What is Decree No. 110 / 1994 Coll.?

Decree of the Ministry of Justice No. 110 / 1994 Coll. — Order of the Ministry of Justice issuing the Code of Conduct for the execution of a custodial sentence.

When it became Decree No. 110 / 1994 Coll. effectiveness?

Decree No. 110 / 1994 Coll. became effective 03.06.1994.

Is Decree No. 110 / 1994 Coll. still valid?

Yes, Decree No. 110 / 1994 Coll. is still valid and effective.

Decree No. 110 / 1994 Coll. - Order of the Ministry of Justice issuing...

110

DECLARATION

Ministry of Justice

of 21 April 1994

laying down the rules for the execution of prison sentences

The Ministry of Justice provides, pursuant to Article 72 of Act No. 59 / 1965 Coll., on the execution of a prison sentence, as amended ("the Act '):

ČÁST PRVNÍ

GENERAL PART

HLAVA PRVNÍ

BASIC PROVISIONS

§ 1

(1) If 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"), the latter shall be understood as a member and a civil servant of the Prison Service if the individual provisions do not imply that he is a member of the Prison Service.

(2) If this decree refers to a prison, it is also understood to be the separate department of the detention prison (Section 3 of the Act).

§ 2

For the purposes of this decree, the entrusted person carrying out the spiritual activity (hereinafter referred to as the "authorised person ') shall mean a qualified and approved clergyman who is entitled to provide spiritual service to the condemned and who is responsible for carrying out that activity by the management of the relevant church or religious society, and has given his consent to it.

HLAVA DRUHÁ

ACCEPTANCE AND EMPLOYMENT

Recruitment

§ 3

(1) The sentenced person may be admitted to the execution of a custodial sentence ("the execution of the sentence ') on the basis of a final and enforceable judgment of the court and the order for the execution of the sentence, or, where appropriate, on the basis of an appeal given by the court for the execution of the sentence or an order from the court for the execution of the sentence.

(2) When entering the prison, the identity of the sentenced person must be verified in order to avoid any confusion with another person in the light of all available documents. If the sentenced person has no personal document in his possession until the execution of the sentence by the authority of the Police of the Czech Republic ("the Police Authority '), the administration of the prison shall request the police authority which supplied him to the prison to immediately identify the sentenced person and communicate the result of the findings to the administration of the prison.

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

§ 4

(1) A personal search shall be carried out on admission to prison by a same-sex person; the necessary sanitary and anti-epidemic measures shall also be implemented.

(2) The sentenced person may retain with him, in a reasonable amount, their storage in the photograph box provided, letters, documents related to the criminal proceedings against him, legislation, own books, magazines and newspapers. The condemned may also carry his own battery radio, pocket or wristwatch, electric razor, enamelled or porcelain cup for drinks and basic sanitary supplies. The warden of the prison or his authorised officer shall decide on the retention of other matters. The rest of the things the condemned man has with him will be ordered by the prison administration upon his request. If storage of certain items is not possible, the administration of the prison at the expense of the sentenced will ensure that they are sent to the person designated by the sentenced.

§ 5

(1) Upon taking up the sentence, the administration of the prisoner shall instruct him of his rights and duties during the execution of the sentence. An alert shall be drawn up for the instruction and signed by the sentenced.

(2) The prison administration shall send a report to the court which took the decision at first instance, to the district (city) police authority responsible for the place of residence of the sentenced, to the youth curator or, where applicable, to the social curator responsible for the place of residence of the sentenced, to the General Directorate of the Prison Service, to the military administration for soldiers (including in advance) and to men older than 17 years of age and to the pensioner, to the competent pension payer.

§ 6

Reception department

(1) After taking up the sentence, new arrivals of convictions shall be accommodated in the reception department of the prison, separately:

(a) men from women,

(b) adolescents (1) from adults,

(c) condemnation of the court's classification in different types of prisons,

(d) a life sentence, the convicted non-smoker being placed separately from the convicted smokers at his own request.

(2) During the stay in the reception unit, which generally does not exceed one week, the sentenced person shall undergo a preventive initial medical examination, including the necessary diagnostic and laboratory examinations.

