Is Decree of the Ministry of Justice No. 109 / 1994 Coll. still valid?

Yes, Decree of the Ministry of Justice No. 109 / 1994 Coll. is still valid and effective.

How many times was it Decree of the Ministry of Justice No. 109 / 1994 Coll. amended?

Decree of the Ministry of Justice No. 109 / 1994 Coll. has 11 time versions of the text.

Decree of the Ministry of Justice No. 109 / 1994 Coll. - Decree of the Ministry of Justice issuin...

Q: When it became Decree of the Ministry of Justice No. 109 / 1994 Coll. effectiveness?

Decree of the Ministry of Justice No. 109 / 1994 Coll. became effective 03.06.1994.

109

DECLARATION

Ministry of Justice

of 21 April 1994

laying down the rules for the exercise of the custody

The Ministry of Justice provides, pursuant to Section 31 of Act No. 293 / 1993 Coll., on the Enforcement of Bonds ("the Act '):

ČÁST PRVNÍ

GENERAL PART

HLAVA PRVNÍ

BASIC PROVISIONS

§ 1

(1) Where this decree regulates the scope and tasks of a member of the prison service of the Czech Republic (hereinafter referred to as "the prison service"), it also means a member of the prison service, unless the individual provisions provide otherwise.

(2) For the purposes of this decree, the authorised person carrying out the spiritual activity (hereinafter referred to as "the authorised person ') shall mean a qualified clergyman who is responsible for the conduct of that activity by the management of the relevant church or religious society and has given his consent to his work in the prison after written expression of the prison spiritual service.

§ 2

(1) For the purposes of this decree, unless otherwise specified, a social worker of the Prison Service or a social curator of the municipal authorities with extended competence or a social prevention centre entrusted with the head of the competent authority or centre with the provision of social services to the accused shall be understood to be the social worker of the Prison Service or the social curator of the municipal authorities with extended competence or the social prevention centre, who is responsible for the management of the competent authority or centre for the provision of social services to the accused and whose authority the director has given his consent.

(2) The competent law enforcement authority shall mean in the preparatory proceedings from the start of the prosecution of the defendant until the prosecution is brought by the prosecutor and the police authority which is in charge of the proceedings under which the defendant has been brought into custody and in the proceedings before the President of the Chamber or the Judge of the Court who decides on the prosecution. If this decree refers to the defendant, the defendant shall also be understood as guilty.

§ 3

(1) The method of implementing the rights and obligations of individual detention prisons or special detention units ("prisons") shall be laid down by the warden in accordance with the law and this decree in the internal rules of the prison ("internal rules") governing the running of the prison and the activities of the accused.

(2) The internal rules shall lay down the details of the rights and obligations of the accused, the daily order of the prison, in particular the timetable for preventive education, education, interest and sports programmes, the basis for the exercise, the purchase, the lending of books and social games, the provision of diagnostic and therapeutic care and the satisfaction of other claims of the accused so that the internal rules provide the accused with a comprehensive overview of the way in which these rights are secured and their obligations. The internal rules also provide for differences in the performance of the custody of special groups accused in accordance with the law and this decree.

(3) The internal order shall be displayed in individual cells or in other indicted commonly accessible premises.

§ 4

Where an examination of the mental state of the accused has been ordered in custody by an authority referred to in Section 116 (2) of the Criminal Code, it shall be carried out in a specialised section of the prison. If the examination cannot be carried out in a prison, it shall be carried out in a medical facility outside the prison. The security of the accused in such a case is provided by the administration of the nearest prison.

§ 4a

Treatment of accused persons

(1) In order to limit the negative effects of the isolation of the defendant by taking him into custody and in accordance with the purpose of the detention, he creates suitable conditions for preventive education, education, interest and sport programmes. In order to do so, it shall take appropriate measures, in particular in the field of personnel, material and organisational, in cooperation with the relevant national authorities and institutions, churches and religious societies and interest associations of citizens.

(2) The prison shall offer the defendant participation in at least one preventive education, education, pets and sports programme.

