Mediace a probace v praxi probačního pracovníka

PhDr. Vladislav Větrovec

Advanced ('rigorózní') thesis

The Specification of A Probe Worker Dealing with Juvenile Crime Offenders

Abstract:

Meditace a probace v praxi probačního úředníka Aplikace ustanovení zákona o Probační a mediační službě, upravujícího způsoby a podmínky probace a mediace jako nástroje urovnání trestněprávních konfliktů, ale také na výchovné a pedagogické aspekty probačních a mediačních činností, které jsou potřebné pro práci pracovníků Probační a mediační služby ČR. Práce je teoreticko - empirického charakteru, přičemž při jejím zpracování bylo použito konstantní komparace a kvalitativní obsahové analýzy textu. Ústřední hypotézou práce je myšlenka, že aktivity směřující k alternativnímu řešení trestních věcí probíhají u nás ve dvou rovinách. Cílem práce je zdůraznit a popularizovat skutečnosti, že nejvýznamnějším projevem změn trestní politiky je vytvoření podmínek pro široké uplatnění alternativních způsobů řízení před soudem a využití alternativ k potrestání v trestních věcech.

Abstract:

This theses called “The Specification of A Probe Worker Dealing with Juvenile Crime Offenders” focuses on the issue of the application of individual law enactments of a Probe and Mediation Service adjusting the ways and conditions of the probe and mediation as a tool for arranging criminal law conflicts as well as a practical educational and pedagogical views on a probation and meditative activity that is necessary for the work of workers of “Probe and Mediation Service CR”. The law of the “Probe And Mediation Service” is connected to the basic criminal law regulations, which are presented by the law nb. 140/1961 Collection of Laws, a penal law in the version of later regulations, and the law nb. 141/1961 Collection of Law, concerning criminal trial proceedings {The code of criminal procedure} in the version of later regulations. The beginnings of the probe and mediation dates back to the government resolution nb. 341/1994 in the framework of a program called “Crime Prevention” due to which the government demanded the Minister of Justice to establish workplaces for probe workers in connection with institutions of alternative precautions and punishments which have already been accepted or are being prepared. The reason why the problems of the activities of “Probe And Mediation Service” drew my attention was that as a graduate of the Pedagogical faculty of Charles University in Prague {the major subject was Special pedagogy} and as a student of the Law faculty of J.A.Komensky University in Bratislava, I can see a penetration of both these scientific fields. This work has been dedicated to the problems of mediation approbation, the possibilities of practical use of individual forms of alternative solution of juvenile criminal issues limited by legal framework within which they must appear and the specific features of the work of mediation and probe workers. The theses is of a theoretical-empiric nature and while working on it an instant comparison and quality content text analyses was used. The main hypotheses is presented by the idea that activities aiming at the alternative solution of criminal issues are in our country carried out within two levels. Firstly, in the framework of a system of a valid criminal law and then outside this system, in such an environment which isn`t controlled by the law but within which a solution, which has an impact on criminal law field, can be achieved due to a valid law modification. The process and methods being developed on each level differ in great measure. What they have in common, though, is that they present reaction to a committed crime and as such they have to respect our legal order and must not get into a clash with it.The aim of this theses is to emphasize and popularize the facts that the most significant sign of the changes in the penal policy is to create conditions for a wide application of alternative controlling ways in court and to take advantages of alternatives of punishments in criminal issues. These forms of criminal issues solving can be characterized as a specific process and regulations used alternatively on the contrary of a standard prosecution and the traditional imprisonment. Among the main reasons, which led to their worldwide spreading, there belongs the effort to make the punishment individual and to provide the offender with a positive challenge to live in harmony with the law. As it has been already mentioned, it is necessary to include the people to whom damage has been caused by a criminal conduct in the solving process of criminal acts. What is more it must be dealt effectively with overwhelmed courts and authorities connected with criminal trial proceedings whatsoever. It is vital to cope with the law prison capacity, to make the criminal trial and the civil proceedings cheaper and to find efficient forms of prevention of criminality by maintaining high demands for real correctness and the justice of the judicial decision. In individual c

Abstract:

hapters I am trying to characterize the new conception of the penal justice, the Probe and Mediation Service CR, the juvenile and a special assignment of their criminal prosecution, the typology of the juvenile clients of the Probe and Mediation Service CR, convenient methods for the work with juvenile offenders, the problems in communication with juvenile clients of the Probe and Mediation Service CR, the best alternatives for criminal trial proceedings of the juvenile, the process of mediation, the institution of conditional cease of criminal prosecution, the institution of settlement, the problems of cooperation with service organizations and free time activities and the problems of work risk of a probe worker when dealing with juvenile offenders. The research issue has been chosen descriptively. The following verified hypotheses were set: 1.The current law framework for alternative solutions of criminal issues enlarged by the activity of the Probe and Mediation Service is satisfactory. 2.The scale of usable alternative ways of prosecution enabling decision taking of many criminal conducts outside the standard main trial creates good conditions for perseverant differentiation and individualization of process forms of solving criminal conduct regarding its nature and the offender`s character. 3.The court decision taking activity within the framework of deflection from the standard prosecution and the application of alternative punishments are replaceable. The basic research discoveries have shown that the current juridical framework for alternative solutions of criminal issues added by the activity of the Probe and Mediation Service can be considered as satisfactory and it finds its place most of all in criminal trial proceedings which are led against juvenile offenders. The whole scale of usable alternative methods of penal prosecution enabling the decision taking of many criminal issues outside the standard main trial creates fairly good conditions for a perseverant differentiation and individualization of process forms of solving criminal conduct regarding its nature and the offender`s character. Such outlined process modification in combination with a valid modification of alternative penalties also reveals space for effective and sensitive solutions of such conflicts connected with criminal conduct which the criminal law is unable to solve by common means of penal suppression. The judge`s decision taking activity in the framework of deflection from the standard trial and application of alternative punishments is further on unreplaceable and plays a significant role in juvenile prosecution. The possibilities of the judge or the state attorney to solve these conflict relations effectively are limited. At the end the basic discoveries of an empiric research have been summed up and some general knowledge has been outlined. The main contribution of this work is an overall view on the problems of the work of the Probe and Mediation Service employee.

Keywords

Nové pojetí trestní spravedlnosti, Probační a mediační služba ČR, Mediace, Mladiství, Trestní stíhání mladistvých, Psychopatologie, Sociální deviace, Typologie mladistvých, Komunikace, Alternativy v trestním řízení, Podmíněné zastavení trestního stíhání, Narovnání.

Language used: Czech

Date on which the thesis was submitted / produced: 11. 10. 2006

Thesis defence

• Date of defence: 11. 10. 2006
• Supervisor: neuveden

Masaryk University

Faculty of Education

Advanced ('rigorózní řízení') programme / field:
Education / Social Education