Decree of the Ministry of Justice No. 10 / 2000 Coll.
Ordinance of the Ministry of Justice on deductions from the remuneration of persons who are employed in the execution of prison sentences, on the enforcement of decisions by deductions from the remuneration of such persons and of inmates of special educational establishments and on the payment of additional costs
Valid
Effective from 28.01.2000
10
DECLARATION
Ministry of Justice
of 20 January 2000
on deductions from the remuneration of persons who are employed in the exercise of their prison sentence, on the enforcement of decisions by deductions from the remuneration of such persons and of inmates of special educational establishments and on the payment of additional costs
According to Article 33 (2) and (5) of Act No. 169 / 1999 Coll., on the execution of a custodial sentence and on the amendment of certain related laws (hereinafter referred to as "the Act '), § 152 (2) of Act No. 141 / 1961 Coll., on criminal proceedings, as amended, and § 373 of Act No. 99 / 1963 Coll., Civil Code, as amended:
REWARD REVENUE
Types of precipitation
(1) The remuneration payable to a convicted person under special legislation1) shall be deducted and paid by detention or prison ("prisons") of social security contributions and contributions to national employment policy, public health insurance premiums and an advance on personal income tax. 2) The part of the remuneration remaining after these deductions is hereinafter referred to as net remuneration.
(2) In respect of the sentence's net remuneration, the prison will make deductions
(a) the payment of child support to which the sentenced is obliged to provide nutrition, including the allowance for the cost of childcare in constitutional, protective or childcare facilities requiring immediate assistance, in which the child is placed on the basis of a judgment of the court or of a request from the municipal authority of the municipality with extended scope (hereinafter referred to as "maintenance of uninsured children"),
(b) to cover the costs of the execution of the sentence and the costs of the execution of the sentence preceding it;
(c) on the basis of the ordered enforcement of a judgment by a court or a public authority;
(d) to pay other claims against the sentenced under this Order.
(3) The sum of the deductions referred to in paragraph 2 may not exceed 72% of the defendant's net remuneration. The rest of the net reward will be allocated to the prison in accordance with this decree.
Reductions for maintenance of dependent children
(1) 33% of the net remuneration shall be used for deductions for maintenance dependent children, unless otherwise specified.
(2) Reductions for maintenance shall be made:
(a) on the basis of a judgment of the Court ordering the enforcement of a judgment by withholding from wages (the remuneration of the sentenced), at the level laid down by that decision (hereinafter referred to as "maintenance fees ordered"),
(b) by a final decision of the court imposing an obligation on the defendant to pay maintenance or a court-approved maintenance agreement (3) and a written request by the defendant for the implementation of the reduction, up to the amount specified by such a decision or agreement;
(c) at the request of an establishment in which the child is placed in a constitutional or protective capacity, or of an establishment for children requiring immediate assistance, in which the child is placed on the basis of a decision of the court or of a request from the municipal authority of the municipality with extended competence, up to the amount required by that establishment;
(d) at the request of the sentenced or, if the sentenced has given his written consent, at the request of the person receiving the maintenance.
(3) Where deductions are made only for the payment of the maintenance ordered, each child shall be reduced by the amount of the maintenance prescribed by the court and, if the sum of such deductions exceeds the total amount determined in accordance with paragraph 1, the proportional amount shall be withheld on each child in relation to the amount of maintenance determined. In other cases, the same amount shall be deducted from the total amount referred to in paragraph 1 from each child not provided; The same procedure shall apply where deductions are made at the same time to cover the maintenance ordered.
(4) Where the enforcement of a decision is carried out by maintenance of dependent children higher than the deduction provided for in paragraph 3, the outstanding difference shall be considered as a claim for which deductions are made pursuant to Paragraph 4 (1).
(5) The amount used for the reductions referred to in paragraph 1 is increased by the amount not used up for the reductions provided for in Sections 3, 4 and 5.
Reductions to cover the costs of execution
(1) Reductions to cover the costs of execution of the sentence carried out by the sentenced shall be subject to 23% of the net remuneration, up to a maximum of CZK 1,500 per calendar month.
