Decree of the Ministry of Justice of the Czech Socialist Republic No. 1 / 1977 Coll.
Decree of the Ministry of Justice of the Czech Socialist Republic on deductions from the remuneration of persons in prison or in custody and on the enforcement of decisions by deductions from the remuneration of such persons and inmates of special educational establishments
Valid
Effective from 01.04.1977
1
DECLARATION
Ministry of Justice of the Czech Socialist Republic
of 30 December 1976
on deductions from the remuneration of persons in prison or in custody and on the enforcement of decisions by deductions from the remuneration of such persons and of inmates of special educational establishments
The Ministry of Justice of the Czech Socialist Republic provides, pursuant to Articles 29 paragraphs 2, 4 and 5 and Article 65 of Act No. 59 / 1965 Coll., on the execution of the sentence of imprisonment, as amended by No. 84 / 1969 Coll., § 152 (2) and § 360 (3) of the Criminal Code No. 141 / 1961 Coll., and § 373 of the Civil Code No. 99 / 1963 Coll., and as regards the authority referred to in § 360 (3) of the Criminal Code, in agreement with the Prosecutor General of the Czech Socialist Republic:
Deductions from the sentenced's remuneration
The employment pay due under Paragraph 29 (1) of the Act on the execution of a custodial sentence (hereinafter referred to as the "Act ') shall apply to a person who is in the execution of a custodial sentence and who has been assigned to work (hereinafter referred to as" the sentenced') a corrective education institution or a prison (hereinafter referred to as "the Institute ') to pay, in particular, the maintenance obligation imposed on children and the cost of serving the sentence, to cover further deductions and to ensure pocket and storage.
Reductions for maintenance children
(1) Where there is at least 400 CZK per month, a reduction shall be made in particular to cover maintenance for children who are not able to feed themselves (hereinafter referred to as "dependent children"), at the rate specified in the tables set out in the Annex to this Decree (hereinafter referred to as "Annex").
(2) Where the sentenced two or more uninsured children are in the care of different persons, the amount set out in the Annex shall be distributed in the same way as the maintenance allowance reduction.
(3) Reductions shall be made at the request of the sentenced or of the person in whose custody the child is, at the request of an elderly, uninsured child, or, where appropriate, of a youth establishment in which the uninsured child is located.
Reductions to cover the costs of execution
(1) A deduction shall be made from the salary of the sentenced person, if he is at least 400 CZK per month, to cover the costs of the sentence as set out in the Annex.
(2) From the salary of the sentenced person, if he does not reach 400 CZK per month, he shall be deducted from the remainder in excess of the 30 CZK allowance (Section 5 (1)).
(3) The cost of execution shall also be reduced by the difference between the wage of the sentenced and its rounding downwards to an amount divisible by 100.
(4) A 50% reduction in the cost of the execution of the sentence shall be made on the part of the wage of a free-time worker for an organisation other than a contract between the Institute and an economic organisation within the meaning of Article 26 (3) of the Act.
Other precipitation
(1) A further deduction shall be made from the wage of the sentenced:
(a) the costs of exercising the custody;
(b) the costs of the execution of the sentence referred to in the first sentence of Paragraph 65 of the Law;
(c) the cost of criminal proceedings, fixed by a lump sum, 1)
(d) the damage referred to in Section 32 of the Act;
(e) the damage referred to in Article 33 of the law, provided that the satisfaction of the claim has been ensured by an agreement on deductions from the wage of the sentenced person or granted by a final judgment of the court;
(f) the damage caused by the injured person's injury and the damage caused by the intentional offence against property in socialist property, provided that the satisfaction of the claim has been ensured by an agreement on wage deductions under Paragraph 57 of the Civil Code, or, where applicable, by the wage of the convicted person, or by a final judgment of the court;
(g) to pay overpayments on sickness insurance benefits where the sentenced is obliged to return them on the basis of an enforceable decision under the sickness insurance rules; and
(h) the amounts of social security benefits wrongly received where the sentenced person is obliged to return them on the basis of an enforceable decision under the social security rules.
(2) Deductions for claims referred to in paragraph 1 shall be made in the order indicated therein. The ranking of several claims referred to in points (e) and (f) shall be determined on the date on which the relevant withholding agreement or final judgment of the court has been served on the Institute.
