Trestání coby multioborový fenomén – rehabilitační a restituční přístup k trestání a jejich projevy v českém trestním právu

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Title in English Punishment as a multidisciplinary phenomenon - rehabilitation and restitution approaches to punishment and their manifestations in Czech criminal law
Authors

VYMAZALOVÁ Vendula

Year of publication 2024
Type Article in Periodical
Magazine / Source Státní zastupitelství
MU Faculty or unit

Faculty of Law

Citation
Web Časopis Státní zastupitelství
Keywords punishment; approaches to punishment; restitution; rehabilitation; restorative justice; offender; empirical research
Description This article mainly discusses the rehabilitation and restitution approaches to punishment and their manifestation in Czech criminal law. In the introductory part, it is at first clarified why I consider punishment to be a multidisciplinary phenomenon, and then the selected approaches to punishment, or theories of the purpose of punishment, are presented. In subsequent parts, the attention is paid to various forms of manifestation of the rehabilitation and restitution approaches to punishment in Czech criminal law, and above all in legal practice. For this purpose, I also present a created table of rehabilitative and restorative elements that I indicate in selected institutes of Czech criminal law, as well as individual data obtained through empirical research. At the very end of this contribution, it is explained why I personally lean towards the rehabilitation and restitution concept of punishment.
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