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Punishment and rehabilitation

The case of the Czech Republic

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Conclusion

Despite partial amendments to criminal legislation the existing Czech criminal system is marked by its punitive character. Despite a slight change in attitudes towards punishment after 1990, the nature of penalties has not been adapted to the new goals. The punishment which fulfils the retributive, i.e. deterrent objective will not automatically become a means of re-education and rehabilitation merely because we change its objective in law. The new purpose of punishment requires changes in contents of punishment, i.e. searching for effective ways of handling offenders both outside and inside prisons. We have to renounce the idea that rehabilitation of offenders can be achieved by coercion. We have to respond to offending by imposing an adequate punishment which must be executed paying full respect to human rights and dignity. In this context, any offender must be able to exercise his or her right to request conditions and means for social reintegration (training, improvement of skills, medical treatment etcetera), if the offender is really interested in rehabilitation. We can only create conditions, we cannot reintegrate anybody by force. Rehabilitation in the Czech Republic continues to be more a good intention than a reality.

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References

  • Jelínek J., Z. Sovák Trestní zákon a trestní øád Praha, Linde a.s., 1996Návrh vìcného zámìru rekodifikace trestního práva hmotného Praha, Ministerstvo spravedInosti ÈR, 1996 (unpublished)Statistická roèenka kriminality 1996 Praha, Ministerstvo spravedInosti ÈR, 1996

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Válková, J. Punishment and rehabilitation. Eur J Crim Policy Res 5, 72–81 (1997). https://doi.org/10.1007/BF02677598

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  • DOI: https://doi.org/10.1007/BF02677598

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