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Secondary consequences of a conviction a.k.a. invisible punishments

Publication at Faculty of Law |
2018

Abstract

This contribution is focused on the issue of so-called invisible sanctions. Punishments and protective measures are listed exhaustively in the Criminal Code, and the lawgiver anticipates detailed rules for their imposing.

Such rules allow the court to customize the penalty given in relation to specific circumstances and condition of the perpetrator. At the same time, the court is obligated to clarify thus customization in the decision itself.

Next to these, there are penalties and sanctions, that are just indirect consequences of the conviction. As an example, factual impediment of the elective right of incarcerated persons can be given, or the loss of integrity, which is a condition for conduction numerous businesses and activities.

Such consequences are usually not considered, as well as they might not be wholly considered by the court in the time of conviction. The ambition of the author is to point out some selected cases, to consider their influence on the resocialization of the convict, and attract the attention of the educated public to this, in the Czech Republic still unexplored issue.