Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Refine search results

Journals help

  1. 2 Česká kriminologie (Czech Criminology)

Authors help

  1. 2 Drápal J.

Years help

  1. 2 2016

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  pecuniary punishment
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1
Publication available in full text mode
Content available

Je vztah mezi peněžitou sankcí a majetkem pachatele výrazem (ne)rovnosti?

100%
Drápal J.
Česká kriminologie (Czech Criminology)
|
2016
|
vol. 1
|
issue 1
1-13
EN
This article examines from several positions the question of whether the amount of pecuniary punishment (in the field of criminal or administrative law) should be related to the wealth of the offender. It discusses, whether such a differentiation is discriminatory or not, analyses the jurisprudence of the Czech Constitutional Court and focuses on the application of the theory in practise. Law and Economics, as well as several other influential theories are examined, being followed by critical description of situation in Czech criminal and administrative law and jurisprudence. The attitude of supreme courts, is rather hesitant and they seem to hold back. Their reasons are unclear, one of them might be that there are not many possible ways for administration to discover the real wealth of the offender.
2
Publication available in full text mode
Content available

Analýza ukládání peněžitých trestů v podobě denních pokut v České republice

100%
Drápal J.
Česká kriminologie (Czech Criminology)
|
2016
|
vol. 1
|
issue 2
1-17
EN
In 2010 the pecuniary punishment started to be defined in the form of day fines. So far, however, no analysis of its functionality has been made. The aim of the article is to find out if the new concept works in reality or if it stays only on the paper. The results of author´s research suggest that the concept of day fines does not function well in the Czech Republic. Even though richer offenders get slightly higher pecuniary punishments (and higher day fines) in absolute numbers, they receive relatively lower punishments than poorer offenders. It seems that the concept of day fines does not work either in the proportion of one day fine to the wealth of an offender or in the proportion of the number of day fines to the seriousness of an offense. Several partial results such as differences in sentencing between male and female judges or their opinions about day fines are discussed as well.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.