Pocket
(1) On the basis of the remuneration, the sentenced person shall have the allowance set out in the Annex; If the salary of the sentenced 400 CZK per month is not reached, the allowance shall be 30 CZK (§ 3 (2)).
(2) Of the free-time employment pay for an organisation other than that for which it is assigned to work (Section 3 (4)), the sentenced allowance is 30%.
(3) The Pocket is usually used for the purchase of personal items and the sentenced can freely dispose of them.
(4) At the request of the defendant, the allowance or part thereof shall be transferred to storage (Section 6).
(5) An advance payment may be granted to the defendant for an allowance of up to 100 CZK, if he can be expected to be offset from his salary within three months.
Storage
(1) On the basis of the remuneration, the sentenced person shall be liable for the storage of the amount set out in the Annex.
(2) Of the free-time work remuneration for an organisation other than that for which it is assigned to work (Section 3 (4)), the sentenced person shall be entitled to a charge of 20%.
(3) In addition, the outstanding balance of the amount set out in the Annex for further reductions (Section 4) and, where applicable, the amount transferred from the allowance (Section 5 (4)) shall be added to the deposit.
(4) For the part of the deposit in excess of the expected amount due to the sentenced person on his release from prison (paragraph 5), the sentenced person may make contributions to his spouse (spouse), children, parents (grandparents), siblings, cooperative (companion) and fulfil his obligations, provided that that part is not subject to deductions under § 8 and 8a.
(5) Convicted persons for whom the term of sentence:
(a) no more than two years and the amount of their deposit was not equal to 1000 CZK, a sum of 1000 CZK shall be paid on release from prison,
(b) in excess of two years, but not exceeding three years, and the amount of their deposit has not reached 1500 CZK, the amount of 1500 CZK shall be paid on release from prison,
(c) in excess of three years and the amount of their deposit has not reached the amount of 2000 CZK, the amount of 2000 CZK shall be paid on release from prison,
the contribution which makes up the difference between the amount of the deposit and the amount of the said amounts shall be paid out of the resources of the Institute.
(6) For the benefit of the allowance (paragraph 5), allowance and storage shall be charged to the sentenced person from whom the allowance shall be deducted after the sentenced person has been released, up to the amount of the allowance granted.
Derogations for juvenile offenders
(1) In the case of juvenile offenders, (2) who have not exceeded the eighteenth year of their age in the performance of the sentence and who are assigned to work as apprentices in the preparatory period, a monthly allowance (3) shall not be reduced; the monthly remuneration shall be divided into an allowance of one quarter, but not less than 30 CZK per month, and a deposit of the remainder of the monthly remuneration.
(2) In the case of young people who, following the completion of the eighteenth year of their age, continue to be sentenced in a juvenile institution, and in the case of young persons (paragraph 1) who are not assigned to work as apprentices in the preparatory period, reductions shall be made in respect of those sentenced to the first rehabilitation group.
(3
Deductions made on the basis of the enforcement of decisions and withholding agreements on wages and other income
(1) Where the enforcement of a decision is ordered by withholding from the salary of a person sentenced to the maintenance of dependent children, it shall be brought to the satisfaction of the normal maintenance amount equivalent to the deductions referred to in § 2. Current maintenance, if not satisfied by these deductions, and maintenance arrears shall be satisfied by an amount of storage exceeding 600 CZK.
(2) Where the execution of a decision is subject to deductions from the remuneration of a person sentenced to a claim other than that referred to in paragraph 1, that claim shall be met only on an amount of the deposit exceeding 600 Kčs in such a way as to satisfy the claim of the normal maintenance spouse, the claim corresponding to the normal maintenance allowance of the divorced spouse, the claim of ordinary maintenance uninsured children, provided that such normal maintenance has been set at an amount higher than that set out in the Annex, the claim on non-paid maintenance children of the sentenced and finally other claims. Paragraph 280 (3) of the Civil Code shall apply to the ranking of other claims.
(3) Where enforcement of the decision is ordered for one of the claims listed in Paragraph 4 (1), reductions may be made for the same claim simultaneously in accordance with § 4 and § 8 (2); reductions in accordance with § 4 shall be considered as reductions made in the enforcement of the decision.