(3) Paragraph 7 of the Act shall apply mutatis mutandis when implementing preventive educational, educational, interest and sports programmes. The joint participation of men and women, as well as the accused, for whom there is a concern that they will thwart clarification of the facts relevant to criminal prosecutions (1a), is not admissible with other defendants.

HLAVA DRUHÁ

ACCEPTANCE AND EMPLOYMENT

§ 5

(1) The written order for admission to custody of the defendant must contain the information necessary to decide on the location of the defendant (in particular, the grounds for detention must be apparent, at least by citing the relevant part of the provisions of Section 67 or of Section 350c of the Code of Criminal Procedure or the relevant provisions of the Law on International Judicial Cooperation in Criminal Matters and, where appropriate, the resulting measures to check correspondence, the system of visits), the natural number and citizenship of the defendant, the name, surname and date of birth of the accused against whom joint criminal proceedings are brought or the criminal matters are related, including the indication of the grounds of detention. The order issued in the preparatory procedure shall also specify the prosecutors and the police authority acting in the preparatory procedure and the file signs under which the case is kept with those authorities. In the event that such data are not included in the order, the prison shall request them without delay to the competent court.

(2) The decision to take the defendant into custody and the written order for admission must bear the signature of the Judge and the stamp of the court which issued the decision being drawn up. Where one of these documents is sent by fax, its authenticity and accuracy shall always be verified retrospectively and the verification shall be indicated on that document.

§ 6

(1) When entering the prison, the identity of the defendant must be verified in order to avoid any confusion with another person with regard to all available documents. If the defendant has no personal document in his possession, the administration of the prison will request the authority of the Police of the Czech Republic (hereinafter referred to as the "Police Authority"), which has brought him to the prison to immediately establish his identity and communicate the result to the prison administration.

(2) If the identity of the defendant is indicated on the documents by the competent authorities of the court or police authority, the defendant may be admitted to the prison without identification documents.

§ 7

(1) Upon admission to prison, the defendant shall be subject to a personal search and an examination of the items in his possession. The tour will take place at the time of the presence of the exposition body of the police in the prison. In the event of obvious signs of injury to the defendant's body, an alert shall be made and the showing authority shall be allowed by the police to comment and, where appropriate, to accompany the medical examination report.

(2) The person carrying out the personal examination or being present must be of the same sex as the defendant.

§ 8

(1) When admitted to prison, the defendant shall learn all the rights and obligations he has during the execution of his custody. An alert shall be made of the lesson, which shall be signed by the defendant.

(2) When the defendant is admitted to prison, the necessary sanitary and anti-epidemic measures shall be implemented.

(3) A change in the appearance of the defendant (hair and beard treatment) may be made only with the consent of the defendant, provided that the criminal authority has not requested that the appearance of the defendant remain unchanged in the interest of prosecution.

(4) The administration of the prison will, for the duration of the detention, take over the custody of the defendant if the defendant so requests, or the case which the defendant may not have in his cell.

(5) Upon receipt of the defendant, an initial medical examination shall be carried out.

Placing in customs duties

§ 9

(1) Under the conditions laid down in Section 7 of the Act,

(a) charges suspected of being infectious, in isolation duties or in customs duties at the relevant hospital facility of the Prison Service;

(b) sick charges to special customs duties,

(c) charges with significantly reduced body weight, with apparently low mental level, or charges recommended by a doctor or psychologist, to customs with increased supervision of the Prison Service staff.

(2) Prior to the implementation of the necessary sanitary and anti-epidemic measures, the defendant may be placed in a special cell, which requires his status when admitted to prison.

(3) Charges which are prosecuted for any of the offences referred to in Article 88 (4) of the Criminal Code are placed separately from other defendants, provided that this is not hindered by a particularly significant fact, in particular that there is only one accused for such an offence in the prison.

§ 10

(1) The defendant, who acts aggressively or consistently in custody in breach of the order of performance of the binding or internal order, may be placed on a cell with equipment and equipment secured against damage.