Placing in prisons

§ 7

(1) The Director-General of the Prison Service decides on which of the prisons of the type of prison prescribed by the court will be located; In particular, they shall be governed by the type of rehabilitation programmes carried out in each prison and shall, as far as possible, take into account that the sentenced person carries out the sentence as close as possible to his place of residence.

(2) The decision to place in a particular prison shall be communicated without delay to the sentenced person so that he can inform the loved ones.

§ 8

(1) The sentenced shall be adopted in the competent prison by the expert commission (hereinafter referred to as the "commission"), the chairman of which shall normally be the head of the detention department (detention and detention department); the members of this commission are a psychologist, educator, social worker and, where appropriate, other prison staff designated by the warden of the prison.

(2) After being admitted to prison, the newly admitted convicted persons shall be accommodated separately from the other convicted persons in the entry department of the prison. During the stay in the starting department, the length of which is determined individually and generally does not exceed three weeks,

(a) the designated members of the commission shall draw up a comprehensive report on the sentenced, including a proposal for a rehabilitation programme;

(b) the sentenced shall be thoroughly acquainted with the content of the internal order and the environment in which the sentence will be carried out.

(3) Upon completion of the operations referred to in paragraph 2, the sentenced person shall, as a general rule, be summoned within three days to the Commission, which shall discuss with him the content of the rehabilitation programme and shall designate the governess to whom he is entrusted. In doing so, the Commission shall follow the principles laid down in Article 5 (4) of the Act and shall also ensure that they are separated from each other and from the other sentenced persons:

(a) more distortion of conviction with a tendency to act violently;

(b) convictions with significant psychopathic features,

(c) mentally disabled, physically weakened or easily controllable convictions;

(d) the convictions first served.

(4) Convicts in acute mental distress will be placed in the emergency ward of the prison.

(5) A convicted person who, due to his mental state, endangers himself or his surroundings may be placed for an essential period of time in a special cell which is part of the crisis department.

§ 9

Resociation programmes

(1) On the basis of a comprehensive report, the administration of the prison will allow the condemned to choose a resocialization program from alternatives to the programmes he considers appropriate for him. The choice of the program will be confirmed by the condemned by signature.

(2) The work of the minimum programme provided for in the internal rules of the prison consists of employment, work for the prison and work therapy corresponding to the health status of the sentenced.

(3) The fulfilment of the objective of the rehabilitation programme of each sentenced person shall be assessed on a regular basis within the time limits set out in paragraph 4 and in the framework of the procedure for the transfer of the sentenced person to another type of prison and for the suspension of the sentence. In the evaluation, the rehabilitation programme shall be updated in accordance with the development of the convicted person's personality and changes in his behaviour and conduct. The evaluation of the success of the rehabilitation programme shall be discussed with the sentenced by the staff of the detention unit (separation of custody and punishment); the sentenced is involved in updating it.

(4) Resocialisation programmes are generally evaluated once

(a) in a prison with supervision and supervision per month;

(b) three months from now in a security prison,

(c) six months in a high-security prison.

Movement of convicted persons

§ 10

(1) The sentenced shall be moved to another prison for a transitional period:

(a) a request from an investigator approved by the Director of the Bureau of Investigation with whom the investigator is active;

(b) at the order of the Prosecutor or the President of the Chamber, who needs to be heard in criminal matters;

(c) if it is not possible to ensure the application of adequate restrictions within the meaning of Paragraph 10 (2) of the Act in the prison where the sentenced person is serving a sentence,

(d) on a proposal from a doctor for the provision of health care;

(e) on a proposal from the warden for reasons of particular concern,

(f) for the purpose of taking part in civil proceedings before a court.

(2) The sentenced person may only be moved to a prison in which a division of the same basic type is established, in which he carries out the sentence, or to a prison in which the receiving department is established. Paragraph 6 (1) shall apply mutatis mutandis to the accommodation of the convicted persons during the transfer.

