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Vývoj kriminologie na právnických fakultách v Praze v letech 1918-2018

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Drápal J.
Česká kriminologie (Czech Criminology)
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2019
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vol. 4
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issue 1
1-23
EN
Criminology in Czechoslovakia has been for the most of the 20th century studied and taught primarily at the faculties of law; the key role was played by Charles University. This article describes several rises and falls of criminology at the faculties of law in Prague. It firstly focuses on the development of criminology in the Institute of Criminology at Faculty of Law of Charles University in 1926-1948 and the Institute of Criminology at the Faculty of Law of German University in Prague. The article then discusses the organization of the Criminology Center within the department of criminal law at Faculty of Law of Charles University in the 1960‘s and recounts the founding of the Research Institute of Criminology of the General Prosecutor‘s Office with which researchers at Charles University had strong personal ties. Finally, the development after the Soviet occupation in 1968 and the Velvet revolution in 1989 is outlined.
2
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Je vztah mezi peněžitou sankcí a majetkem pachatele výrazem (ne)rovnosti?

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Drápal J.
Česká kriminologie (Czech Criminology)
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2016
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vol. 1
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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.
3
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Analýza ukládání peněžitých trestů v podobě denních pokut v České republice

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Drápal J.
Česká kriminologie (Czech Criminology)
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2016
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vol. 1
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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.
4
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Proč měřit recidivu nebinárně?

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Drápal J.
Česká kriminologie (Czech Criminology)
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2017
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vol. 2
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issue 2
1-11
EN
Reoffending is generally measured in a binary way: certain event (crime, arrest, conviction) has happened or not. Since the aim of any intervention is a crime reduction, which is best achieved by lowering the frequency and seriousness of crime committed, it seems to be important to consider these non-binary approaches to measuring recidivism. This is also supported by other problems, such as the process of desistence, incapacitation or evidence of chronic offenders. The article therefore discusses why binary indicators of reoffending are often preferred over the non-binary indicators, what benefits of non-binary approach there are and why it has been only rarely used by the academic community so far. This article also suggests what reasons there might have been for other researchers to use the binary indicators of reoffending. It is, however, argued that criminologists should prefer to measure reoffending in a non-binary way by incorporating the frequency and seriousness of crime into recidivism measures.
5
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Ochrana osobních údajů v kriminologickém výzkumu

63%
Nová K., Drápal J.
Česká kriminologie (Czech Criminology)
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2021
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vol. 6
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issue 1-2
1-20
EN
Empirical researchers often use secondary data collected by others, especially state institutions. Due to the increasing availability of data online and the ever-growing ease of merging various datasets, the protection of personal data and adherence to the principles of data processing is becoming increasingly important for researchers. In criminal justice research, the protection of personal data is especially important, as information on convictions or criminal proceedings is under special protection. This article presents the basic principles for conducting research using personal data, focusing on their application in criminological research and especially on the use of secondary data. The article further discusses the responsibilities of personal data administrators and their role in the context of processing data for research purposes, data security, creating databases and their various forms, and the process of anonymization and pseudonymization. The article concludes with practical recommendations for ensuring ethical and legal practices in the field of criminological research vis-à-vis personal data protection.
6
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Statistické listy trestní soudů: Ověření jejich spolehlivosti

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Vanča T., Drápal J.
Česká kriminologie (Czech Criminology)
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2021
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vol. 6
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issue 1-2
1-24
EN
This paper examines criminal court data collected by the Czech courts and the Ministry of Justice, including information about proceedings, decisions, offenses, offenders, and sanctions. First, the dataset’s composition, historical development, advantages and disadvantages are discussed to elucidate the purposes for which the data can be used. The next part of the paper presents the verification results of this dataset. A representative sample of 444 offenders was selected and the court decisions for these cases were then requested and compared with the criminal court data. For most of the variables, the criminal court dataset matched the information in the court decision s. Systemic problems (especially regarding prior convictions) were only detected in a small number of variables. Finally, the study’s implications for the public, researchers and the Czech Ministry of Justice are discussed.
7
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Databáze InfoSoud a možnosti jejího využití: Ukládají soudy přísnější tresty po podání odporu proti trestnímu příkazu?

63%
Drápal J., Vávra J.
Česká kriminologie (Czech Criminology)
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2021
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vol. 6
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issue 1-2
1-25
EN
Official datasets are the most frequently used by sentencing scholars and the court system. Nevertheless, when investigating certain topics, researchers often have to merge these datasets with their own. We illustrate this approach by collecting and presenting a dataset containing detailed descriptions of court proceedings for all cases from 2006 onward (InfoSoud), which we then merge with the official criminal court dataset. This allows us to analyze which sentences are imposed after a protest has been filed against a penal order, i.e., a court order by which the accused is found guilty but is only subject to lenient penalties. Our findings reveal that although jurisprudence has long criticized the imposition of harsher sanctions following a contested penal order, it is still a rather common phenomenon. Many offenders who file a protest are either not found guilty or are given harsher sentences than those executable via penal order.
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