(2) The defendant referred to in Article 7 (2) (a) of the Act, the defendant who has fled custody, execution of sentence or security detention during the last five years, and the defendant against whom criminal prosecution has been brought in respect of the offence committed during the execution of the detention, shall normally be placed on a cell with reinforced construction security.

§ 11

(1) A crisis squad is set up in prison for the accused in acute mental distress.

(2) The defendant, who, due to his mental state, is in danger of himself or his surroundings, may be placed, on the advice of the doctor, for an essential period of time on a special cell which is part of the crisis section.

§ 12

(1) The warden or his authorised staff shall determine to which cell the defendant will be placed.

(2) Any location of the defendant on another cell shall be recorded in the records of the prison administration, including an indication of the reason for such action.

§ 13

Performance of the moderated regime

(1) As a general rule, a defendant shall be placed in the department of custody of the moderated regime, on the proposal of the relevant commission, which, through his behaviour, guarantees that free movement in the designated area of separation and contact with other accused persons will not interfere with the purpose of the detention and internal order.

(2) The inclusion of the defendant in the separation of the exercise of custody with a reduced regime is without prejudice to the provisions of Section 7 of the Act.

Basic equipment of customs duties

§ 14

(1) In addition to the equipment referred to in Section 9 of the Act, the cell must be equipped with a toilet and a sink with running water.

(2) The cells must be ventilated, heated and illuminated on a daily basis in accordance with the generally applicable standards, and silenced lighting may be used during the period from curfew to alarm when justified.

(3) Single-storey beds on a cell can only be used if at least 80 cm of air is maintained between the bed surfaces of the lower and upper beds and 7 m3 of air per defendant. The upper bed shall be provided with a support which does not release dust.

(4) In order to maintain order, purity and hygiene in the cells, normal cleaning and disinfection agents are issued in the necessary quantities.

§ 15

(1) There must be at least 4 m2 of accommodation per defendant in a cell designated for multiple accommodation. A cell intended for accommodation of only one person may not have an accommodation area of less than 6 m2.

(2) The placing of the defendant in a cell or bedroom where the accommodation area is less than that referred to in paragraph 1 may be carried out only if the total number of accused persons within the perimeter of the supreme court exceeds the accommodation capacity of the prisons laid down in paragraph 1; however, the accommodation area per defendant may not be less than 3 m2.

(3) The area of social facilities shall not be included in the accommodation area.

Demonstration of the accused

§ 16

(1) Charges shall be brought to law enforcement authorities, other public authorities carrying out proceedings involving them, lawyers, lawyers representing the accused in another case, and experts, as well as bodies and persons responsible for the control and supervision of the exercise of the detention.

(2) The presentation of the defendant, who is the reason for the detention of the fear of obstructing the clarification of the facts relevant to criminal prosecution, to the persons referred to in paragraphs 1 (2), 2 (1) and to the official of the Probation and Mediation Service, shall take place at their request, unless the defendant agrees to this and unless the criminal authority decides otherwise. The authorised person shall be allowed to provide a spiritual service to the defendant at his request whenever his life and health are at risk.

(3) The presentation of the defendant, who is the reason for the detention of the fear of obstructing the clarification of the facts relevant to criminal proceedings, to other public authorities carrying out proceedings affecting him shall take place if the criminal authority so agrees.

§ 17

(1) The defendant shall be brought to the defence if the lawyer proves his / her right to speak or to visit the full authority in which he / she is authorised to represent the defendant in a criminal case or in a written measure of the court concerning the provision of a lawyer by the defendant's lawyer. 1) The appearance of the defendant for the purpose of a visit or interview with the lawyer shall not be denied.

(2) The defendant shall be brought to the police authority on a written request signed by the nearest authorised superior of the relevant person working in the police authority and bearing a round official stamp. If the defendant is to be brought to another police authority, the request shall be accompanied by the written consent of the police authority acting in criminal proceedings under which the defendant was brought into custody.

(3) Paragraph 1 shall apply mutatis mutandis when presenting the defendant to a lawyer representing the defendant in another case.

§ 18

(1) The defendant is generally only shown in a room set up for that purpose. The defendant may bring items directly related to his defence or to the proceedings in this room.