§ 11

The sentenced shall be transferred to another prison for a period not of a transitional period:

(b) by decision of the Directorate-General for the Prison Service on grounds of special concern in order to ensure the performance of the purpose of the sentence or the performance of the tasks of the Prison Service;

(c) by mutual agreement between the directors of prisons of the same basic type applying similar rehabilitation programmes in the framework of internal differentiation in order to enhance the educational impact of the execution of the sentence or by a positive decision on the application of the sentenced or his loved ones.

§ 12

The prison administration shall immediately inform the persons close to it of the transfer of the sentenced for more than seven days if the sentenced cannot do so.

Replacement of convicted persons

HLAVA TŘETÍ

IMPLEMENTATION OF RIGHTS AND OBLIGATIONS OF THE RESISTANCE

§ 15

Correspondence

(1) For correspondence of the convicted persons, lockable boxes shall be established in an accessible place to which the convicted persons may place it unless they hand it over to the breeder. Only the correspondence referred to in the second sentence of Section 12 (1) of the Second Act is thrown into the sealed envelope. The boxes are selected daily on working days. Letters must be sent without delay.

(2) Correspondence received by the defendant shall be transmitted to him without delay.

(3) Correspondence, in which the defendant makes an appeal within the meaning of the procedural rules, shall be stamped and the date on which such submission was made by an authorised Prisoner.

(4) Where food or personal goods are accompanied by a written communication, the consignment shall be considered as a package within the meaning of Article 14 (2) of the Act.

Visits of the condemned

§ 16

(1) The sentenced person may receive visits to close persons within the deadlines set by the warden of the prison for at least two hours. For urgent family or personal reasons, the breeder may allow a visit more often than not. If the prison director authorises the sentenced person to receive a visit from another person (Section 12 (2) of the Act), this visit shall not count between close persons.

(2) Young children under the age of 15 may only attend visits accompanied by persons over the age of 18.

(3) Prison directors may, in particularly justified cases, allow a visit between sentenced persons who are close. The costs of the demonstration shall in such a case be borne equally by the conviction, unless otherwise assessed.

§ 17

(1) The visit will take place on specified days, as a rule on days of rest during the day.

(2) In justified cases, a visit may be carried out in such a way that, under the direct supervision of a Member of the Prison Service, visitors are separated from the sentenced by a transparent bulkhead.

(3) A pre-visit officer of the Prison Service will instruct the sentenced and visitors about the rules of conduct laid down during the visit. It shall have the right to decide on the early termination of the visit in the event of a breach of the established rules of conduct.

(4) Entry into the premises of the prison reserved for the conduct of visits of the convicted persons shall be granted to the visitor upon presentation of a valid ID or passport, a soldier of basic service after presentation of a military book. Entry on the basis of a certificate of loss of ID shall not be granted.

(5) Visits of convicted persons located in the berth parts of the medical facility Prison services are only possible with the consent of the physician concerned.

(6) A person of the same sex shall be examined by the defendant before and after the visit.

§ 18

Acceptance of packages

(1) The sentenced person has the right to receive packages of up to 5 kg. The package can be delivered when visiting or by mail.

(2) The package of food and personal supplies submitted to the defendant during the visit shall normally be issued immediately upon the visit, the contents of the package being examined and checked. Things that are not permitted or that could endanger the health of the defendant shall not be taken over.

(3) Where the package contains valuables, money, arms, medicines, medicines, alcoholic beverages (including beer), products containing alcohol and other volatile substances, perishable food, preserved food, beverages and foodstuffs in glass packaging, products in pressure containers (spray), printed matter or materials promoting national, ethnic, racial, religious or social intolerance, fascism and similar movements, violence and cruelty, as well as printed matter or materials containing a description of the manufacture and use of psychotropic substances, poisons and explosives, or in the event that the condemned package refuses to take over, the package or the non-submitted part of the consignment shall be returned to the sender as a new consignment if the return has not already taken place during the visit.

Purchase of food and personal goods

§ 19

(1) In prison, food, drug and industrial goods stores are set up for the inmates. The minimum assortment of goods shall be determined by the internal rules of the prison. Purchases are usually made in the form of cash-free payments.

