I have chosen this topic because of my long-lasting interest in criminal law in general. The aim of this work was to map the legislation of our strictest penalty clearly and to come up with comparison of this legislation and reality of the czech prisons using a questionnaire research. I have summoned my discoveries at the and of each chapter about the individual problem of the penalty of imprisonment and also in the closure od this work. There are five chapters in this diploma thesis. The first one is providing basics about the punishment of unconditional imprisonment and also about the purpose of this strictest penalty. Chapter number two offers a brief historical excursion into the former legislation of the issue of the penalty of unconditional imprisonment and its progress and is very important for good understanding of the hole issue of the penalty of unconditional imprisonment. Third chapter provides a well arranged summary of the current legislation of the unconditional imprisonment on constitutional and also legal level. Author of this diploma thesis deals with the topic of the unconditional imprisonment which is included in the Constitution of the Czech republic, the Bill of Basic Rights and Liberties, the Criminal Code, the Penal Code and the Law of the Performance of the Imprisonment....

I have chosen this topic because of my interest in criminal law in general. Two years ago I visited one of the largest prisons in the Czech Republic, the Valdice prison, which is situated only 20 km far from my hometown, Semily. I realized that unconditional imprisonment is a really interesting and complicated theme. The Czech prison system has recently suffered from particular problems and the aim of my thesis is to identify these problems and suggest solutions. My thesis is composed of five chapters. Chapter One is introductory and defines the basic term - sentence and its purpose. Chapter Two deals with relevant Czech legislation and consists of four parts. Part One focuses on the most important principles of imposing punishments, such as principle of legality, principle of subsidiarity, etc. Part Two analyzes the role of unconditional imprisonment in the sentencing structure. Part Three describes duration of unconditional imprisonment and Part Four reviews two types of extraordinary sentences. Chapter Three concentrates on execution of unconditional imprisonment. This chapter is subdivided into nine parts. Part One deals with international rules, European prison rules and Czech legislation. Differentiation of prisons is described in Part Two and Part Three. Part Four relates to admission,...

The aim of this paper is to analyze the actual problems of the Czech penitentiary system and to find its weak points. It also tries to propose the convenient solutions. The extend is reduced to the Czech prison system and pre-trial or other forms of detention are excluded. The thesis is divided into seven chapters. The first one deals with the finance related issues, which can be marked as the most significant problem. As in the other parts of the world, Czech prisons are beyond the usual sphere of interest of the politicians and therefore face a long-term funds shortage. I am afraid it is not going to change soon. The prison service of the Czech Republic, which keeps our prisons, has to be more efficient in spending money. Privatization or appropriate outsourcing policy is a good example how to achieve it. The second chapter describes overcrowding in the prison facilities. It is considered to be a very actual topic. The law guarantees 4 square meters per a convict, but we are nowadays facing a huge income of new prisoners and the prison capacities are not sufficient. It causes several problems. Inmates live in inhuman and degrading conditions, overcrowding creates underground prison life and it also impedes social reintegration. Another weak point is that the average capacity of the Czech prisons is 500...

Resocialisation of persons after serving a term of imprisonment Diploma thesis discusses problem of resocialisation of persons after serving a term of imprisonment. The aim of thesis is to explain a process of resocialisation of inmates during their imprisonment and after it. Thesis also attempts to answer how effective is special treatment with inmates. The main focus is given to the ways how we try to reach resocialisaton of these persons, such as treatment programmes - especially employment of prisoners and institute of conditional release from serving a prison sentence. The final part of thesis deals with post-penitentiary care and points out huge problems disallowing successful resocialisation - indebtedness and impossibility to find a job after serving a term of imprisonment.

The aim of this diploma thesis is to provide varied informations relating to life imprisonment sentence and to penetrate into the issue of the life imprisonment, not only from the legal aspects, but also from philosophical, criminological, psychological and social aspects. The penalty of a life imprisonment is the toughest possible criminal penalty in the legislation of the Czech Republic. It replaced the death penalty, which was abolished in 1990, in accordance with the principles of the democratic rule of law having respect for basic human rights. It is an extraordinary punishment, imposed only for the most serious crimes. But as the death penalty, the life imprisonment is a sentence with a number of problems. In seven chapters of this thesis I will try to define these problems. Chapter One contains the necessary interpretation of the concept of punishment, its purpose and describes the system of penalties. Innermost purpose of life sentence is the isolation of the offender from a society and thus preventing recidivism. Due to most felt injury life sentence causes, fulfill the retaliation claim and demand of deterrence. However, despite the significant barrier function of this sentence, there is an educational function of punishment too, because the possibility of conditional release expected the...