(1) If a claim against the sentenced person is satisfied by an agreement on wage and other income deductions, 6) reductions shall be made on the amount of the deposit in excess of 600 CZK, together with other claims for which enforcement is required (Section 8 (2), second sentence). The order of rainfall shall be governed by the date on which the agreement of the Institute was delivered or, where appropriate, by the date of conclusion of the agreement, if it is an agreement between the Constitution and the sentenced.
(2) If one of the claims listed in Section 4 (1) is secured by agreement, the provisions of Section 8 (3) shall apply mutatis mutandis.
Reimbursement of the costs of enforcement
(1) The daily rate of the cost of execution of the binding is set at 30 CZK.
(2) Reimbursement of the costs of the execution of the binding is not required
(a) for a period exceeding 90 calendar days;
(b) for the period during which constitutional (hospital) care has been provided to the person to whom the detention is carried out (the accused);
(c) the defendant who, at the time of the exercise of his duties, is a beneficiary of pension benefits or is over 60 years of age;
(d) the accused minor; or
(e) for the period during which the accused has been put to work.
(1) The decision on the amount of the costs of the execution of the custody shall be taken by the Chief of the Institute on the basis of a final decision of the court which has imposed an obligation on the sentenced person to pay the costs associated with the execution of the detention.
(2) An appeal against the decision referred to in paragraph 1 shall be decided by the Ministry of Justice of the Czech Socialist Republic - the administration of the Correctional Education Corps.
(3) The waiver of payment of the costs of the execution of the detention or, where applicable, the waiver or authorisation of payments and the extension of time limits for payment of the payments authorised shall be governed by the provisions governing the management of national property. 4) Recovery of the costs of execution may also be waived on a permanent basis if this requires an interest in rectification or rectification of the sentenced person or if the person has died or was expelled or extradited. Interest on late payments is not required.
Reimbursement of the costs of execution
The daily rate of the cost of the execution of the sentence for the period during which the sentenced by his fault caused that those costs could not be met by deductions from his remuneration (Paragraph 65 of the First Law) shall be set at 50 CZK.
(1) The decision on the obligation to pay the costs referred to in Article 11 and their amount shall be taken by the Chief of the Institute.
(2) An appeal against the decision referred to in paragraph 1 shall be decided by the Ministry of Justice of the Czech Socialist Republic - the administration of the Correctional Education Corps.
(3) Paragraph 10 (3) shall also apply mutatis mutandis to the costs referred to in Article 11.
Labour remuneration of the defendant and enforcement of decisions by collisions
In the case of accused persons who have been assigned to work for the duration of the detention, reductions shall be made in respect of those who have been assigned to the first group.
The provisions on the enforcement of decisions by means of deductions from the remuneration of the defendant shall apply mutatis mutandis to the performance of decisions by means of deductions from the remuneration of the defendant.
Enforcement of decisions by withholding from the remuneration of inmates of special educational establishments
In the course of the execution of the decision by deduction from the remuneration of the inmate of the special educational establishment, the amount to be paid for the partial reimbursement of the costs of his own income shall be deducted from the remuneration of the prisoner of the special educational establishment (5) and the remainder shall be rounded down to an amount divisible by three, expressed in whole crowns. Only one third of this amount may be deducted to satisfy the recovery claim. However, for the preferential claims referred to in Section 279 (3) of the Civil Code, a second third may be brought down if one third is insufficient to satisfy or cannot be satisfied from the first third because they are in worse order than other claims. If it also comes from the second third, it shall satisfy itself, irrespective of the order of the maintenance claim and the other priority claims in accordance with its order. Third period doesn't collide. Otherwise, the general provisions of the Civil Code on the enforcement of the decision shall be applied to the execution of the decision by deductions from the remuneration of the inmate of the special educational establishment.
Common, transitional and final provisions
Common provisions
Deductions from the salary of the sentenced person shall be made during the calendar month, even if the sentenced person has been assigned to work in several workplaces during that period or has been transferred to another institution.
(1) If the person against whom the decision is ordered to be enforced by means of salary reductions takes the sentence of imprisonment or is brought into custody, the provisions of paragraphs 293 to 295 of the Civil Code shall be treated as a change in the salary of the payer, and the wage payable shall be deemed to be the wage of the sentenced person, provided that he is able to satisfy the recovery claim under this decree.
