light on an alternative method of dispensation of offenders, more specific juvenile offenders, in the criminal justice system. The investigation is intended to make a modest contribution to the content of penology. Knowledge and insight obtained can serve as guidelines for future research in respect of and application of boot camps in South Africa. The planning and functioning of boot camps is taken into account and the rationale behind boot camps as an effective institution of punishment is investigated. This was done against the background of the elements of punishment, over-population of prisons, cost-effectiveness, residivism and rehabilitation. The study is of importance for South African circumstances, because of the increasingly over-population of prisons and the negative effect of imprisonment, especially on juveniles. / In die hieropvolgende teoretiese studie word die verskynsel van boot camps soos wat dit in die Verenigde State van Amerika ontstaan en ontwikkel het en toegepas word, binne 'n penologiese perspektief beskryf. Die beskrywing het in die eerste plek ten doel om die graad Magister Artium te verwerf. Ten tweede werp dit Jig op 'n alternatiewe beskikkingsmetode vir oortreders, veral jeugoortreders, in die regsplegingstelsel. Die doel van die ondersoek is om 'n beskeie bydrae tot die vakinhoud van die penologie te lewer. Kennis en insig wat ingesamel is kan as rigtingwyser dien virtoekomstige navorsing met betrekking tot en toepassing van boot camps in Suid-Afrika. Die beplanning en funksionering van boot camps word in oenskou geneem en die rasionaal van boot camps as 'n effektiewe strafinrigting is ondersoek. Dit is gedoen teen die agtergrond van die elemente van straf, gevangenisoorbevolking, koste-effektiwiteit, residivisme en rehabilitasie. Die studie is van belang vir Suid-Afrikaanse omstandighede weens die toenemende oorbevolking in gevangenisse en nadelige uitwerking van gevangenisstraf op veral jeugoortreders. / Penology / M.A. (Penology)

The Diploma thesis deals with the topic of conditionally suspended sentence of imprisonment as a separate type of punishment which is not considered merely as a variation of an unconditional imprisonment sentence. It analyses the individual elements of this institute, its history and development, the conditions of imposing and methods of termination. It also includes a comparison with foreign legislation that should bring suggestions for a better and more efficient execution of conditionally suspended sentence of imprisonment. The thesis is divided into eight chapters. The first chapter deals with general knowledge of conditionally suspended sentence of imprisonment as an alternative punishment and its legal nature. In the second chapter is outlined the historical development of the institute both in the world and in the territory of Czechoslovakia, respectively the Czech Republic. The third chapter is a major part of the thesis and describes the conditions under which conditionally suspended sentence of imprisonment may be imposed, as well as examining the probation period, adequate restraints and adequate duties or compensation for the damage or detriment caused by the offense, or the unjust enrichment gained by the crime. Following chapter relates to the decision on conditionally suspended...

The thesis deals with the comparison and evaluation of development conditions of detention and imprisonment in jails and prisons in the Czech Republic with the terms of previous years, but especially progress in respecting the rights and dignity of prisoners.

The World Prison Brief Walmsley (2001:2) reveals that there are 8,7 million people held in penal institutions throughout the world, either as pre-trial detainees or having been convicted and sentenced. Although the rising prison population in South Africa is of great concern, it is certainly not just a South African problem, but an international phenomenon. Prison overcrowding and the resultant financial and human rights problems related to this phenomenon, remain one of the paramount concerns of both developed and developing countries. Overcrowding of prisons negates the rehabilitation of offenders, undermines human dignity in correctional facilities and renders the safety and security of offenders and the community vulnerable. Another problem facing the Department of Correctional Services is the control of communicable diseases and viruses, particularly HIV/AIDS and Tuberculosis. The problem of overcrowding facilitates the easy spread of communicable diseases among inmates. Imprisonment as a sanction remains a reality. Providing alternatives to imprisonment, for example, community based-sanctions, does however ensure that a significant number of offenders can be dealt with in a more balanced manner. Alternative sanctions to incarceration can be more successful, less costly to the state, have fewer negative implications and will lighten the load for the criminal justice system, hence reducing overcrowding. In order to reduce the overcrowding in prisons there has to be a reduction in the number of both awaiting-trial and sentenced prisoners. Reducing the inflow of offenders from the courts to the prisons and trying to get minor offenders in prison to be released should accomplish this. Courts and magistrates must break away from centuries of reliance on imprisonment as punishment. If more people show interest in the human rights of incarcerated prisoners, then further effort will be placed on resolving the overpopulation problem facing the Department of Correctional Services. / Criminology and Security Science / (D. Litt et Phil.(Penology))

