Decree of the Ministry of Justice No. 100 / 1963 Coll.
Decree of the Ministry of Justice on the enforcement of decisions by withholding from the remuneration of persons in prison or in custody and of inmates in youth homes
Valid
Effective from 01.04.1964
100
DECLARATION
Ministry of Justice
of 12 December 1963
on the enforcement of decisions by withholding from the remuneration of persons in prison or in custody and of inmates in youth homes
The Ministry of Justice shall determine in accordance with Section 373 of the Civil Code:
(1) In the course of the execution of a decision by withholding from the remuneration of persons in prison or in custody, the amount of 100 Ccs which may not be deducted in the course of the execution of the decision shall be deducted from each minor child liable to maintenance. The remaining amount of the remuneration shall be deducted from the normal maintenance of minor children for the month in question for which enforcement is required and the rest of the remuneration shall be deducted from the costs of the execution of the custodial sentence and, where appropriate, from the costs of the detention.
(2) The amount of 100 Cds per minor child shall not be deducted in accordance with the first sentence of paragraph 1 if enforcement is ordered to satisfy the maintenance claim for that child.
The part of the remuneration remaining after deduction of the amounts referred to in § 1, where applicable, shall be rounded down to the amount divisible by three expressed in whole crowns. Only one third of this amount may be deducted from this amount to satisfy the creditor's 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, if it has not been satisfied in accordance with Paragraph 1 and only the other preferential claims in accordance with its order. Third period doesn't collide.
Remuneration for inventions and improvements shall not be subject to deductions from remuneration under the provisions of this Order, but may be affected by the execution of decisions by ordering a cash claim under the provisions of the Civil Code.
(1) Where a person on whom a custodial sentence is served or who is in custody has been placed in another detention centre, that service shall continue to execute the decision by withholding the remuneration. For the ranking of claims, the date on which the enforcement order was delivered to the first unit of the corrective establishment is the relevant date.
(2) Where the person against whom enforcement has been ordered is subject to a custodial sentence or is brought into custody, the provisions of the Civil Code shall be treated as a change in the salary of the payer, and the wage of the debtor shall be considered to be the remuneration of the worker, provided that he is subject to deductions under this Order.
Otherwise, Article 276 et seq.
Only maintenance claims may be satisfied from the part of the storage charge which it is obliged to have in the management of corrective facilities, exceeding 200 Kcs; of an amount exceeding 600 CZK, any claims may be met, in both cases only by ordering a cash claim.
The provisions of paragraphs 1 to 6 shall also apply to interim measures where appropriate.
In the case of juvenile prisoners on whom a custodial sentence is imposed, and in the case of juvenile inmates, the amount remaining from the remuneration after deduction of the cost of the sentence or the medical fee shall be rounded down to the amount divisible by three, expressed in whole crowns. The following procedure shall be followed in accordance with the provisions of Section 2. Paragraph 1 shall not apply here.
This Decree shall take effect on 1 April 1964.
Minister:
Dr Neuman v. r.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 100 / 1963 Coll., on the enforcement of decisions by withholding from the remuneration of persons in prison or in custody and of inmates in youth homes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.12.1963 |
|---|---|
| Effective from | 01.04.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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