The name of my thesis is Alternatives of unconditional sentence of imprisonment. Because of a very wide range of alternative of unconditional sentence of imprisonment, I concentrated on suspended sentence, community service, house arrest and fine. I tried to present proposals base on studying laws, judicial decisions, czech and foreign literature. My compulsory work also examines legal regulations in the other countries in order to confrontation with Czech legal regulation and contains de lege ferenda reflections. The Austrian legal regulations of alternatives to imprisonment have been chosen for the purpose of this work, because their systems are close to the system of Czech criminal law. The thesis is divided into six chapters and some of them are divided into subchapters for better clarity. The first chapter is concerned with the concept of punishing. It is subdivided into two other parts. The first one deals with term of the punishment and the second one describes the purpose of the punishment. The second chapter looks into the alternative forms in criminal law in general. This chapter is also subdivided into four parts, which describs one by one the development of the alternative forms, their system, the concept of restorative justice and last but not least the activity of the Probation and...

The Master's thesis deals with alternatives to unconditional sentence of imprisonment, the main attention is given to alternative punishments in the strict sense, primarily to conditional sentence of imprisonment, conditional sentence of imprisonment with supervision, community service orders, pecuniary punishment and house-arrest. The study consists of introduction, 8 chapters and conclusion and discusses essential principles and bases of alternative punishments and also analyses substantive and procedural legislation of each alternative punishments in Czech Republic and draws attention to their positives and negatives. The first chapter explains the term "punishment" and describes the basic features of the absolute and the relative theories of punishment and also the purpose of punishment. In the last subchapter the study looks at basic principles that are applied for imposing sentences. Chapter Two and Chapter Three deal with conception of restorative justice that brought a new view to punishing of offenders and which is a starting point for issues of Probation and Mediation. Chapter Three explores the activities of Probation and Mediation Service in Czech Republic as an institution which is also entrusted the power of probation and mediation in the area of criminal law, but not only in this...

The topic of this diploma thesis is the settlement in criminal proceedings, one of diversions, or also alternatives to typical course and outcome of criminal proceedings. The settlement was incorporated into the Czech Criminal Procedure Code by the amendment n. 152/1995 Sb. with the effect on 1st September 1995. The settlement is an institute of criminal procedure law originating in restorative justice principles and its goal is to restore affected relationship between the defendant and the victim. Then proceedings of the settlement should not serve only to compensate the victim, as is sometimes perceived by the public, but also to clarify causes of the conflict during the active participation of both parties and to assume personal responsibility for the crime committed which may have significant effects in terms of criminal prevention. Despite the fact that the settlement is a form of diversion beneficial to the defendant (it leads to cessation of prosecution), victim (it is faster to obtain the compensation) and society (prevention from committing other crimes, relieving courts in favour of complex and serious crimes), it is rarely used in practice. In the first chapter I generally deal with the concept of diversions in criminal proceedings, their fundamental characteristics and common features...

Trend of declining crime rates in recent years, on the other hand rising recidivism raises many questions for the existing criminal justice system. High return to prison gives the impression that the purpose of a sentence of custodial sentence lose at the beginning of the third millennium its meaning. The challenge not only for the state apparatus, but the whole society is more than ever becoming reintegration of offenders, which is a predictor of risk of recidivism. The aim of this thesis is therefore description and evaluation aspects of the process of social reintegration, taking into account current possibilities to prevent reoffending. Empirical part extends the intention of re-socialization efforts charting selection of innovative programs in social work with offenders. Theoretical material consists of key concepts weighing the Criminology and Penology, which is completed at the end of work formulating recommendations for social work with offenders as a possible guide changes in the life of each individual offender.

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...

Globally, the turn of the 20th and 21st centuries has been a period of major reforms in criminal law which are connected with the effort to find new methods to deal with crime and to replace or at least complement some inflexible procedures in administration of criminal cases. More and more attention is being paid to alternative proceedings before the court and alternative punishments in criminal cases. The Czech Republic has not fallen behind in the developments. My work seeks to map the options of alternative punishments, with a focus on community service. My work also deals with the legal framework for punishments in form of community service in selected countries. I will also mention the institute of Probation and Mediation Service. The work also points to the prepared amendment to the Criminal Code in connection with community service punishments. The research in my work is divided into two parts. The first part is a quantitative survey of opinions of the general public and the other part is a qualitative survey of opinions of professionals, such as judges, policemen and officers of the Probation and Mediation Service. The main objective of the work is to learn about the general public attitudes to and awareness of application and implementation of alternative punishments. I tried to find out which punishments would be preferred by the general public. Another objective of this work has been to survey opinions of professionals in respect to application and implementation of alternative punishments. In the first survey three of my hypotheses have been confirmed and two have been disconfirmed. Based on results of the secod part of the survey I have devised three hypotheses. The results of my work have shown that although the general public has a certain level of awareness of the issue, the knowledge is very superficial. The general public has demonstrated a significant degree of tolerance and benevolence to persons with alternative punishments. Professionals mostly approve the existing legal framework for the alternative punishments. They find the definition of these punishments in the Criminal Code adequate and they believe that alternative punishments have been used sufficiently. The work will serve as a general overview of the issue.

The main goal of my work is to describe supervision as one of the alternative form of punishment. In the first part is described development of supervision in the world and Czech Republic and for comparison how supervision works in other countries of Europe. Other part is dedicated to work of Probation and Mediation service in Czech Republic. Main part of work is about description of the most important institutes with supervision, mainly to work of probation officer with clients. This part is supplemented by graphs and casuistries. Last part contains description of differences in supervision of children and juveniles.

1 Abstract Thesis deals with the implementation of elements of restorative justice in the Czech criminal law, especially in the prison system. The work identifies and analyzes the basic problems of the Czech prison system and their impacts on public policies in the Czech Republic, especially overcrowding of jails, and the way, how the state, and especially through the Probation and Mediation Service, solves this problem. This work analyzes, how successful is the implementation of alternative punishments, what tools the state has to reducing the number of people in prisons and how to reduce overcrowding in jails. In the work I also identify the role of the Probation and Mediation Service in the issue of alternative sanctions. In the work I also suggest, how to solve these problems.

An Abstract The dissertation is devoted to criminal recidivism terms of probation officers who work daily with offenders, who were imposed an alternative punishment. The theoretical part is focused on explanation of restorative and retributive justice and probation and mediation service in the Czech Republic but also in England and Germany. Furthermore, the theoretical part includes a description of the factors that influence the criminal behavior of the offender with an emphasis on social - cultural factors. In the last part of the theoretical work is defined criminal recidivism itself, its basic layout, types, and also statistics of recidivism in the Czech Republic and penitentiary and post-penitentiary care. The practical part contains qualitative research made with the help of interviews with probation officers. The aim of the research part of the thesis is to find out what Probation and Mediation Service employees themselves think about the possibilities of reducing recidivism through probation work with criminals and also what is the probation employees opinion of the actual criminal recidivism.

This thesis, dealing with "House arrest as an instrument of penal policy", reflects problems of ineffective system, increasing the number of prison sentences imposed, exceeding prison capacities and consequential violation of fundamental human rights. In response to improperly configured system of penal policy, in 2010 a new Act no. 40/2009 Coll., The Penal Code was implemented, introducing new institute of house arrest to the Czech justice system. Philosophy of house arrest is in punishing the perpetrator, while maintaining positive relationships that would be otherwise disrupted by his imprisonment. Presented thesis evaluates the implementation of the punishment, reflects benefits, disadvantages and actual barriers in its successful implementation, using expert interviews.