(2) If the purchase of goods cannot be made at the prison store, it is ensured through the administration of the prison.

(3) The warden of the prison shall be entitled to determine the maximum amount of money for which the sentenced person may purchase one-off.

§ 20

(1) The sentenced person may also use the money sent to him during the execution of the sentence or transferred to the prison for safekeeping for purchase if he does not carry out disciplinary proceedings.

(2) The warden of the prison may determine the maximum amount of money the sentenced may have on him. Cash in excess of the specified amount shall be transferred to the competent officer of the prison for safekeeping.

(3) If the sentenced person has less money in the custody of the prison than the expected price of the fare to the place of residence and the amount of the allowance for one day, (2) the purchase of food and other items shall not be allowed.

§ 21

Protection of the rights of the convicted persons

(1) The defendant may request an interview with the persons referred to in Article 15 (2) of the Act in writing or orally. Such an application shall be sent or communicated to the relevant person no later than the following working day. In the case of presence in a prison, the authority carrying out the control of the prison (Section 44 of the Act) must be informed without delay of the request of the defendant.

(2) If a convicted person asks for an interview with the warden of the prison, he will be given such an interview within one week, in urgent cases immediately. The urgent nature of the case is assessed by the warden on the grounds of an interview request.

(3) A designated room is used to interview a convicted lawyer in a prison. If a lawyer does not notify a visit to the sentenced person at least 24 hours in advance, he shall normally take place during the non-working hours of the sentenced person.

(4) The defendant shall be brought to the lawyer if the lawyer proves that the defendant is defending or representing the defendant.

§ 22

Self-administration of convicted persons

The self-administration of the convicted persons shall contribute to compliance with the prescribed order and discipline (Section 16 (3) of the Act), in particular by cooperating with the administration of the prison in the performance of corrective educational activities, passing on to it the incentives of the convicted persons and informing the other sentenced persons of their activities. The tasks shall be adopted and imposed by the local self-government of those convicted at joint meetings with the educator, held at least once every two weeks, and by the wholeconstitutional self-government at the assembly of representatives of all the self-government of those sentenced at least once every two months.

HLAVA ČTVRTÁ

EMPLOYMENT

§ 23

The Director of the Prison shall be entitled to schedule the working hours of the convicted persons, or to order them to work on working days or overtime; is entitled, in particular, to adjust the working time of the convicted persons in such a way as to be consistent with the working time of the employer's staff.

§ 24

(1) The judgments which have been assigned to work by decision of the Commission shall, as a general rule, be divided into working groups; the head of these groups shall be designated by the warden or the authorised officer of the detention unit (detention and detention department).

(2) Judgments shall be included in working groups and shall be reassigned in accordance with the mission of rehabilitation. The Commission shall decide on the reassignment of the sentenced to another working group.

HLAVA PÁTÁ

INTERNAL DIFERENCATION

§ 25

(1) Internal differentiation consists of the division of sentenced to groups depending on their personality characteristics, behaviour and attitude towards the objective of execution.

(2) Convictions with the same or similar resociation programme are generally included in the same group of internal differentiation.

(3) Internal differentiation applies to all basic types of prisons. Conviction, classification into the same group of internal differentiation, usually work together and are generally housed together.

(4) The Commission shall decide, as a general rule, on a proposal from a teacher to evaluate the performance and updating of the convicted person's rehabilitation programme.

HLAVA ŠESTÁ

_

Disciplinary fees

§ 26

The principles of individualisation, proportionality, escalation, consistency and fairness should be applied in the award of disciplinary fees and the imposition of disciplinary penalties in order to strengthen the educational effect of the disciplinary remuneration or the disciplinary punishment imposed.

§ 27

(1) The disciplinary fees (Section 19 of the Act) have the right to be awarded by the educator, the head of the school education centre, the head of the detention department (department of detention and punishment), the warden and the Director General of the Prison Service.

(2) The breeder has the right to award the following disciplinary fees:

(a) praise;

(b) exceptional authorisation of a visit;

(c) exceptional authorisation of the package;

(d) increased allowance,

e) cash or material remuneration up to 200 CZK.

