Magazine Státní zastupitelství 2/2016

JUDr. Štěpán Výborný, asistent soudce Ústavního soudu, e-mail: vyborny.stepan@seznam.cz

The article reflects potential criminal repression of hate Islamofobic speech (the expression excessively attacking Islam or Muslims). The author analyzes limits of freedom of speech in case of hate expressions based on different religion of the victim and relevant criminal offences contained in Criminal Act as well. The article focuses on the role of expert witness in cases connected with the limitation of freedom of speech as well.

Jakub Drápal, interní doktorand na Právnické fakultě UK a student magisterského programu Criminology na University of Cambridge, e-mail: jakub.drapal@gmail.com

This paper deals with the impact of imprisonment on re-offending rate. Three issues are analysed. First is the specific deterrent impact of imprisonment on re-offending, second is the effect of incapacitation on crime rate and third is the general deterrent effect of imprisonment. Several ways for future research are proposed.

JUDr. Lumír Crha, státní zástupce Nejvyššího státního zastupitelství, e-mail: lcrha@nsz.brn.justice.cz

The article deals with the relationship between politics and criminal unconditional imprisonment. On the basis of specific sociological survey from 2014, it finds high levels of punitiveness of Czech society and the European public. It briefly mentions the views of elites to imprisonment since 1950, till the split of Czechoslovakia in 1993. Features and comments on trends in the number of prisoners for the duration of the independent Czech Republic – from 1994 to the present. The author points out the contradiction proclaimed decriminalization and actual criminal repression. Compares criminality rate (PPR) in different countries. The author cites three main factors that in his view lead to a high number of persons held in prisons: the crime rate, the rate and degree of punitiveness activities of the police and the judiciary. Only in this way the author explains the differences between PPR of different countries. The author also attempts to further explain difference between the high PPR Czech Republic and the low PPR Federal Republic of Germany. He is sceptical, that it would managed to significantly reduce number of persons held in Czech prisons soon.