Summaries in English and Afrikaans / In the following theoretical study the phenomenon of boot camps is described within a penological perspective, as it has originated and developed and is applied in the United States of America. The primary aim of this study is to obtain the Magister Artium degree. Secondly, it sheds light on an alternative method of dispensation of offenders, more specific juvenile offenders, in the criminal justice system. The investigation is intended to make a modest contribution to the content of penology. Knowledge and insight obtained can serve as guidelines for future research in respect of and application of boot camps in South Africa. The planning and functioning of boot camps is taken into account and the rationale behind boot camps as an effective institution of punishment is investigated. This was done against the background of the elements of punishment, over-population of prisons, cost-effectiveness, residivism and rehabilitation. The study is of importance for South African circumstances, because of the increasingly over-population of prisons and the negative effect of imprisonment, especially on juveniles. / In die hieropvolgende teoretiese studie word die verskynsel van boot camps soos wat dit in die Verenigde State van Amerika ontstaan en ontwikkel het en toegepas word, binne 'n penologiese perspektief beskryf. Die beskrywing het in die eerste plek ten doel om die graad Magister Artium te verwerf. Ten tweede werp dit Jig op 'n alternatiewe beskikkingsmetode vir oortreders, veral jeugoortreders, in die regsplegingstelsel. Die doel van die ondersoek is om 'n beskeie bydrae tot die vakinhoud van die penologie te lewer. Kennis en insig wat ingesamel is kan as rigtingwyser dien virtoekomstige navorsing met betrekking tot en toepassing van boot camps in Suid-Afrika. Die beplanning en funksionering van boot camps word in oenskou geneem en die rasionaal van boot camps as 'n effektiewe strafinrigting is ondersoek. Dit is gedoen teen die agtergrond van die elemente van straf, gevangenisoorbevolking, koste-effektiwiteit, residivisme en rehabilitasie. Die studie is van belang vir Suid-Afrikaanse omstandighede weens die toenemende oorbevolking in gevangenisse en nadelige uitwerking van gevangenisstraf op veral jeugoortreders. / Penology / M.A. (Penology)

The thesis deals with psychosocial work with prisoners in senior age. The theoretical part focuses on the performance of the prison system in general, its development, legal and organizational structure, penal principles and specifics of specialized departments. The theoretical part also contain psychosocial characteristics of senior age, which includes psychological aspects and specifics of social work in prison. Research section includes interviews with convicted seniors that focus on the evaluation of psychosocial work with them. The aim of thesis is make a conclusion whether the theoretical bases correspond with actual practice.

The topic of my thesis are the alternatives to unconditional sentence of imprisonment, while the main emphasis is given to conditional sentence, conditional sentence with supervision, house arrest, a sentence of community service and financial penalty, which means alternative punishments in narrow sense. The aim of my thesis is to describe and summarize the legislation concerning alternative sanctions to unconditional sentences of imprisonment, and to assess the usage of alternative sanctions, as well as to present proposals de lege ferenda. The paper consists of introduction, six chapters, and conclusion. The first chapter analyses the concept of punishment, its purpose and elemental principles that apply for imposing sentences. The introduction to the second chapter focuses on disadvantages of imposing unconditional sentence of imprisonment. It also deals with short-term punishments. It mentions international approaches to alternative measurements, especially the activity of the UN and the Council of Europe. Furthermore, this chapter describes the system of alternative measures. It presents process alternatives, known as diversions, and substantive alternatives, including alternatives to punishment and alternative sanctions. The conclusion of the second chapter deals with the alternative...

