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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Podmíněné odsouzení / Unconditional imprisonment

Vondrák, Roman January 2012 (has links)
My diploma work is structured in ten chapters. The first chapter claryfies essence of the suspended sentence. The historical development of the suspended sentence follows. The third chapter refers to changes in the new criminal code. Following two chapters describe legal conditions at putting this punishment. The sixth chapter refers to the suspended sentence close by juvenile offenders. Forms of decision and the executing action are theme of the seventh chapter. The following chapter concerns in the Probation and Mediation Service. The ninth chapter in basic features sketches alternatives to unsuspended sentence. The final chapter think of using the suspended sentence in system of alternative punishments.
2

Podmíněné odsouzení / Conditionally suspended sentence of imprisonment

Břeská, Aneta January 2019 (has links)
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...
3

Podmíněné odsouzení / Conditional sentence

Handrejchová, Michaela January 2018 (has links)
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...
4

Alternativy nepodmíněného trestu odnětí svobody / Alternatives to unconditional of imprisonment

Hrušáková, Denisa January 2013 (has links)
This thesis discusses the alternatives to unsuspected sentence of imprisonment, as only they can in the long run solve an acute and currently very topical problem of the prison overcrowding. The aim of this thesis was firstly the theoretical definition of alternatives to unsuspected sentence of imprisonment with regard to the Czech legislation and, secondly, an analysis of alternatives that Czech law provides. The introductory part focuses on the importance of alternative punishments in the system of sanctioning institutions. The thesis is divided into two main chapters with regard to the two objectives it focuses on. The first chapter, dealing with the definition of "alternatives to unconditional sentence of imprisonment", is divided into four subchapters. The first subchapter, on the background of the current concept of alternatives available in the Czech doctrinal environment, seeks a theoretical definition through the criteria on the basis of which it is possible to consider a specific institute as such an alternative. The second subchapter explains the preference for alternatives to unsuspended sentence of imprisonment. The third subchapter is devoted to the development of Czech criminal policy towards alternative punishments. Subsequently, in the fourth subchapter, the author explains contemporary...
5

Účinnost probačního dohledu v sankčním systému trestní justice z hlediska prevence recidivy / Probation in system of criminal sanctions from the point of view of prevention of recidivm

Poláchová, Jana January 2011 (has links)
The theme of my diploma thesis is the efficiency of the probation supervision of the system of justice. My aim is to inform wheather and in which way the probation supervision helps to reduce the risk of crime's relapse. This diploma thesis is divided into two parts. The first one is theoretical whereas the second one is practical. In the theoretical paragraph I explain the aims and reasons of probation supervision. The wide scope of taking advantages of this care is also mentioned. I describe all activities connected with the above. The pecularities of youngters's probation supervision are pointe dout, as well. Last but not least I inform about the course of the probation supervision and try to compare alternative sanctions to the imprisonment. A statistic survey of probation supervision in last few years makes a part of my thesis, too. The second part of my thesis is based on my practice in the centre of probation and mediation care. I mention the results of my research among the members of the working team in the above organisation and social worker's for youngsters and adults. I inform about their points of view of this care and connected probléme and thein cooperation. The next paragraph show the way of life of several clients of probation and mediation care. I inform about their situation, crime,...
6

毒品法庭的批判性考察 / A Critical Analysis of Drug Courts

林俊儒, Lin, Jun Ru Unknown Date (has links)
毒品法庭自美國發展而逐漸影響世界各地,甚至成為台灣修法倡議,是晚近刑事政策的重要議題。為深入了解毒品法庭,除介紹制度的發展概況與具體內涵外,尚將進一步考掘歷史成因及改革困境,並從制度構造及程序法理的二方面剖析其所引發的爭議。最後,將問題帶回台灣,在透過實證數據理解實務現況的基礎上,將改革情勢與制度問題脈絡化進行比較研究,試圖從刑事政策的觀點提出評價性建議,以作為台灣毒品施用者處遇的策進方向。 毒品法庭於其權限範圍內,避免對於毒品施用者施加刑罰,而改採治療的態度與方法,促使其參與以治療為主、多元且細緻的處遇。在此同時,也視其表現給予懲罰或獎勵,進行嚴密監督以強化治療義務的要求,加深毒品施用者兼具病人與犯人身分的矛盾。另一方面,程序轉為合作、案主導向、問題解決,則與以往對抗、案件導向、真實發現有別。藉此反思台灣毒品施用者處遇,重要的毋寧是檢討制度的各種爭議,以及其背後所顯示的刑事政策的價值選擇。 / Drug Courts that have risen from development in the United States have had a gradual influence on the rest of the world, and have even been amended into Taiwanese law. This has been an important issue in recent discussions of criminal policy. In order to understand Drug Courts in detail, this article first introduces the background and the contents of the system, and then explores historical causes and reform dilemmas. It then analyzes the issue from the perspective of institutional structure and procedural legal principles. To then focus the issue back on Taiwan, on the basis of understanding the current state of practice through empirical data, a comparative study of the context of reform and institutional issues is conducted. Finally, this article will attempt to put forward a proposal for an evaluation from the perspective of criminal policy as a strategy for dealing with drug addicts in Taiwan. Within its jurisdiction, the Drug Court will avoid applying penalties to drug users, and instead adopt attitudes and methods that focus on meticulous and multi-faceted methods that promote participation in treatment. At the same time, they also punish or reward based on performance, carry out strict supervision aimed at strengthening requirements and treatment obligations, and deepen the contradiction between the identity of patients and prisoners among drug users. On the other hand, the transition of procedures to collaboration, case-director orientation, and problem solving is different from confrontation, case-orientation, and truth discovery. In this regard, it is important to reflect on the problems with the system and the choice of values of the criminal policy seen behind them.

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