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Monitoring House Arrest in the Slovak Republic

100%
Mesároš M., Bodor M.
Security Dimensions: International & National Studies
|
2016
|
vol. 20(20)
52-67
EN
The paper deals with the house arrest punishment as one of the alternative penalties that may be imposed on the offender under the Criminal Code effective. In this paper, the author focuses on the analysis of substantive provisions of the sentence under house arrest in the Slovak Republic. In particular, the author deals with a very topical issue of electronic monitoring of persons in the Slovak Republic, which is closely linked with the sentence of house arrest.
2

The Use Of Alternative Measures In The Czech Republic

88%
Ščerba F.
Baltic Journal of Law & Politics
|
2013
|
vol. 6
|
issue 1
89-105
EN
This article deals with Czech legal regulation of alternative measures and their use in practice within the Czech criminal justice system. Attention is focused on procedural alternative measures, i.e. diversions in criminal proceedings, as well as on alternative punishments. The development of Czech criminal law has been strongly influenced by the conception of restorative justice, which was the base for the effort to spread the scope of alternative measures and to reduce the number of the imprisoned. But the introduction of new measures (diversions, community service, house arrest, etc.) was accompanied by some problems regarding their use in practice; some of them were connected with legal regulation, other ones were caused by incorrect use. The article identifies these problems (also through analysis of statistical data) and also describes solutions to the problems.
3
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Alternative Punishment as a Suitable Alternative to Imprisonment

75%
Lešková L., Haburajová Ilavská L., García Martín J.
Journal of Education Culture and Society
|
2022
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vol. 13
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issue 2
39-54
EN
Aim. The philosophy of alternative punishment is based on keeping the convicted person free, while imposing a punishment that will act preventively against committing another felony. The paper focuses on perceiving the importance of alternative punishment as part of restorative justice, and on presenting the results of the questionnaire survey which aimed to identify the public´s preferences in the context of various forms of alternative punishments as an option, instead of imprisonment. Attention is paid to three alternative punishments, specifically: community service, house arrest, and monetary sentence (fine). Methods. The questionnaire survey aimed to find out what forms of alternative punishment are, according to the respondents, a suitable alternative to incarceration. The survey sample comprised of Slovak individuals (N=1078) aged from 16 years and older, thereof 31.3% men (N=337) and 68.7% women (N=741). Results. Based on the analysis of the data collected from the 1078 respondents´ answers to the individual questions in the questionnaire, community service was identified as the most favorable alternative to imprisonment, whereas the least preferences the respondents gave to the option of monetary fines. Conclusion. The concept of alternative punishment is understood as a form of punishment that fulfills the purpose of a sentence, without deprivation of freedom, but still guaranteeing the fulfilment of a court-ordered unconditional retribution. Compared to traditional forms of punishment, alternative methods of resolving judicial cases do not enforce repression and prefer the individual approach to punishing the accused (convicted) persons with emphasis on corrective aspects of alternative punishment. The results of the survey showed that the respondents strongly prefer one form of alternative punishment, namely the community service.
4
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The alternatives of imprisonment according to the Albanian Law and the ways of surveillances

75%
Belishta A.
Academicus. International Scientific Journal
|
2015
|
issue 12
244-259
EN
This paper considers different alternatives to Sentence to a Term of Imprisonment listed in a chapter with the same title, in the Articles 58-64 of the Albanian Criminal Code. This approach to such subject reflects not only the reality of how the judicial system in Albania operates, but, because of the purpose and the positive changes that the implementation of these alternatives to sentence to a term of imprisonment brings, it is also a permanent requirement of the international community. In this note I have focused in three important quests: theoretical interpretations of these criminal code provisions, examples from court’s practices as well as problems and challenges that might arise, and lastly, the procedures required for their implementation. Moreover, in considering the procedural challenges, the conditional sentence (Article 59), semi freedom (Article 58), house arrest (Article 59/a), community service (Article 63) and conditional release or parole (Article 64) of the Criminal Code, I have also presented my personal view on the matters. My thoughts and suggestions add to the explanation and elaboration of this subject not only from the practitioners’ points of view, but they also add to the intellectual discussion among those who exchange ideas and theories on the subject. This concludes the intent and purpose of this note, which focuses on a topic that is very current today.
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