(2) The warden of the prison shall, when presenting the accused to the competent authorities and persons, be obliged to create conditions allowing the authorised staff of the Prison Service to interview the accused and those authorities and persons to see but not to hear.

(3) It is only possible to bring the defendant outside the prison if it is an action that cannot be carried out in the prison, or if they require other, particularly reasonable grounds for action to be carried out outside the prison. Paragraph 19 (1) shall apply to acts carried out by a police authority outside the prison.

§ 19

Transmission of the accused

(1) The defendant shall be handed over to the police authority outside the prison for the period necessary to carry out the action on the basis of a written request stating the reasons for such action. If a transfer takes place for a period not exceeding 24 hours, the application shall be approved by the Director of the competent department of the Police of the Czech Republic, who shall act as a criminal prosecution of the defendant under which the defendant has been brought into custody, the Head of the Territorial Department of the relevant Regional Directorate of the Police of the Czech Republic, the Director of the Office of the Criminal Police Service and the Investigation of the Internal Presidium of the Police of the Czech Republic, the Head of Department of the General Inspection of Security Corps or the Chief of the Department of the Military Police Criminal Service; in other cases, the application shall be approved by the prosecutor supervising the legality of the preparatory procedure.

(2) If the defendant is handed over for more than 24 hours and the operation is carried out outside the municipality where the prisoner is located, the defendant may be placed in a prison closest to the place where the operation is carried out until the end of the operation.

(3) At the time of transmission of the defendant to the police authority until his return or entry into another prison, the authorities of the Prison Service shall not be responsible for the security of the defendant.

Movement of accused persons

§ 20

(1) The defendant may be transferred to another prison only on written order from the court and in preparatory proceedings by the prosecutor.

(2) In particular justified cases, the defendant may be transferred to another prison by the Prison Service authority, which shall inform the defendant, the competent court and, in the preparatory proceedings, of this fact without delay.

(3) If there is a need to provide immediate bed care in a hospital located in another prison, the defendant may be moved without a warrant. However, the transfer shall be notified without delay to the competent court and in the preparatory procedure of the prosecutor. Similarly, it is appropriate to provide bed care in a healthcare facility outside the prison. In that case, proper supervision of the accused shall be provided by the administration of the nearest prison.

§ 21

In order to transfer the accused for more than 15 days, the administration of the prison from which he is transferred shall, at the request of the accused, notify his family or any other person designated by him.

HLAVA TŘETÍ

PROCEDURE IN REQUEST AND DEATH OF THE INJURY

Release of the accused

§ 22

(1) If the prison receives a written order for release, the defendant shall be released immediately. The order for release shall be accompanied by the signature of the judge or prosecutor (2) and by the stamp of the court or prosecutor issuing the order for release. If the President of the Republic or the Minister of Justice has ordered the release of the defendant for custody in a pardon procedure, this decision shall be implemented by the Ministry of Justice, which shall proceed in a similar manner. If such an order is sent by fax, its authenticity and accuracy shall always be verified retrospectively and the verification shall be indicated on this document.

(2) An order for release is not required where the defendant is transferred from custody to prison on the basis of a measure taken by the court responsible for the decision on detention in a criminal case in which the defendant was in custody.

(3) If the court's decision to release the defendant is enforceable, the defendant who has been brought to trial shall be released immediately from custody if he insists. A member of the Prison Service shall discuss the arrangements for implementing further measures with a discharge. Otherwise, the defendant will be released when he returns to prison.

§ 23

(1) Before the release of the defendant for custody, his identity must be verified in order to avoid confusion with another person.

(2) The release of the defendant shall be notified to the law enforcement authorities. For the release of the defendant for custody, the administration of the prison shall immediately send the report to the guardian, if the defendant has been restricted in his or her capacity, to the social curator responsible for the place of residence of the defendant and, if it is a juvenile, his / her legal representative or guardian and the competent social protection body of the children.

