O presente trabalho tem como objetivo a análise da validade das normas infraconstitucionais que possibilitam ao julgador penal a decretação da prisão preventiva sem o requerimento do Ministério Público ou do querelante. O maior ou menor grau de atribuições de ofício ao juiz está diretamente ligado ao sistema processual penal vigente em cada jurisdição. Desta forma, importa definir os sistemas processuais penais acusatório, inquisitório e misto, os princípios que os regem, e identificar qual deles foi o escolhido pela Constituição Federal de 1988 e pelas normas supralegais. A partir da conclusão de que a Constituição Federal institui o princípio acusatório que condiciona todas as normas infraconstitucionais, identificamos as normas que não encontram sua fundamentação neste princípio e, por isso, destoam do sistema. A norma que dá ao juiz o poder de decretar de ofício a prisão preventiva é uma delas. O trabalho, então, analisa criticamente alguns dos argumentos que comumente são utilizados para fundamentar a posição da constitucionalidade ou inconstitucionalidade da norma, concluindo que as bases que sustentam o poder de ofício do juiz é o ideal inquisitório de um sistema de justiça que implementa políticas públicas em que a imparcialidade do juiz é um atributo de somenos importância. Por fim, colacionam-se algumas notas de direito comparado a respeito de como a questão é tratada em diferentes jurisdições. O trabalho conclui que o poder de decretar a prisão preventiva de ofício está em contradição com os valores processuais acusatórios típicos dos Estados Democráticos de Direito. Indica-se uma possível solução para a modernização do método de tomada de decisão de medidas cautelares consistente nas audiências prévias que oferecem um ambiente mais propício ao exercício das garantias processuais. / This study aims to analyze the validity of the infra-constitutional norms that allow the criminal judge to issue a remand without the request of the prosecutor or the plaintiff. The greater or lesser degree of power assigned to the judge is directly connected to the current actual justice system in each jurisdiction. Thus, it is relevant to define the criminal procedural systems accusatorial, inquisitorial and mixed, their governing principles, and identify which one was chosen by the Federal Constitution of 1988 and the rules that are higher in hierarchy. From the assumption that the Brazilian Constitution establishes the adversarial principle which determines norms in our law systems, the study identifies rules that do not find their justification in this principle and, therefore, diverge from the system. The rule that gives the judge the power to issue a preventive detention order is one of them. The work then critically examines some of the arguments that are commonly used to support the position of the constitutionality or unconstitutionality of this rule, concluding that the basis supporting the judge\'s power is the inquisitorial ideal of a policy implementing justice system in which the judge\'s impartiality is a minor attribute. Finally, some notes of comparative law are collected in regard to how the issue is assessed in different jurisdictions. The paper concludes that the power to issue the order is contrary to the typical values of the accusatory procedural law of Democratic States. At the end, the study indicates a possible solution to the modernization of the decision-making method for precautionary measures consistent in previous hearings that offer an environment more conducive to the exercise of procedural safeguards.