(2) If the sentenced or accused has been transferred to another institution, the Institute shall continue to execute the decision by withholding from its remuneration. This change does not affect the order of recovery.
(3) The transfer of a sentenced person to another institution shall not be regarded as a change in the salary of the payer. 7)
(4) Paragraphs 1 and 2 shall apply mutatis mutandis in cases where the person referred to in Article 15 has been transferred to another special educational establishment.
(5) Otherwise, the general provisions on the enforcement of the decision shall apply to the execution of decisions by deductions from the salary of the sentenced person and to the enforcement of decisions by deductions from the remuneration of inmates of special educational establishments.
Transitional provisions
(1) Deductions from the remuneration for the month of March 1977 shall be made in accordance with the provisions of this Order.
(2) In the case of those who, at the time of the entry into force of this Order, are subject to reductions on the basis of the enforcement of decisions ordered to obtain maintenance dependent children, and normal maintenance cannot be met at the full amount of the deductions provided for in Article 8, the difference shall be paid before 31 December 1978 at the expense of the amounts due for storage (Article 6 (1) and (2), further reductions (§ 4), or the cost of execution (§ 3).
(3) Paragraph 10 (3) and Article 12 (3) shall also apply to the reimbursement of the costs of the execution of the sentence and the costs of the execution of the sentence referred to in the first sentence of Article 65 of the First Act, which was definitively decided before the date of application of this decree.
Final provisions
They shall be deleted:
1. Decree No. 100 / 1963 Coll., on the enforcement of decisions by withholding from the remuneration of persons in jail or in custody and of inmates in youth homes,
2. the Directive on the remuneration of sentenced persons and the Directive on the reimbursement of the costs of the execution of the detention and the execution of the sentence of imprisonment, issued by order of the Minister of the Interior No 19 of 15 July 1967 and registered in the amount of 32 Collection of Acts of 1967.
This decree shall take effect on 1 April 1977.
Minister:
Dr German v. r.
1) Decree No. 61 / 1970 Coll., determining the flat-rate amount of the costs of criminal proceedings.
2) Paragraph 74 (1) of the Criminal Act.
3) Sections 1 and 2 of Decree No. 61 / 1969 Coll., on financial and material security of apprentices.
4) Sections 18 to 24 of Decree No. 156 / 1975 Coll., on the Administration of National Property.
5) Sections 2 and 4 of Decree No. 124 / 1967 Coll., on the partial reimbursement of care costs provided in certain youth establishments.
6) Paragraph 57 of the Civil Code. Section 246 of the Labour Code.
7) § 293 - 296 of the Civil Code.
Annex
Table for the implementation of the deduction from the remuneration of the convicted I, II and III of the maintenance and non-maintenance groups
| Pracovní | S vyživovací povinností | Bez vyživ. povin. | Kapesné pro NVS | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| odměna | Výživné pro | Další srážky | Úložné | Další srážky | Úložné | ||||||
| od Kčs | 1 dítě | 2 děti | 3 děti | 4 a více dětí | I. | II. | III. | ||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| 400 | 148 | 164 | 164 | 196 | 24 | 12 | 40 | 24 | 40 | 36 | 32 |