(3) The head of the school education centre and the head of the department of the execution of the sentence (separation of custody and punishment) have the right to award the disciplinary fees referred to in paragraph 2, with a cash or in-kind remuneration of up to CZK 500.

(4) The Director of the prison and the Director General of the Prison Service have the right to grant disciplinary fees in full according to the law, and the Director of the prison may grant a cash or material reward up to CZK 1000.

(5) If a Prison Service worker is responsible for granting a convicted person a higher disciplinary fee than he has the right to give, he shall refer the matter to the Prison Service worker who is entitled to grant such a disciplinary fee.

§ 28

(1) She praises the condemned person orally, either individually or in front of a group of convicted persons.

(2) The exceptional authorisation of a visit concerns only one visit in excess of the right of a visitor. a visit may be authorised for both close persons and other persons.

(3) The exceptional authorisation of the package concerns only one package per specified weight.

(4) The allowance may be increased by releasing the appropriate amount of the deposit if the amount exceeds 2000 Kč. 3)

(5) The sentenced may use the cash reward as an allowance, apply for it to be deposited in a prison or send it to the person he designates.

Discipline

§ 29

(1) Disciplinary sentences (Section 20 of the Act) have the right to impose the right of the educator, the head of the school education centre, the head of the detention department (Department of Detention and Punishment), the warden and the Director General of the Prison Service.

(2) The breeder has the right to impose the following disciplinary penalties:

(a) reprimand,

(b) a reduction in the allowance of up to one third for up to one month;

(c) a ban on the acceptance of the package for up to six weeks;

(d) placing in a closed ward in out-of-work time up to 10 days.

(3) The head of the school education centre and the head of the department responsible for the execution of the sentence (separation of custody and punishment) have the right to impose disciplinary penalties in full according to the law, and may impose the placing in solitary confinement for a period not exceeding seven days.

(4) The prison director and the General Director of the Prison Service have the right to impose disciplinary sentences in full according to the law.

(5) If a Prisoner's Service worker is responsible for imposing a more stringent disciplinary sentence on the sentenced person than he has the right to impose, he shall refer the matter to the Prisoner's Service worker who is entitled to impose such a sentence.

§ 30

(1) The imposition of disciplinary action should be decided immediately after the examination of the disciplinary action.

(2) A record shall be made of the disciplinary offence of the sentenced person, including specific details of the conduct in which the disciplinary offence is seen, including a description of the place, time, manner in which the offence was committed, and the circumstances in which the offence was committed, and, where appropriate, the intended grounds for such action.

(3) In the disciplinary proceedings, the evidence is everything that can help to clarify the actions, in particular the findings of the Prison Service worker, statements of other persons, statements of the convicted, matters, documents and examinations. The means of proof must be specifically identified, in such a way that they can be verified. If they are evidence of the testimony of witnesses, the brief content of their statement shall be indicated with their signature. The confession of the sentenced person shall not relieve the competent officer of the Prison Service of the obligation to examine and, by the available means, examine all the circumstances of the action.

(4) Before a disciplinary sentence is imposed, the defendant must be allowed to comment. The statement of the sentenced shall be given on the prescribed form and submitted to the sentenced for signature. If the sentenced person refuses to sign the statement, the competent Prison Service official shall state that fact, including the reason for the refusal, and shall attach the date and signature of the prisoner.

(5) The disciplinary penalty may be imposed if the defendant's guilt is proven. In deciding on the imposition of a disciplinary penalty, the Prison Service Officer shall also take into account the seriousness of the disciplinary offence and the circumstances in which it was committed, as well as the conduct of the sentenced. A disciplinary offence may also be dealt with by an educational interview without the imposition of a disciplinary penalty; This fact shall be indicated in the record of a disciplinary offence. The decision to impose disciplinary action shall be given in writing and shall include, in addition to the statement and justification, an appeal notice. The defendant shall confirm the notification of the decision by signature. If he refuses, it shall be treated in a similar manner as when the sentenced refuses to sign his observations.