O presente trabalho tem como objetivo a análise da validade das normas infraconstitucionais que possibilitam ao julgador penal a decretação da prisão preventiva sem o requerimento do Ministério Público ou do querelante. O maior ou menor grau de atribuições de ofício ao juiz está diretamente ligado ao sistema processual penal vigente em cada jurisdição. Desta forma, importa definir os sistemas processuais penais acusatório, inquisitório e misto, os princípios que os regem, e identificar qual deles foi o escolhido pela Constituição Federal de 1988 e pelas normas supralegais. A partir da conclusão de que a Constituição Federal institui o princípio acusatório que condiciona todas as normas infraconstitucionais, identificamos as normas que não encontram sua fundamentação neste princípio e, por isso, destoam do sistema. A norma que dá ao juiz o poder de decretar de ofício a prisão preventiva é uma delas. O trabalho, então, analisa criticamente alguns dos argumentos que comumente são utilizados para fundamentar a posição da constitucionalidade ou inconstitucionalidade da norma, concluindo que as bases que sustentam o poder de ofício do juiz é o ideal inquisitório de um sistema de justiça que implementa políticas públicas em que a imparcialidade do juiz é um atributo de somenos importância. Por fim, colacionam-se algumas notas de direito comparado a respeito de como a questão é tratada em diferentes jurisdições. O trabalho conclui que o poder de decretar a prisão preventiva de ofício está em contradição com os valores processuais acusatórios típicos dos Estados Democráticos de Direito. Indica-se uma possível solução para a modernização do método de tomada de decisão de medidas cautelares consistente nas audiências prévias que oferecem um ambiente mais propício ao exercício das garantias processuais. / This study aims to analyze the validity of the infra-constitutional norms that allow the criminal judge to issue a remand without the request of the prosecutor or the plaintiff. The greater or lesser degree of power assigned to the judge is directly connected to the current actual justice system in each jurisdiction. Thus, it is relevant to define the criminal procedural systems accusatorial, inquisitorial and mixed, their governing principles, and identify which one was chosen by the Federal Constitution of 1988 and the rules that are higher in hierarchy. From the assumption that the Brazilian Constitution establishes the adversarial principle which determines norms in our law systems, the study identifies rules that do not find their justification in this principle and, therefore, diverge from the system. The rule that gives the judge the power to issue a preventive detention order is one of them. The work then critically examines some of the arguments that are commonly used to support the position of the constitutionality or unconstitutionality of this rule, concluding that the basis supporting the judge\'s power is the inquisitorial ideal of a policy implementing justice system in which the judge\'s impartiality is a minor attribute. Finally, some notes of comparative law are collected in regard to how the issue is assessed in different jurisdictions. The paper concludes that the power to issue the order is contrary to the typical values of the accusatory procedural law of Democratic States. At the end, the study indicates a possible solution to the modernization of the decision-making method for precautionary measures consistent in previous hearings that offer an environment more conducive to the exercise of procedural safeguards.

The relationship between gender and bail is an important yet understudied area of research. Studies that have found a relationship between gender and bail generally overlook important differences that shape how men and women enter into crime and the types of conditions imposed on their recognisances. This study utilizes 115 bail cases from the Provincial Courthouse in Kitchener, ON to examine the effect of accused gender on bail outcome. Results show that accused gender did influence decisions to grant or deny bail. While almost all accused persons required a surety and/or bail conditions to be released, the regression analysis suggests that women were more likely to be released compared to men. Based on the deep sample exploratory analysis, gender differences emerged around issues of mental health and drug use. Theoretical and policy implications from this study are discussed as are avenues for future research.

The question of whether or not to release an accused on bail pending case resolution involves an evaluation of the risk the accused poses to the community. In addition to this evaluation, the risk posed to the reputation of the criminal justice system should the accused re-offend while on bail has come to influence the timeliness of the bail decision as well as the conditions of the release order. It appears that questions of institutional risk have intensified strategies of process, whereby the bail decision making process has come to take considerably longer as court actors postpone making the release decision. This organizational culture of risk aversion is evidenced in the growing remand population, the dominance of adjournment requests, the presumption of surety supervision, as well as the imposition of numerous restrictive conditions of release that are questionably related to the grounds for detention and allegations of the offence. Due to the additional protections contained in the Youth Criminal Justice Act (YCJA), the expectation is bail should be more liberally used for youths. However, despite the additional legislated protections, bail practices for both adults and youths are operating in remarkably similar ways. Indeed, it appears that routine bail practices for both adults and youths are inconsistent with the essential principles of the bail process. In Canada there is a presumption in favour of release on bail and a presumption of release on the least restrictive form of release appropriate in the circumstances. Despite these principles there has been a relatively steady increase in the size of the remand population in Canada. Focusing on the situation in Ontario, this dissertation examines the bail process in an effort to understand how the remand population has come to exceed the population of sentenced prisoners in provincial prisons for both adults and youths.

The question of whether or not to release an accused on bail pending case resolution involves an evaluation of the risk the accused poses to the community. In addition to this evaluation, the risk posed to the reputation of the criminal justice system should the accused re-offend while on bail has come to influence the timeliness of the bail decision as well as the conditions of the release order. It appears that questions of institutional risk have intensified strategies of process, whereby the bail decision making process has come to take considerably longer as court actors postpone making the release decision. This organizational culture of risk aversion is evidenced in the growing remand population, the dominance of adjournment requests, the presumption of surety supervision, as well as the imposition of numerous restrictive conditions of release that are questionably related to the grounds for detention and allegations of the offence. Due to the additional protections contained in the Youth Criminal Justice Act (YCJA), the expectation is bail should be more liberally used for youths. However, despite the additional legislated protections, bail practices for both adults and youths are operating in remarkably similar ways. Indeed, it appears that routine bail practices for both adults and youths are inconsistent with the essential principles of the bail process. In Canada there is a presumption in favour of release on bail and a presumption of release on the least restrictive form of release appropriate in the circumstances. Despite these principles there has been a relatively steady increase in the size of the remand population in Canada. Focusing on the situation in Ontario, this dissertation examines the bail process in an effort to understand how the remand population has come to exceed the population of sentenced prisoners in provincial prisons for both adults and youths.