(2) The unused amount to cover the costs of the execution of the sentence referred to in paragraph 1 shall be converted into application in stages in accordance with Sections 2, 4 and 5.
Other reductions carried out on the basis of the ordered enforcement of a judgment by a court or administrative authority
(1) Of the net remuneration, 12%, unless otherwise specified, shall be applied to deductions to cover claims arising from:
(a) enforcement of a judgment ordered by a court, 5)
(b) the enforcement of a decision ordered by a public authority, (6) not a reduction to enforcement pursuant to § 5;
(c) the ordered execution of the decision of the warden of the prison imposing an obligation to pay the costs of the execution of the sentence pursuant to § 8, the determination of the amount of the costs of the execution of the sentence pursuant to § 10, the imposition of an obligation to compensate for the execution of the sentence under § 36 of the law, the imposition of an obligation on the defendant to reimburse the costs of the execution of the sentence under § 21a of Act No. 293 / 1993 Coll., the enforcement of the sentence, as amended, (hereinafter referred to as "the Law on the enforcement of the detention of the sentence"), the imposition of the obligation of compensation under § 38 and § 39a of the Act and Article 21b of the law on the enforcement of the custody.
(2) Where the reductions referred to in paragraph 1 (a) are made to cover the preferential claims under a specific law, (7) they shall be made from the amount determined in accordance with paragraph 1 in such a way that the first half of that amount shall be satisfied without account being taken of the order of the maintenance claim first and only after the order of the other preferential claims. If this half is not sufficient to satisfy all maintenance claims, the maintenance of all the entitled and then the earlier maintenance due shall be satisfied first, according to the maintenance ratio. However, if the normal maintenance of all eligible persons has not been so satisfied, the amount determined shall be distributed in proportion to the amount of the maintenance. Priority claims which have not been met by the first half of the amount determined in accordance with paragraph 1 and other claims shall be met by the second half of that amount. Where the first half of the amount determined in accordance with paragraph 1 is not fully used up to cover the preferential claims, the second half shall be increased by its unspent part.
(3) The amount used for the reductions referred to in paragraph 1 shall be increased by the amount not used up for the reductions provided for in Sections 2, 3 and 5.
(4) The unused amount referred to in paragraph 1 shall be converted into use gradually in accordance with Sections 2 and 5.
(5) The order of rainfall in respect of the claims referred to in paragraph 1 shall be governed by the date on which the decision of the competent authority or the agreement was delivered to the prison, or, where appropriate, by the date of conclusion of the agreement, if there is an agreement between the prison and the sentenced. If several claims are in the same order and a collision is not sufficient to satisfy them fully, they shall be satisfied in proportion. The order that the claim was received by the previous payer remains in prison.
Other reductions
(1) 4% of net remuneration, unless otherwise specified, shall be applied to deductions to be paid
(a) the amounts forfeited by the State as a result of the enforceable decision imposing a financial penalty (fine) and the compensation (8) imposed on the sentenced person by the enforceable decision of the competent authorities;
(b) overpayments on sickness and pension benefits where the sentenced is obliged to return them on the basis of an enforceable decision under sickness and pension insurance legislation;
(c) the amounts wrongly received of national social assistance and social welfare benefits, where the sentenced is obliged to return them on the basis of an enforceable decision under a special legislation, 9)
(d) the amount of the general health insurance premiums in the absence of a convicted person who has been paid by the payer for that period;
(e) claims secured by a wage or other income withholding agreement under special legislation, 10)
(f) the amounts, on the basis of a withholding agreement, of the sentenced person's remuneration between the sentenced and the prison; the agreement must be concluded in writing, otherwise it shall be void.
(2) The amount used for the reductions referred to in paragraph 1 shall be increased by the amount not used up for the reductions provided for in Sections 2, 3 and 4.
(3) The unused amount referred to in paragraph 1 shall be converted into use in accordance with Sections 2 and 4.
(4) Paragraph 4 (5) shall apply to the order of rainfall for claims referred to in paragraph 1.
