Vliv koncepce účelu trestu na systémové postavení alternativních a komunitních trestů
The Effect of Conception of Punishment Justification on the Systemic Place of Alternative and Community Punishments - the Case of Czech Republic and England and Wales

Summary/Abstract: The paper deals with the purpose of punishment and the system of punishments in Czech Republic and in England and Wales. The aim of the paper is to find the differences in systemic place of alternative and community punishments, which stem from the conception of punishment justification of the state. The methods used for this purpose are the monographic, the comparative and the analytic method. The examined period is from the beginning of nineties till present time, because there was a little shift in the conception of the purpose of punishment in Czech Republic and a greater shift in England and Wales.The first concern has to be the clarification of the terminology of alternative and community punishments (in theory and in the law). Afterwards, the Czech and the English justifications of the punishment from the view of the legislator and the interpretative authority (Constitutional Court and Court of Appeal) and their effect on the system of punishments are presented. Finally, the last chapter encompasses the main differences in the systemic place of alternative and community punishments.

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