Death Penalty - Summary As the theme of my thesis, I've chosen the death penalty. The death penalty is phenomenon that accompanies mankind from the earliest time. Although the capital punishment is currently on decline and it has been abolished in many countries of the world, it is still a topic that arouses passionate debate. In the Czech Republic, the death penalty was abolished more than twenty years ago, but the majority of the population in the opinion polls calling for its renewal. Therefore I decided to mainly deal with the question of the acceptability of the death penalty, and to work with the alternatives offered by our legal system. In the introduction of my thesis I've determined the range of subtopics, which I will pursue and I have asked the questions that I had during work to answer. The whole thesis is divided into eight main chapters, which are further divided into subchapters. The first chapter is devoted to the concept and purpose of the punishment. The first subchapter deals with the concept of punishment. I summarize here the historical theories about the purpose of punishment, both retributive theory, utilitarian theory and combined theories. In the last subchapter I describe the purpose of punishment in today's Czech criminal law. The second chapter briefly describes the death...

This thesis deals with the legal status of persons serving prison from the perspective of selected areas of their fundamental rights. Analyzed areas include the right to protection from torture, cruel, inhuman or degrading treatment, the right to protection of health and to free medical care, the right to be protected from any unauthorized intrusion into one's private and family life and the right to participate in the administration of public affairs through active and passive voting rights. The theory includes institutional guarantees ensuring compliance with these rights and the relevant recommendations of international organizations. Practically oriented casuistic section of the thesis is based on the direct experience gained during authoress' internship at the Czech Helsinki Committee, non- governmental human rights organization based in Prague since 1988.

ISSUE OF THE LIFE IMPRISONMENT SUMMARY The purpose of this diploma thesis is to analyse the issue of life incarceration and some of the matters, which are related to this kind of punishment. I have decided to choose this topic because I have always been interested in the question of how society should punish the most serious crimes. Moreover, this punishment was introduced into the Czech legal framework not that long time ago, so in my opinion, there is still much space for its improvement. The life incarceration, which is the severest punishment possible within the Czech legal frame-work can be imposed by court only in the cases of the most serious crimes such as aggravated murder, terrorist attack or high treason. It was implemented in 1990 by the Criminal Code Amendment Act, which abolished the death penalty and replaced it with the life sentence. This thesis is divided into seven main chapters. The first part defines the basic terms, also it explains the purpose of punishment and deals with the system of punishments available according to our Criminal Code. Next chapter shows us briefly the evolution of punishments, especially of the life imprisonment, from the oldest civilizations up to the present. The third and fourth part are the core parts of this thesis, because they concern with the actual...

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...

