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Imposing Punishments and Their Execution

Publication at Faculty of Law |
2020

Abstract

The publication is a collection of 23 contributions created for the occasion of the expert meeting of defence attorneys, judges, public prosecutors and other personages of criminal law theory and practice on the topic Imposing Punishments and Their Execution organised by the Union of Defence Attorneys in cooperation with the Charles University Faculty of Law on June 4, 2020. The topic, which is often neglected in expert discussions, turned out to be a well of remarkable, burning, and disputable questions to which answers are sought by the authors in their texts.

The reader is, therefore, offered an opportunity to acquaint themselves with current data connected to the execution of the sentence of imprisonment along with the critical notions of the Prosecutor General and the Director General of the Prison Service of the Czech Republic, the workings of probation, and the analysis of the impacts of the changes in criminal policy on the number of prisoners. Several undesirable occurrences in sentencing - the insufficient quality of the justification, the excess of long unconditional sentences of imprisonment, the imposition of exceptional sentences of imprisonment for incomplete crimes, the unsuitable accumulation of converted sentences of imprisonment or the insufficient use of the institute of conditional release, - are identified as well.

Several novelties brought about by the Act No. 333/2020 Coll. (new grounds for the imposition of the extraordinary mitigation of a sentence of imprisonment, the proposal of criminal sanction by public prosecutors in the indictment, the expansion of the institute of conditional release) were not omitted either. Several problematic aspects of sanctioning legal entities, the side effects of criminal conviction, and many other attractive topics, which can enrich the readers from the ranks of law students, law practitioners and other representatives from the professional and lay public, are analysed too.