Life imprisonment Resumé The purpose of my thesis is to penetrate into the issue of life imprisonment and to analyse consequences which are connected with its legislation. The death penalty was replaced by life imprisonment in our country in 1990. The penalty of life imprisonment as the toughest punishment in the legal system of the Czech Republic necessitates big attention, because it causes considerable harm to the human rights of people sentenced to it. That is why it is possible to impose life sentence only in compliance with the strict conditions and only for enumerated crimes, both stated in the penal code. Nevertheless, life imprisonment has its supporters and opponents as well as death penalty, because it has not only advantages in comparison with capital punishment, but also some disadvantages. The thesis tries to describe these problems and propose solutions to it. The thesis is composed of seven chapters, each of them dealing with the issue of life imprisonment from a different point of view. The chapters are thematically divided into subchapters. It is necessary to know the historical context to understand the present legislation of life imprisonment, therefore Chapter One looks at development of life imprisonment, briefly in the world, but it focuses mainly on its development in our territory...

The aim of this thesis is to present a comprehensive view of a rather complicated issue of life imprisonment, mainly from legal perspective. It also deals with some psychological and sociological aspects which accompany long-term imprisonment. Life imprisonment is the highest sanction which is regulated in the legal system of the Czech Republic. It is imposed only in case of enumerate crimes and on the conditions stated in the penal code. Life imprisonment has been the highest sanction in our legal system since the year 1990 when it replaced death penalty which is not in accordance with principles of a democratic legal state. Similarly to death penalty, life imprisonment also has many opponents and is connected with many problems and questions. The thesis tries to define some of these problems and to bring as many findings as possible, so that everybody can make their own opinion on this issue. The thesis consists of seven chapters which are then divided into subchapters. After the brief introduction, there is the first chapter which covers the penalty as such. It delimits the term and purpose of the penalty, explains how the penalty is understood, what the terms individual and general prevention mean. The chapter also includes an interpretation of the penalty system. The second chapter covers a...

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...

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...

The Issues of Exceptional Punishment - Abstract The aim of this thesis is to provide a comprehensive overview about a criminal law's legal institute of the exceptional punishment, comprising of its historical development in our territory, most of the matters regarding its applicable legal regulation in the Czech republic, analysis of a specific case in which this punishment had been imposed, comparison with selected foreign legal regulations also including a disputation on death penalty as its possible alternative. The first chapter is focused on defining the term of punishment and its function in general. It compares two basic theories that differ from each other in terms of distinct approaches to the punishment's purpose. While the absolute theory considers punishment a retribution, the relative theory regards it as a mean of resocialization of the perpetrator. However, the current concept of punishment is based on the mixed theory that constitutes a link between those two above-mentioned. The aim of this chapter is to define the specific purpose of the exceptional punishment that proceeds from the general purpose of punishment based on the mixed theory. With regard to the fact that the term of exceptional punishment needs to be construed in both time and territorial context, the second chapter is devoted...

The aim of my thesis is to analyze the issue of life imprisonment. This punishment is in the recently legal order of the Czech Republic the strictest punishment, which is imposed only for the most serious crimes. It is the punishment, which replaced the death penalty in many countries of the world. The goal of my research is to find the answer to question, if the life imprisonment is a convenient punishment for the worst cases of enormity. My thesis deals not only with the law aspects of this problem, but also discusses the sociological, psychological, moral and economical implications too. The thesis is composed of twelve chapters, each of them dealing with different aspects of the issue of life imprisonment. The brief introduction is followed by the chapter about the conception and purpose of the punishment. Chapter Three discusses the problem, if life imprisonment is a sufficient alternative to the cancelled death penalty. After that follows the inevitable chapter about the historical excursion. Next part of my thesis concentrates on the position of life sentence in the system of criminal law in the Czech Republic. The main law aspects of life imprisonment, which are the crux of this thesis, are drawn in chapters Six, Seven and Eight. Here you can find the material and procedural conditions, in...

Charles University in Prague Faculty of Law Ing. Viera Krajňáková THE ISSUES OF EXCEPTIONAL PUNISHMENT Diploma thesis Abstract The Supervisor of Diploma thesis: doc. JUDr. Jana Tlapák Navrátilová, Ph.D. Department of Criminal Law Date of elaboration of Diploma thesis (closing the manuscript): 6. 9. 2021 THE ISSUES OF EXCEPTIONAL PUNISHMENT ABSTRACT The diploma thesis is focused on the description and evaluation of the basic forms of exceptional punishment, as they are known by the Czech legal system and legal systems of selected European states. The introductory part deals with the meaning and purpose of the institution of punishment as such and the basic streams of thought dealing with the justification of punishment as an intentional harm caused to the offender for the committed crime. The second part of the thesis analyzes the historical development of the types of punishments in relation to the development of its function, from various physical punishments through the death penalty to the modern imprisonment of a limited duration or for life. In the following sections, I tried to describe and evaluate the death penalty itself from the point of view of its conformity with the basic human rights, from the point of view of arguments presented by retentionists and abolitionists, its current use in various...

In this diploma thesis I focus on health care for prisoners sentenced to life imprisonment. Health care in my view is based on a holistic vision of man, where I am interested in all components of an individual as a whole, and therefore I can not be satisfied with definition of health as absence of illness. So I do not mean only health care, but services that lead to optimal human development in all its human elements. These are services that take care of bio-psycho-socio-spiritual aspect of individual respectively prisoner. The aim of my qualitative research is to map the services related to a health care that are actually provided to prisoners serving a life sentence and then compare them with the services provided to prisoners serving prison sentence.