Publication details

Trest odnětí svobody a nazírání na něj současnou společností

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Authors

LUKÁŠOVÁ Marcela

Year of publication 2019
Type Article in Proceedings
Conference Cofola 2019: sborník z konference
MU Faculty or unit

Faculty of Law

Citation
Web Open access sborníku
Keywords Punishment; imprisonment; universal; the strictest; public opinion
Description The undeniable prerogative of criminal law is the imposition of penalties. Until recently, this privilege was regulated only under criminal law, which changed on 1 July 2017, when the re-codified offense law came into effect. Among other things, this law introduced a different terminology and the administrative authorities impose penalties for the offense committed. The fundamental difference between penalties imposed for administrative offenses and offence is that criminal law, as the ultima ratio, has the most severe punishment across the entire legal system - imprisonment. This punishment is universal in nature and can be imposed for any offence, and by its nature it should contribute to the preventive function of criminal law. Imprisonment is intended to discourage potential offenders from committing crimes. On the imaginary scale of the severity of all punishments, it can be placed at the very top. It is not certain, however, whether the current lay public perceives it as such. In today's economic prosperity, where money plays a vital role, many are willing to give up their personal freedom rather than suffer financial penalties. Reflecting on the role of imprisonment will be addressed in this paper, the aim of which is to see how contemporary society perceives it.
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