Trata-se de uma pesquisa qualitativa, que visa investigar a eficácia da pena de privação da liberdade como recurso preferencial da sociedade no enfrentamento da criminalidade. Uma unidade de internação da Febem de São Paulo, uma penitenciária feminina, um presídio de regime semiaberto e uma cadeia pública do interior do Estado de São Paulo, com 60 presos entrevistados em cada uma delas compõe a base de dados da pesquisa. Considerou-se variáveis gênero, tempo, idade, duração e local de cumprimento da pena como fatores diferenciais entre os quatro subgrupos. Amparada em documentação oficial, análise de prontuários, entrevistas estruturadas com internos, técnicos e diretores, montou-se conjuntos de variáveis para traçar o perfil de cada preso nas fases pré-prisional e prisional, fazendo-se também a caracterização do que é a vida prisional de cada sujeito dentro da prisão. Procedeu-se à comparações entre a condição de entrada na prisão e a condição atual avaliando como as variáveis escolarização, formação profissional, constituição familiar, exercício de direitos e estrutura de apoio sociofamiliar se transformam em função do tempo e do espaço. A análise dos dados quantitativos e das informações qualitativas apontam para uma condição de extrema vulnerabilidade pessoal e social da quase totalidade dos presos com acentuada deterioração dos principais quesitos necessários ao exercício dos direitos de cidadania, tanto na prisão como fora dela; identifica que a pena e a prisão acabaram por potencializar ao extremo deficiências pessoais e sociais ao ponto de fazer com que seus códigos, símbolos e valores sejam acatados por indivíduos que, desprovidos deles em outras instâncias da vida social, passam a encontrar na prisão e na cultura prisional o principal referencial para nortear o pensamento, o sentimento e a conduta. Identifica, igualmente, estar a prisão cumprindo uma nova instrumentalidade na dinâmica social, servindo como espaço complementar de socialização para amplos segmentos da população, que passam a gravitar em torno do ente preso, com ele(a) estabelecendo relações de diversas naturezas, inclusive criminosas. Identifica também elevado número de familiares de presos com antecedentes criminais e/ou participação, ativa ou passiva, em práticas delinquenciais e que as relações de caráter conjugal nascidas dentro da própria prisão compromete completamente o princípio de individualização da pena, fazendo com que o comportamento delinquente deixe de ser uma patologia individual para se transformar em uma patologia social, com inúmeros exemplos de que a cultura prisional ultrapassou as muralhas da prisão e hoje fundamenta o imaginário de grupos de organizados e comunidades, inclusive com uma geração de crianças concebidas, nascidas e socializadas dentro ou em torno da prisão. Este processo generalizado de criminalização das relações sociofamiliares aponta para o incipiente surgimento de famílias criminosas, permitindo deduzir que a pena e a prisão estejam fomentando uma nova e ousada forma de organização da criminalidade em que os familiares de presos assumem, por vezes de forma explícita e ostensiva, a defesa dos códigos, dos símbolos e dos valores da prisão. A pesquisa aponta que o modelo organizacional e administrativo da prisão concorre para a solidificação da pedagogia do crime dentro de suas muralhas, analisando também a hierarquização dos saberes científicos dentro da prisão e a responsabilidade que possuem na falência da pena como instrumento preferencial de combate à criminalidade. / It is a qualitative research, which aims to investigate the effectiveness of the penalty of deprivation of liberty as a preferred resource of society in the fight against crime. An inpatient unit of Febem in São Paulo, a female penitentiary, a prison of semi-open regime and a public chain in the State of São Paulo, with 60 prisoners interviewed in each one composes the search database. Variables considered gender, age, time, duration and place of fulfillment of the sentence as differential factors among the four sub-groups. Based on official documentation, medical records analysis, structured interviews with interns, technicians and directors, rode to sets of variables to plot the profile of every inmate pré prisional prison and phases, becoming also the characterization of each subject prison life inside the prison. We proceeded to the comparisons between the condition of entry in prison and the current condition evaluating how school variables vocational training, family Constitution, exercise of rights and socio-familiar support structure are transformed in function of time and space. The analysis of the quantitative data and qualitative information pointing to a condition of extreme personal and social vulnerability of almost all of the prisoners with sharp deterioration of the major items required for the exercise of the rights of citizenship, both in and outside prison; identifies that the sentence and the prison eventually enhance personal and social deficiencies in the extreme to the point of making their codes, symbols and values are accepted by individuals who, lacking of them in other instances of social life, will find in prison and prison culture the main benchmark to guide the thinking, feeling and behaviour. Identifies also be prison serving a new instrumentality on social dynamics, serving as a complementary space of socialization for large segments of the population, that they gravitate toward the ente stuck with him (a) establishing relations of various natures, including criminals. Also identifies a large number of relatives of detainees with criminal records and/or participation, active or passive, in delinquenciais practices and relationships of spousal character born within the prison itself completely undermines the principle of individualization of punishment, causing the delinquent behavior is no longer an individual pathology to transform into a social pathology, with numerous examples of prison culture that went beyond the walls of the prison and today is based on the imagination of groups of organized and communities, including with a generation of children conceived, born and socialized in or around the prison. This generalized process of criminalization of relations sociofamiliares points to the incipient emergence of criminal families, allowing them to deduce that the penalty and prison are fomenting a bold new way of organising the crime in which the relatives of prisoners are sometimes explicitly and ostentatious, the defence of codes, symbols and values. The research points out that the organizational and administrative model of prison competes for the solidification of the pedagogy of the crime within its walls, analyzing also the hierarchy of scientific knowledge within the prison and the responsibility we have in bankruptcy of pity as preferred instrument of combating crime.