Pocket
(1) 17% of net remuneration shall be applied to the allowance, unless otherwise specified.
(2) If the sentenced person refuses to work without any serious reason during the calendar month, the allowance referred to in paragraph 1 shall not be his own; the allowance incurred is converted into use in accordance with Section 3 (2). In the event of a reduction in the allowance due to the imposition of the disciplinary penalty under § 46 (3) (b) and § 64 (1) (b) of the Act, the amount by which the allowance is reduced shall be converted into application under § 7 (2).
Storage
(1) 11% of the net remuneration shall be used for storage, unless otherwise specified.
(2) The charge shall be increased by the outstanding amounts for deductions provided for in paragraphs 2 to 5, the amount of reduced allowance referred to in the second sentence of Paragraph 6 (2) and any amounts resulting from rounding.
(3) The costs of the execution of the sentence under § 35 of the Act, other costs associated with the execution of the sentence pursuant to § 36 of the Act, the costs of the execution of the custody pursuant to § 10, the costs of the execution of the custody pursuant to § 21a of the Act on the execution of the custody and compensation of damages pursuant to § 38 and § 39a of the Act and Article 21b of the Law on the enforcement of the custody, provided that these claims are not paid by haircuts from the sentence; such payments may be made on an ongoing basis in the execution of the sentence.
(4) Upon fulfilment of the obligation imposed pursuant to paragraph 3, the sentenced person may use a portion of the deposit of more than CZK 35000 to pay maintenance to the persons to whom he is obliged to provide maintenance, to cover the damage or immaterial damage caused by the offence, or to issue unjustified enrichment which he has obtained by the offence, to cover the costs of securing his own residence, to cover the costs of the purchase of the documents necessary for the execution of the sentence, to support his family and other persons close to him and to persons who regularly visit him in the execution of the sentence. The part of the deposit fee, which exceeds 500 CZK, may also be used to cover health care not covered by public health insurance, to cover regulatory fees 10a) and to purchase the necessary medicinal products, food for special medical purposes and medical devices prescribed by the doctor.
(5) If the sentenced person is not sufficient to meet the necessary needs when he is released from the sentence, he may be granted up to CZK 2,000. The decision to grant that contribution shall also take into account whether such funds are not held by the sentenced person in the prison account, the bank account, or by any other means, such as the relative or representative office of the State of which he is a national citizen.
(6) The cost of sending the money from the storage charge shall be borne by the storage account, unless the sentenced has otherwise paid it.
REIMBURSEMENT OF THE PERFORMANCE COSTS OF THE PRESENT FROM OTHER REVENUE AND MONEY WHICH HAVE BEEN CONSIDERED IN PRISON
Reimbursement of costs of execution in other cases
(1) A deduction of 40% of the pension or service allowance shall be applied to the costs of the execution of the sentence.
(2) From the money sent to the sentenced person and transferred to his prison-led account, the payment of the penalty costs shall be calculated at the rate of 40% of the sum of all amounts received for the previous month. The payment of the cost of the penalty from this money is not required if it does not reach CZK 100 per calendar month. Paragraph 1 shall be without prejudice to that provision.
(3) A convicted person who has refused to work or has not entered work for no reason shall be charged for the cost of the sentence of CZK 50 per day.
(4) The amount of payment of the costs of execution shall be determined on the basis of the net remuneration and other sources of income referred to in paragraphs 1 and 2. The amount thus determined may not exceed CZK 1,500 per calendar month, including the payment of the costs of the execution of the sentence provided for in paragraph 3.
(5) Deductions for the payment of the costs of execution shall not be made on the basis of an amount which has been sentenced to:
(a) credited to the account as remuneration under Law 11a;
(b) sent to his account in prison solely for the purpose of paying his claims administered by the Prison Service, in particular for regulatory fees 10a), the purchase of essential medicinal products, special medical food and medical devices prescribed by the doctor, the reimbursement of healthcare not covered by public health insurance, and used exclusively for such purposes; or
(c) imposed on his or her account in a prison, in respect of child support, allowance for the cost of pregnancy and childbirth, child allowance, maternity allowance, parental allowance, orphan's pension belonging to a child or other money specifically intended to meet the needs of a child, sent to a pregnant woman or to a mother with a child in the course of the sentence.