| 500 | 180 | 205 | 210 | 245 | 30 | 15 | 50 | 30 | 50 | 45 | 40 |
| 600 | 210 | 246 | 258 | 294 | 36 | 18 | 60 | 36 | 60 | 54 | 48 |
| 700 | 238 | 287 | 308 | 343 | 42 | 21 | 70 | 42 | 70 | 63 | 56 |
| 800 | 264 | 328 | 360 | 392 | 48 | 24 | 80 | 48 | 80 | 72 | 64 |
| 900 | 288 | 369 | 414 | 441 | 54 | 27 | 90 | 54 | 90 | 81 | 72 |
| 1000 | 310 | 410 | 470 | 490 | 60 | 30 | 100 | 60 | 100 | 90 | 80 |
| 1100 | 330 | 451 | 528 | 539 | 66 | 33 | 110 | 66 | 110 | 99 | 88 |
| 1200 | 348 | 492 | 564 | 588 | 72 | 36 | 120 | 72 | 120 | 108 | 96 |
| 1300 | 364 | 533 | 598 | 637 | 78 | 39 | 130 | 78 | 130 | 117 | 104 |
| 1400 | 378 | 560 | 630 | 686 | 84 | 42 | 140 | 84 | 140 | 126 | 112 |
| 1500 | 390 | 585 | 660 | 720 | 90 | 45 | 150 | 90 | 150 | 135 | 120 |
| 1600 | 400 | 608 | 688 | 752 | 96 | 48 | 160 | 96 | 160 | 144 | 128 |
| 1700 | 410 | 629 | 714 | 782 | 102 | 51 | 170 | 102 | 170 | 153 | 136 |
| 1800 | 420 | 648 | 738 | 810 | 108 | 54 | 180 | 108 | 180 | 162 | 144 |
| 1900 | 430 | 665 | 760 | 836 | 114 | 57 | 190 | 114 | 190 | 171 | 152 |
| 2000 | 440 | 680 | 780 | 860 | 120 | 60 | 200 | 120 | 200 | 180 | 160 |
| 2100 | 450 | 693 | 798 | 882 | 126 | 63 | 210 | 126 | 210 | 189 | 168 |
| 2200 | 460 | 704 | 814 | 924 | 132 | 66 | 220 | 132 | 220 | 198 | 176 |
| 2300 | 470 | 713 | 828 | 966 | 138 | 69 | 230 | 138 | 230 | 207 | 184 |
| 2400 | 480 | 720 | 864 | 1008 | 144 | 72 | 240 | 144 | 240 | 216 | 192 |
| 2500 | 490 | 725 | 900 | 1050 | 150 | 75 | 250 | 150 | 250 | 225 | 200 |
| 2600 | 500 | 754 | 936 | 1092 | 156 | 78 | 260 | 156 | 260 | 234 | 208 |
| 2700 | 510 | 783 | 972 | 1134 | 162 | 81 | 270 | 162 | 270 | 243 | 216 |
| 2800 | 520 | 812 | 1008 | 1176 | 168 | 84 | 280 | 168 | 280 | 252 | 224 |
| 2900 | 530 | 841 | 1044 | 1218 | 174 | 87 | 290 | 174 | 290 | 261 | 232 |
| 3000 | 540 | 870 | 1080 | 1260 | 180 | 90 | 300 | 180 | 300 | 270 | 240 |
| 3100 | 550 | 899 | 1116 | 1302 | 186 | 110 | 310 | 230 | 310 | 279 | 248 |
| 3200 | 560 | 928 | 1152 | 1344 | 192 | 130 | 320 | 280 | 320 | 288 | 256 |
| 3300 | 570 | 957 | 1188 | 1386 | 198 | 150 | 330 | 330 | 330 | 297 | 264 |
| 3400 | 580 | 986 | 1224 | 1428 | 204 | 170 | 340 | 380 | 340 | 306 | 272 |
| 3500 | 590 | 1015 | 1260 | 1470 | 210 | 190 | 350 | 430 | 350 | 315 | 280 |
| 3600 | 600 | 1044 | 1296 | 1512 | 216 | 210 | 360 | 480 | 360 | 324 | 288 |
| 3700 | 610 | 1073 | 1332 | 1554 | 222 | 230 | 370 | 530 | 370 | 333 | 296 |
| 3800 | 620 | 1102 | 1368 | 1596 | 228 | 250 | 380 | 580 | 380 | 342 | 304 |
| 3900 | 630 | 1131 | 1404 | 1638 | 234 | 270 | 390 | 630 | 390 | 351 | 312 |
| 4000 | 640 | 1160 | 1440 | 1680 | 240 | 290 | 400 | 680 | 400 | 360 | 320 |
| 4100 | 640 | 1160 | 1440 | 1680 | 6% | 290 + 64% z částky nad 4000 | 10% | 680 + 48% z částky nad 4000 | 10% | 9% | 8% |
Note: Deductions on the cost of the sentence are the remainder of the remuneration.
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Regulation Information
| Citation | Decree of the Ministry of Justice of the Czech Socialist Republic No. 1 / 1977 Coll., on deductions from the remuneration of persons in prison or in custody and on the enforcement of decisions by deductions from the remuneration of such persons and inmates of special educational establishments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.01.1977 |
|---|---|
| Effective from | 01.04.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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