(3) All things that were in the custody of the prison will be released; their receipt shall be confirmed by their signature. A release certificate shall be issued to the released person and, if necessary, he shall also be informed of the possibility of contacting the competent authorities and institutions with requests for assistance to address his urgent social problems.

(4) An exit medical examination shall be carried out before the defendant is released from custody.

§ 24

(1) If he does not have adequate clothing, in particular with regard to the annual period, the administration of the prison shall lend him appropriate clothing for written confirmation.

(2) In the event of special consideration, the warden may decide that the defendant is not obliged to return the worn clothing.

(3) If a sick person is discharged, he shall be brought to the care of another health service provider, if necessary, under the law governing the provision of health services.

Procedure for the death of the defendant

§ 25

(1) Any death of the accused in custody must be reported without delay to the competent law enforcement authority, to the public prosecutor responsible for supervising the performance of the detention, to the Directorate-General for the Prison Service and to the competent authority responsible for the management of the matrix.

(2) The director of the prison or his authorised staff shall immediately inform the doctor of the death of the defendant. It shall also inform the persons referred to in Article 18 (7) of the Act and notify them of the identification data of the autopsy service provider.

(3) If the persons referred to in paragraph 2 do not take over the body of the deceased within the prescribed time limit or no relatives have any relatives, the funeral shall be provided in accordance with the specific legislation of the municipality in whose territory the prison is located.

(4) Where the persons referred to in paragraph 2 take over the body of the dead defendant for burial, the expenditure shall be borne by him.

§ 26

(1) Any death of the accused, the warden of the prison or a member of the Prison Service authorised by him, shall immediately take measures to ensure the place where the death occurred and shall allow the competent authorities to establish the circumstances of the death.

(2) The list of items held by the deceased in custody and information on the amount of the balance in the special account on the date on which the information was drawn up shall be forwarded by the administration of the prison to the district court in whose district the deceased had his last permanent residence and shall await its communication to whom to issue such items.

HLAVA ČTVRTÁ

IMPLEMENTATION OF RIGHTS AND OBLIGATIONS OF THE LIMITED

Meal of the accused

§ 27

(1) The diet is provided to the accused according to the standard of diet, which includes the composition, quantity and nutritional value of the food within the defined cash limit per person and per day depending on the age category, health status and possible occupational classification of the accused.

(2) The doctor shall decide on the granting of therapeutic nutrition, its type and duration.

(3) Hot water for the preparation of beverages is provided at least twice a day to the accused who are not allowed to make their own coffee or tea in the cell.

§ 28

(1) If the defendant, who has sufficient money in the custody of the prison, requests the purchase of lunch from the Boarding House for the employees of the Prison Service, his request shall be accepted, unless the capacity conditions of the Boiling House prevent it.

(2) The defendant who, owing to his establishment or belief, does not wish to accept normal eating habits shall be allowed to obtain an additional diet at his own expense to an acceptable extent if the conditions in the prison permit it; the entitlement to the provision of food under Article 27 (1) is not affected.

Creating the accused

§ 29

(1) The defendant normally uses his own clothing, linen and footwear for the duration of the binding, provided that the conditions laid down by law are met. If these conditions are not met, the warden of the prison or his authorised staff of the Prison Service shall decide on the obligation for the defendant to wear prison clothing, linen and footwear. The administration of the prison is required to ensure that the necessary measures are taken to keep the clothing, laundry and footwear charged in the prison.

(2) The replacement of personal underwear must be ensured at least once a week.

§ 30

(1) When the defendant is using prison clothing, linen and footwear, he must ensure that they are clean and kept in a condition suitable for proper use.

(2) If the conditions in the prison allow this, the defendant who so requests may, at his expense, be allowed to wash his own clothes or clothes at the appropriate prison facility.

(3) Replacement of prison personal clothes shall be carried out once a week, prison clothing or footwear as required and prison bed linen once every 14 days.

(4) The replacement of own clothing, linen or footwear may be carried out by post, by visiting the defendant or, in agreement with the administration of the prison, by individual delivery to the prison.

§ 31

The defendant who participates in an operation outside the prison shall always be assured of the release of his own clothing, linen and footwear. If this garment is aesthetically or otherwise inappropriate, the administration of the prison will lend it the appropriate garment.