Doctor Legum - LLD / In South Africa, prison authorities are not primarily concerned with the health of the prison population. This is evidenced by inter alia: the vast number of complaints regarding health care received by the Judicial Inspectorate of Correctional Centres; natural deaths in prisons reported annually; litigation regarding health care and treatment in prisons; and the notoriously poor conditions of detention which inevitably have a negative impact on prisoners' health. There is as a result a noticeable difference between state provided health care to the public and health care in prisons. This thesis is therefore aimed at unpacking what the right to health means in respect of terminally ill prisoners. This question has been overshadowed by issues regarding medical parole in South Africa and intermittently by calls for palliative care in prisons. Whilst these issues are relevant to their plight, there is a need to articulate the scope of the right to health of terminally ill prisoners. This is imperative as not all prisoners who are terminally ill are eligible for medical parole and there are instances where the granting of such parole may be impractical. An analysis of the right to health in relation to terminally ill prisoners will provide legal certainty as to the legal entitlements regarding health care for one of the most vulnerable groups in society. They will know what they may legally claim and what they cannot insist upon in terms of the law.

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.

Fast and high quality implementation of adaptation process in an organisation is beneficial not only for the organisation, but also for its new employees. Managing such adaptation process is beneficial for the organisation mainly after the employee has achieved an adequate level in their work performance. From the employee's point of view fast and high-quality adaptation improves competency and accelerates learning processes. This thesis focuses on reviewing the existing process of adaptation of new employees in the Remand Prison Prague-Ruzyně by means of searching obstacles that can slow down or impede this process. The theoretical part deals with an introduction into human resources management and focuses on company learning and development, its methods and forms. It also defines the following terms: adaptation process, adaptation and orientation in the relation towards new employees in the organisation. The first part is concluded by a chapter describing specific environment of the Prison Service of the Czech Republic and mainly by the Remand Prison Prague-Ruzyně and the recruitment and education of new members. Second, empirical part, presents all research methods which have been used, objectives and research questions. Consequently the research results are shown and questions answered. Based...

The Diploma Thesis deals with the description of the facts and activities related to the proclamation of the Gospel in the prison environment. It refers to the historical development of penitentiary from the prison early days to the present time. It describes the ways to provide spiritual service in recent prison environment, the activities of the associations of Prison Religious Care (PRC) and Prison Religious Service (PRS). It provides the overview of mutual relationships among these orga-nisations and the Prison (Penitentiary) Service of the Czech Republic, and at the same time it gives legal standards regulating the provision of spiritual services on the territory of the Czech Republic. It provides a complete view of activities of a prison chaplain and introduces his competences to the reader. The research section is focused on findings what kinds of the most serious current problems accompanies the process of evangelization in current Czech prison environment and which solutions of existing problems are suggested by involved experts.

Philosophiae Doctor - PhD / Tuberculosis is a bacterial infection which is a major cause of death worldwide. TB is a curable disease, however the bacterium can become resistant to the first line treatment against the disease. This leads to a disease called drug resistant TB that is difficult and expensive to treat. It is well-known that TB disease thrives in communities in overcrowded environments with poor ventilation, weak nutrition, inadequate or inaccessible medical care, etc, such as in some prisons or some refugee camps. In particular, the World Health Organization discovered that a number of prisoners come from socio-economic disadvantaged population where the burden of TB disease may be already high and access to medical care may be limited. In this dissertation we propose compartmental models of systems of differential equations to describe the population dynamics of TB disease under conditions of crowding. Such models can be used to make quantitative projections of TB prevalence and to measure the effect of interventions. Indeed we apply these models to specific regions and for specific purposes. The models are more widely applicable, however in this dissertation we calibrate and apply the models to prison populations.