(1) The decision on the obligation to pay the costs of the execution of the sentence pursuant to Article 8 shall be taken by the warden of the prison.
(2) The decision referred to in paragraph 1 may be appealed against by the sentenced person within 3 days of service to the director of the prison which issued the decision; the complaint may be directed only against the calculated amount of the costs of execution and shall not have suspensory effect. The Director-General of the Prison Service or his authorised staff shall decide on the complaint within 60 days of its receipt.
REIMBURSEMENT OF THE COSTS OF THE BUSINESS PERFORMANCE
(1) The daily rate of execution costs is CZK 45 for each calendar day of the relevant calendar month.
(2) Reimbursement of the costs of the exercise of custody is not required for the period during which the person in the exercise of custody is provided with constitutional (hospital) care, provided that the person is insured under a special legislation. 4)
(1) The decision on the amount of the costs of the execution of the detention shall be taken by the warden of the prison, on the basis of a final decision by the court which has imposed an obligation on the sentenced person to pay the costs of the execution of the detention. 12)
(2) The decision referred to in paragraph 1 may be complained against by the sentenced person within 3 days of service to the director of the prison which issued the decision. A sentenced person who has been ordered to pay the costs relating to the exercise of custody only after his release from prison or custody may lodge a complaint within 5 days of the date on which the decision referred to in paragraph 1 was delivered to him. The complaint may only be directed against the calculated amount of the cost of execution of the binding and shall not have suspensory effect. The Director-General of the Prison Service or his authorised staff shall decide on the complaint within 60 days of its receipt.
PERFORMANCE OF DECISIONS BY REPRESENTATIVES FOR THE WORK OF MOVEMENT DEVICES
In the course of the execution of the decision by deduction from the remuneration of the prisoner of the special educational establishment, the amount to be paid for the partial reimbursement of the costs shall be deducted from the remuneration of the prisoner of the special educational establishment 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 preferential claims under the special legislation7), a second third may be brought down if one third is not sufficient to satisfy them or if they 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 Special Law 5) on the enforcement of the decision shall be applied to the execution of the decision by deductions from the remuneration of the worker of the special educational establishment.
COMMON, TRANSITIONAL AND FINAL PROVISIONS
(1) Deductions from the remuneration of a sentenced person are made during the calendar month period, even if the sentenced person has been assigned to work in several workplaces or has been transferred to another prison during that period. The amount of precipitation shall be rounded down to the whole crown.
(2) Deductions for maintenance of dependent children are to be sent to the account of the bank indicated by the maintenance beneficiary, at the request of the maintenance recipient, or by postal order to the maintenance recipients. The beneficiary of the maintenance shall indicate in the application for a reduction to be paid for the maintenance, which of these methods shall be paid to him.
(1) If the person against whom the decision is ordered to be enforced by salary reductions takes enforcement of the sentence, it shall be treated in accordance with the provisions of a special law as in the case of a change in the salary payer, 13) 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 person has been transferred to another prison, the prison shall continue to execute the decision by withholding its remuneration; This change does not affect the order of recovery.
(3) The transfer of a sentenced person to another prison shall not be regarded as a change in the payer of the sentenced person's remuneration.
The procedure laid down in this Decree shall be applied mutatis mutandis under Section 76 of the Law.
According to this decree,
(a) in the event of any deduction from the remuneration and other income of the convicted persons imposed by an enforceable decision before the date of application of this Order;
(b) where the obligation to pay such costs was established before the date of application of this decree, when prescribing the payment of the costs of the execution of the sentences of those who are not included in the work and the costs of the execution of the detention.
Decree No 154 / 1997 Coll., on deductions from the remuneration of persons in employment and on the enforcement of decisions by deductions from the remuneration of those persons and of the inmates of special educational establishments, is hereby repealed.
