Alternative sentences in the Czech Republic: you can get these instead of prison

Alternative sentences are a key element of modern criminal law. It offers tools for more humane and effective administration of justice and rehabilitation of offenders. Instead of traditional imprisonment, other forms of rehabilitation are imposed on the offender, often taking better account of the individual needs of the convicted person and the interests of society. This approach is characterized by an attempt to minimize the negative impact of punishment on the defendant and society.

In the Czech Republic, alternative sentencing has developed significantly, especially after 1989, when new institutions were created and the Criminal Code was significantly modernised. Historically, alternative sentences in the Czech Republic have evolved from less formalised solutions towards a sophisticated system enshrined in the Criminal Code. An important step was the establishment of the Probation and Mediation Service, which plays a key role in supervising the accused and facilitating their reintegration.

Alternative sentences have a number of benefits for society. They reduce prison costs, reduce recidivism and promote the meaningful reintegration of convicts into normal life. For example, a financial penalty allows the convict to remain in employment and to contribute to the compensation of victims. At the same time, alternative sentences contribute to maintaining the social ties of convicted persons.

Alternative sentences include a wide range of measures that courts use depending on the seriousness of the offence, the nature of the offender and the circumstances of the case. The following overview will give you a more detailed look at the most common types of these sentences.

House arrest

In the Czech Republic, house arrest was introduced on 1 January 2010 with an amendment to the Criminal Code. Home detention consists in the obligation of the convicted person to stay in his/her home at specified intervals. Under house arrest, the offender is more or less only allowed to go to work, to the doctor or to attend religious services. Otherwise, he must be at home. The court shall specify specific times.

This punishment is particularly suitable for offenders who commit minor offences and are not socially dangerous. Specifically, if:

• in view of the nature and gravity of the offence committed and the offender’s person and circumstances, it may reasonably be considered sufficient to impose this penalty; and
• the offender gives a written promise to stay at the dwelling at the specified address during the specified period and to provide all necessary assistance in the execution of the control.

The advantage is that the offender can continue to be economically active and provide for himself and his family, if any, while serving this sentence. In addition, he/she may earn money to pay for the damage caused by his/her work. From the point of view of the state budget, house arrest is definitely preferable, as the costs are much lower than a prison sentence. A sentence of house arrest can be imposed for up to two years.

Compliance is monitored by the Probation and Mediation Service during random checks. In some cases, the convicted person also goes directly to the institution for counselling.

Community service

This penalty obliges the convicted person to work a certain number of hours for the benefit of the municipality, non-profit organisations or other public institutions. Community service is both educational and correctional in nature and is often used for juvenile offenders.

The prescribed range of community service is between 50 and 300 hours for adults and 50 and 150 hours for juveniles. The provider of such work may be the State, a region, a municipality or a legal entity engaged in education and science, culture, education, health protection, fire protection, environmental protection, youth promotion and protection, animal protection or humanitarian/social/charitable/religious/physical education/sports activities.

Community service can be given to a person for an offence committed negligently or for an offence committed intentionally, for which the upper limit of imprisonment is up to 5 years. Community service is unpaid and must be completed within one year of the date set for the commencement of the sentence. The sentence is again supervised by the Probation and Mediation Service together with the provider of the place of execution.

Conditional sentences with supervision

Supervision is carried out by the Probation and Mediation Service, which ensures that the convicted person complies with the conditions set by the court. In this case, imprisonment is suspended for a probationary period of one to five years (the offender is placed on probation), with a maximum sentence of three years. The most common obligations include regular attendance at sessions, no contact with the victim, completion of therapeutic programmes or education.

Prohibition of activities

As an alternative punishment to unconditional imprisonment, the prohibition of activity is intended to prevent the offender from committing further offences and prevents him from exercising a particular occupation, profession, function or activity for which a special profession or activity regulated by a special regulation is required. The prohibition of activity is imposed primarily in cases where the offender has abused his profession, for example a doctor who has violated ethical principles. However, this also includes, for example, prohibition from driving a motor vehicle for committing traffic offences.

A ban can be imposed for a period of between one and ten years. If the court imposes a prison sentence on the offender at the same time, the period of imprisonment does not count towards the period of the ban.

Monetary penalty

The current amendment to the Criminal Code also contributes to the expansion of the imposition of alternative sentences, and in particular those involving fines. This is one of the most important alternatives to short-term imprisonment.

The Criminal Code definesa fine simply as a financial sanction imposed by the court either as a fixed amount or in the form of daily rates according to the income of the convicted person. Under the Penal Code, the calculation of the penalty is based on the offender’s financial circumstances and the seriousness of the offence.

The daily rate is a minimum of CZK 100 and a maximum of CZK 50 000, and a maximum of CZK 5 000 for juveniles. The total penalty is then the multiple of the number of daily rates and the amount of the daily rate (i.e. the number of days times the amount of the daily rate). The number of days is determined by the court according to the nature and gravity of the offence committed. However, a convicted person may pay a maximum of CZK 36 500 000.

However, the court may also impose a financial penalty as an additional penalty to another. It may be imposed separately only if the imposition of another penalty is not necessary. According to the approved amendment, the imposition of a financial penalty should be possible for any offence, but for serious offences such as rape, it cannot be imposed as the sole penalty.

If the convicted person fails to pay the fine within a specified period, it may be replaced by another penalty. The most common form is the conversion of a fine into a custodial sentence. This situation is regulated by law and the court takes into account the reasons why the sentence has not been paid.

Advantages and disadvantages of alternative sentences

For defendants, alternative sentences have the major advantage of maintaining family and work ties. The offender can continue to pursue his or her profession and contribute to victim compensation. At the same time, alternative sentences are less costly and contribute to lower recidivism rates. For example, the cost per day of house arrest is one-third that of a prison stay. On the other hand, there is a risk of a lack of control over the execution of sentences, as well as the occasional perception that some alternatives are insufficiently harsh.

The aforementioned amendment to the Penal Code brings significant changes to alternative sentences that respond to modern penal policy requirements. The aim is, above all, to increase the effectiveness of punishment, both in terms of prevention and the rehabilitation of offenders. For example, the Code has expanded the possibilities for imposing penalties that do not necessarily involve imprisonment and has strengthened the emphasis on financial penalties and community service. The amendment also modified the rules for converting a fine into a prison sentence, which should ensure better enforcement.

Alternative sentences are thus proving to be an effective tool of modern criminal justice, promoting the rehabilitation and integration of offenders into society. In particular, investment in technology and improved control mechanisms will contribute to their further development.

Summary

Alternative sentences in the Czech Republic provide courts with the possibility to impose sentences that better reflect the needs of the offender and society instead of prison. The most common types include house arrest, community service, suspended sentences with supervision, prohibition of activities or financial penalties. These penalties help to reduce prison costs, reduce recidivism and facilitate the reintegration of offenders into society. The recent amendment to the Criminal Code has expanded these options and strengthened the emphasis on effective control of their execution.