Health care

§ 32

(1) Health services are provided to the defendant by the Prison Service in its health facilities and, if necessary, by it in cooperation with other health service providers.

(2) Where the medical condition of the accused requires the provision of urgent medical care and it is not possible to provide it at the detention centre, a medical emergency service or a medical rescue service shall be called upon by the prison service.

(3) In the event that the doctor orders the medical emergency service provider or medical emergency services to provide outpatient or berth health care at the nearest medical facility of another provider authorised to provide the necessary medical services, or to be hospitalized at a hospital in a hospital in the hospital of the hospital health care facility, his instructions for carrying out this procedure for the authorities of the prison service are binding and must be complied with without delay.

§ 33

The refusal of the food of the accused shall be notified without delay by a doctor who shall continuously monitor the health status of the accused and shall decide on the manner in which he or she is to supervise his or her state of health, and by the prosecutor who shall supervise the exercise of the detention.

§ 34

(1) If the accused has participated in an operation outside the prison and the continuous time to sleep has not been observed, he may rest in bed in bed linen for a reasonable time after the wake.

(2) The accused may also rest in bed during the day between 08.00 and bedtime, in his own clothes or in prison.

(3) The continuous time to sleep is the time set in the internal order from curfew to alarm. This period may, in particular, be determined on working days with a view to ensuring the operation and operation of the prison differently from that for working days.

§ 35

(1) The prison is required to create appropriate conditions for compliance with the personal hygiene of the accused so as to ensure daily washing, regular shaving and normal hygiene operations.

(2) The defendant may carry on his cell basic sanitary supplies, including electric shavers.

(3) The administration of the prison will provide the defendant, who has no money, with basic hygiene needs in the necessary quantity and assortment.

§ 36

Bathing the accused

(1) The administration of the prison shall ensure that the accusations are allowed to bathe in warm water at least twice a week.

(2) At the advice of the doctor, or if hygiene reasons so require, the administration of the prison will ensure the bathing of the accused more frequently.

(3) The same-sex person guards the accused during bathing. As a rule, visual examination may be carried out to detect traces of physical violence on the defendant's body.

(4) Shower with hot water is considered as bathing in hot water under the conditions of exercise of binding.

(5) Where, for operational or energy reasons, bathing as referred to in paragraph 1 cannot be ensured, the possibility of proper washing in warm water shall always be ensured.

Outings of the accused

§ 37

The exit area is a defined area of the prison for this purpose established and equipped with appropriate building-technical security. The charges are under the direct supervision of the Prison Service employee.

§ 38

(1) The defendant must wear his own or prison clothing and footwear in the appearance of the defendant in appropriate weather conditions.

(2) The administration of the prison shall keep a nominal overview of the participation in the tours.

Correspondence of the accused

§ 39

Where food or personal goods are accompanied by a written communication, the consignment shall be considered as a package within the meaning of Section 16 (2) of the Act.

§ 40

(1) The defendant may receive and send correspondence only in writing through the holder of the postal licence (hereinafter referred to as the post office).

(2) The inspection of the correspondence of the defendant in custody for the reasons set out in Article 67 (a) or (c) of the Code of Criminal Procedure may be carried out, with the exception of the correspondence of the defendant with the lawyer, by the lawyer representing the defendant in another case, and by the authorities referred to in Article 13 (3) of the Act, and in Sections 62 and 71, by an employee of the Prison Service appointed by the warden. The check shall also include verification that correspondence does not contain items which may not be in the cell or items whose dispatch could thwart the purpose of the detention. When checking, care must be taken to preserve the secrets of the reports contained in the controlled correspondence, except in the cases referred to in Section 13 (2) of the Act.

(3) The prisoner's staff shall immediately inform the defendant of the detention of the correspondence and its transfer to the criminal authority.

§ 41

The costs of correspondence shall be borne by the defendant. In the case of a defendant who does not have his own funds, the costs associated with his correspondence with the lawyer, the lawyer who represents the defendant in another case, and with the authorities referred to in Article 13 (3) of the Act, shall be borne by the prison.