§ 31

(1) A complaint against the decision to impose disciplinary action (Paragraph 22 (1) of the Act) may be lodged in writing or orally. If the complaint has been lodged in writing, the date on which it was lodged shall be indicated. A record of the complaint lodged orally shall be made on the prescribed form indicating the essential reasons for the complaint and the date of its submission.

(2) A complaint against the decision to impose a disciplinary sentence shall be decided by the nearest senior officer of the Prison Service who imposed the disciplinary sentence.

§ 32

(1) If a complaint is filed against a decision imposing a disciplinary sentence within the prescribed period, the competent officer of the Prison Service shall examine whether it is undoubtedly established that the action involving a disciplinary offence has occurred, whether the defendant has committed it, whether the offence is a disciplinary offence, as well as other significant circumstances. At the same time, it shall examine whether the disciplinary authority of the Prison Service official who imposed the disciplinary sentence has been exceeded.

(2) Prison Service worker who has the right to decide on a complaint against the decision to impose disciplinary action:

(a) reject the complaint if the guilty party was brought late;

(b) reject the complaint if the commission of a disciplinary offence is proved and is unquestionably proven and the disciplinary sentence imposed is proportionate to the seriousness of the offence committed and is in line with the mission of the rehabilitation activity;

(c) amend the disciplinary penalty if the commission of a disciplinary offence is proved to have been committed by a convicted person and is unquestionably proven to be guilty, but the disciplinary penalty imposed is not proportional to the seriousness of the offence committed or is not in accordance with the mission of the rehabilitation activity; If the prison service officer concerned changes the type or amount of disciplinary punishment imposed, the new disciplinary sentence must always be lighter than the one originally imposed on the sentenced;

(d) abolish the disciplinary penalty imposed if all the facts relevant to the imposition of the disciplinary penalty have not been sufficiently clarified, or if the evidence to date is insufficient for a decision, and return the matter to the new disciplinary procedure of the Prison Service officer who imposed the disciplinary penalty. Under the new disciplinary procedure, the sentenced cannot be imposed more stringent disciplinary penalty than originally imposed; against a new decision imposing disciplinary action has the sentenced right to lodge a complaint,

(e) abolish the disciplinary sentence imposed, unless it is unquestionably proven that the convicted disciplinary offence has been committed.

(3) The decision on the complaint against the decision to impose a disciplinary penalty will briefly state in writing the reasons for the Prisoner's Service.

§ 33

When the decision to impose a disciplinary penalty pursuant to Article 32 (2) (c) and (d) is amended or revoked, the disciplinary penalty originally imposed, if it has already been partially executed, shall be included in the newly imposed disciplinary penalty. Where netting is not possible, this shall be taken into account when determining the type and extent of the newly imposed disciplinary penalty.

Performance of disciplinary penalties

§ 34

(1) The reprimand shall be expressed orally, either individually or in front of a group of convicted persons.

(2) The amount by which the allowance is reduced by the imposition of a disciplinary penalty for the reduction of the allowance shall be transferred to the storage charge.

(3) The prohibition on the acceptance of packages concerns the number of packages that the sentenced person was entitled to receive during the period for which the disciplinary sentence is defined.

(4) A decision to forfeit is final, together with a copy of the decision to forfeit the case shall be forwarded to the Financial Office in whose district the prison is based.

§ 35

(1) The sentenced to whom a disciplinary sentence has been imposed on a closed ward in out-of-work time, the execution of that disciplinary sentence shall take place on working days immediately after the end of the working time and shall remain there on working days. When entering a closed ward, a personal search shall be carried out on the defendant.

(2) During the performance of the disciplinary penalty, the sentenced person shall have the right to take part in trips within one hour of the day, if he otherwise works in a closed room. The sentenced shall be allowed to participate in the educational activities resulting from his resocialisation programme.

Citation	Decree of the Ministry of Justice No. 110 / 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 No. 110 / 1994 Coll.

Order of the Ministry of Justice issuing the Code of Conduct for the execution of a custodial sentence

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