Deductions from the sentenced's remuneration and the allowances for pocket and storage under this Order shall be made from the first day of the calendar month following its publication.
This decree shall take effect on the day of its publication.
Minister:
JUDr. Motél v. r.
1) Paragraph 33 (1) of Act No. 169 / 1999 Coll., on the execution of a prison sentence and on the amendment of certain related laws. Government Decree No. 365 / 1999 Coll., on the amount and conditions of remuneration of sentenced persons in employment in the execution of prison sentences, as amended by Government Decree No. 414 / 2000 Coll.
2) Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by Act No. 10 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 241 / 1994 Coll., Act No. 59 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 149 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 113 / 1997 Coll., Act No. 134 / 1997 Coll., Act No. 220 / 2000 Coll., Act No. 238 / 2000 Coll., Act No. 18 / 2000 Coll. Act No. 592 / 1992 Coll., on Insurance against General Health Insurance, as amended by Act No. 10 / 1993 Coll., Act No. 15 / 1993 Coll., Act No. 161 / 1993 Coll., Act No. 324 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 241 / 1994 Coll., Act No. 59 / 1995 Coll., Act No. 149 / 1996 Coll., Act No. 48 / 1997 Coll., Act No. 127 / 1998 Coll., Act No. 29 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 258 / 2000 Coll. Act No. 2000 / 2000 Coll., Act No. 1 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 1 / 2000 Coll., Act No. 1 / 2000 Coll., Act No. 1 / 2000 Coll., Act No. 2 / 93 Coll., Act No. 2 / 1999 Coll., Act No. 2 / 1999 Coll., Act No. 2 / 1999 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 1993 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 1993 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 1993 Coll., Act No. 2 / 2000 Coll., Act No. 2 / 2000 Coll., Act No. 2., Act No. 2 / 2000 Coll.
3) § 86 of Act No. 94 / 1963 Coll., on the Family, as amended by Act No. 132 / 1982 Coll., Act No. 234 / 1992 Coll., the finding of the Constitutional Court of the Czech Republic No. 72 / 1995 Coll., Act No. 91 / 1998 Coll., Act No. 360 / 1999 Coll. and Act No. 301 / 2000 Coll.
4) Act No. 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain related laws, as amended by Act No. 242 / 1997 Coll., Act No. 2 / 1998 Coll., Act No. 127 / 1998 Coll., Act No. 225 / 1999 Coll., Act No. 363 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 167 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 220 / 2000 Coll. and Act No. 258 / 2000 Coll.
5) § 251 et seq.
6) § 71 et seq. of Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulation).
7) Paragraph 279 (2) of the Civil Code.
8) For example, § 156 of the Penal Code.
9) Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll., Act No. 132 / 1997 Coll., Act No. 242 / 1997 Coll. and Act No. 91 / 1998 Coll. Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 110 / 1990 Coll., Act No. 180 / 1990 Coll., Act No. 1 / 1991 Coll., Act No. 46 / 1991 Coll., Act No. 306 / 1991 Coll., Act No. 482 / 1991 Coll., Act No. 578 / 1991 Coll., Act No. 582 / 1991 Coll., Act No. 235 / 1992 Coll., Act No. 133 / 1998 Coll., Act No. 155 / 1998 Coll., Act No. 182 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 155 / 1995 Coll., Act No. 266 / 1993 Coll., Act No. 266 / 1993 Coll.
10) Article 246 of the Labour Code.
10a) Act No. 48 / 1997 Coll., on public health insurance and amending and supplementing certain related laws, as amended.
11a) Sections 45 and 63 of Act No. 169 / 1999 Coll.
12) § 155 of the Code of Criminal Procedure.
13) Article 293 et seq. of the Civil Code.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 10 / 2000 Coll., on deductions from the remuneration of persons who are employed in the execution of the sentence of imprisonment, on the enforcement of decisions by deductions from the remuneration of such persons and inmates of special educational establishments and on the payment of other costs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.01.2000 |
|---|---|
| Effective from | 28.01.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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