§ 42

(1) The administration of the prison shall keep an overview of the correspondence of the defendant subject to the control of the managing authority. The prison administration records all correspondence referred to in § 13 (3) of the Act and § 60 (1). Other correspondence shall be recorded only if it is sent as recommended; the recommended consignment shall be transmitted to the defendant against the signature.

(2) Correspondence of the accused shall be accepted and dispatched each working day at a time fixed by the internal rules. Correspondence in Czech language shall be transmitted to the post office no later than the following working day. The correspondence received in the Czech language and the foreign language correspondence which the prison can check by its own means shall be transmitted on the same day that it was taken from the post office, unless important circumstances prevent it. The other foreign-language correspondence of the prison shall without delay take the measures necessary to carry out the inspection and to deliver it promptly. The court of custody order shall be delivered to the defendant on the same day as the prison took over.

(3) Correspondence of the accused who is concerned by the fact that he or she is concerned that he or she will thwart clarification of the facts relevant to criminal prosecution, as well as of the correspondence detained pursuant to Article 13 (2) of the Act and the correspondence referred to in Article 13 (3) of the Act shall be followed up or dispatched to a criminal authority or to the authorities addressed at the latest on the following working day.

(4) Where the defendant withdraws receipt of the correspondence from the authority which is conducting criminal, civil or administrative proceedings, the specific rule shall be followed. 5) The defendant shall also be brought to the attention of the fact that, if the competent authority which sent the correspondence has recognised that the receipt has been refused without cause, the correspondence shall be deemed to have been received on the date on which the receipt of the correspondence was denied.

§ 43

(1) The prisoner shall, at the request of the defendant, issue a certificate of the date on which it took over his correspondence for dispatch, stating that the defendant contains an appeal within the meaning of the procedural rules. The staff of the Prison Service shall provide correspondence with the presentation stamp of the prison and the date of such submission.

(2) If the defendant is transferred to another prison or detention centre, the correspondence shall be sent immediately. A measure within the meaning of Section 13 of the Act shall be implemented by an employee of the prison to which the defendant has been transferred or of the prison of which the medical facility is part.

(3) The administration of the prison is required, at its request, to ensure that correspondence is received from the lawyer, the lawyer who represents the defendant in another case, and the authorities referred to in § 13 (3) of the Act and in § 62 and 71 of the Law, or that assistance is given to the defendant in writing submissions, requests, complaints, important communications and correspondence with members of his family or lawyer or lawyer who represents the defendant in another case.

§ 43a

Use of the phone

(1) Before authorising the use of the telephone, the staff member authorised by the warden of the prison shall check the accuracy of all the information provided in the defendant's application.

(2) To allow a telephone call to the authorised telephone number, the defendant requests the overseer. In the absence of a telephone call to the person referred to in Section 13a (3) of the Act, the Chief Superintendent of the accused in the exercise of his / her custody for the reason set out in Section 67 (1). (b) the Code of Criminal Procedure shall not permit telephone calls unless the competent law enforcement authority has decided otherwise.

(3) The authorization of the Prison Service to familiarise itself with the content of telephone calls is usually carried out by checking the recording of calls on the recording medium, exceptionally by direct wiretap of the Prisoner Service employee authorised by the warden. If the content of a phone call is suspected of being prepared or committed a criminal offence, the Prison Service shall transmit the alert to the criminal authority, in the event of direct eavesdropping, shall interrupt the call and notify the event. The same procedure shall be followed by the Prison Service if it finds that communication is taking place with a non-authorised person or if the call leads to a breach of the reason for the detention.

Citation	Decree of the Ministry of Justice No. 109 / 1994 Coll.
Regulation Type	Order
Author	-
Collection	Code of Laws

Date of Promulgation	03.06.1994
Effective from	03.06.1994
Effective until	-
Status	Valid

Decree of the Ministry of Justice No. 109 / 1994 Coll.

Decree of the Ministry of Justice issuing the Code of Conduct

Contents