This thesis deals with the issue of imprisonment, which is the strictest penalty that our legal system uses. Although the possibility of alternative sanctions has extended widely in recent years, imprisonment still retains a very important position in the system of criminal sanctions, as it is a punishment that can be imposed for the commission of any crime. Imprisonment therefore remains and shall remain punishment designated primarily for the perpetrators of the most serious criminal activities. The aim of this work is to assess the current situation of the Czech prison system with regards to the relevant legal regulation of imprisonment, including problems associated to it. This thesis consists of seven chapters; each of them deals with various aspects of this form of punishment. The first chapter is devoted to theoretical issues of the concept and purpose of the punishment. There are two main approaches mentioned in the discussion about the purpose of punishment; the absolute theory and relative theory. Attention is also given to the purpose of punishment in the Czech legal regulation of criminal law. The second chapter deals with the historical perspective on the evolution of punishment and gradual enforcement of the imprisonment sentence in the criminal sanctions. This chapter then discusses...

This thesis describes and analyses a conditional sentence as a criminal punishment. The penalty exists under Czech legislation as a suspended sentence of imprisonment and a suspended sentence of imprisonment with supervision. The essence of the conditional sentence lies in a decision of a court that finds an offender guilty and sentences him to imprisonment, but the execution of the sentence is suspended if the court taking into account the character and circumstances of the offender has a reasonable belief that execution of the sentence is not necessary to induce the offender to lead an upright life. According to statistics, the conditional sentence is the most frequently imposed criminal sentence in the Czech Republic. The first chapter describes the conditional sentence as an alternative sentence, as well as principles of restorative justice. The next chapter deals with the essence of the conditional sentence and its arguable legal status. Despite the fact that legal theory considers the conditional sentence as a distinct type of punishment, the Criminal Code indicates that it shall be only one of the form of the sentence of imprisonment. The third chapter includes some worldwide historical facts concerning the conditional sentence and its influence by a probation as well as historical evolution...

A presente dissertação começa com a evolução histórica de dois importantes institutos jurídicos, a fidúcia e a propriedade, a partir das raízes romanas. Já no direito brasileiro analisamos o conceito de negócio fiduciário e figuras afins, então passamos a estudar o contrato de alienação fiduciária. Em seguida abordamos a propriedade fiduciária, sua evolução legislativa no direito pátrio, e seus desdobramentos envolvendo móveis e imóveis, onde estabelecemos o conceito, a natureza jurídica, seus elementos constitutivos, e as conseqüências de seu inadimplemento. Não olvidamos o aspecto processual e as questões controvertidas, como a falência, a recuperação judicial e o cabimento ou não da prisão civil, dentre outros. No decorrer deste trabalho procuramos analisar crítica e comparativamente as figuras afins ao instituto da propriedade fiduciária e estabelecer as similitudes e diferenças em cada sistema estudado, assim como individualizar estes institutos previstos no Código Civil de 2002 e na Lei n. 9.514/97. Enfim, nosso estudo não estaria completo sem pesquisar a fidúcia nos sistemas francês, italiano e anglo-americano. / This paper begins with the historical evolution of two important legal institutes, trust and ownership, since the Roman roots. However, in Brazilian law we analyze the concept of deed of trust and similar institutions, thus we will study the chattel mortgage agreement. Afterward, we will focus fiduciary ownership, its legal evolution in the Brazilian law, as well as, its divisions involving real and personal property, in which we set forth the concept, legal nature, its constitutive elements and the consequences arisen from its non-performance. We have not forgotten the procedural aspect and controversial issues as: bankruptcy, judicial recuperation and the acceptance or not of civil imprisonment, among others. During this work we tried to analyze both critically and comparatively, similar figures of the fiduciary ownership institute and establish the similarities and differences in each of the systems we studied, as well as individualize the institutes provided in the Civil Code of 2002 and in Act No. 9.514/97. Finally, our study would not be complete without researching trust in the French, Italian and Anglo-American systems.