Decree No. 112 / 1945 Coll.
Decret of the President of the Republic on the administration of judicial prisons and criminal institutes
Valid
Effective from 01.01.1946
112.
Decret of the President of the Republic
of 26 October 1945
on the administration of judicial prisons and criminal institutes.
On the proposal of the Government,
General principle.
The management and administration of, and supervision of, judicial prisons and criminal institutes are part of the judicial administration.
Jail administration.
(1) The prisons of the county courts are governed by the heads of the county courts where the prisons are established; they shall be administered by judicial or prison authorities.
(2) The prisons of the regional courts are governed by the presidents of the regional courts where the prisons are established; they shall be managed by officials, officers and other staff of the prison. The presidents of the regional courts are also responsible for overseeing the prisons of subordinate county courts with the assistance of county court prison officials.
(3) If there is a county court prison and a special county court prison in the same place, the President of the county court also manages and manages the county court prison.
The administration of criminal institutions.
(1) Penal institutions are managed by their peers and administered by officials, founders and other staff of the Institute.
(2) Local supervision of the Institute is carried out by the Constitutional Commissioner (Deputy), established by the Ministry of Justice. The Commissioner (Deputy Commissioner) may only be appointed who is competent for the judicial office.
Common provisions.
If they are located in special departments of a criminal institution of different kinds in the same institution, the priority of the Institute and the Constitutional Commissioner shall apply to all special departments located in the same institution. This also applies mutatis mutandis to the President of the Regional Court, when punishments and measures should be carried out in a special department of the County Court Prison, which should be carried out in a criminal institution.
The jurisdiction of the Ministry of Justice.
(1) The Ministry of Justice shall exercise the current administrative powers of the Land courts in the matters of judicial prisons and criminal institutes, as well as in the personal matters of their officials of the medical, spiritual, prison administrative and educational services, officials and officers of the watchkeeping service, as well as auxiliary officers of the prisoners and of the staff of the prisons whose service is based on an individual contract.
(2) Cases which do not necessarily require a uniform procedure will be left by the Ministry of Justice to the administrative powers of the tribunals of the district courts, the presidents of the regional courts with criminal jurisdiction and the priorities of criminal institutions.
(3) The priority of the district courts in these cases is subordinate to the President of the superior regional court with criminal jurisdiction, the presidents of the regional courts and the heads of the criminal institutions directly to the Ministry of Justice.
The Ministry of Justice is responsible for overseeing judicial prisons and criminal institutions; may at any time give them to persons to carry out inspections specifically designed.
The Ministry of Justice shall issue domestic regulations for judicial prisons and criminal institutes, instructions to the authorities responsible for their management and management and supervision, as well as the rules of service for staff of judicial prisons and criminal institutes.
(1) The Ministry of Justice may be ordered for serious reasons, in particular for the economic use of judicial prisons and criminal institutes:
(a) that the penalties and measures to be carried out in criminal institutes of different kinds should be carried out in special departments of the same institute;
(b) that the penalties and measures to be carried out in a criminal institution should be carried out in a special department for that purpose in appropriate prisons of regional courts;
(c) that shorter sentences of liberty to be carried out in a county court prison should be carried out in a county court prison.
(2) The Ministry of Justice may, in whole or in part, transfer the authorisation referred to in paragraph 1 (c) to the presidents of the regional courts with criminal jurisdiction.
Final provisions.
(1) They become ineffective:
(a) the Order of 25 October 1865, No 109 of 25 October 1865 declaring the taking over of the prison proceedings and administration by the Ministry of Justice,
(b) Paragraph 10 to 15 of the Law of 1 April 1872, No 43 of the Law on the execution of sentences in solitary confinement and the setting up of commissions for the execution of sentences;
(c) Paragraph 4 of the Act of 15 April 1920, No 284 Coll., establishing the proportion of penalties in the territory of different laws.
(2) The following provisions are hereby repealed:
(a) Government Decree of 10 August 1939, No. 218 Coll., on the administration of judicial prisons and criminal institutes,
(b) Government Decree of 17 October 1942, No 380 Coll., amending the regulations on the administration of judicial prisons and criminal institutes.
The provisions of the Act of 11 March 1931, No. 48 Coll., on the criminal justice of young people are not affected by this decree.
This decree shall take effect on the first day of the second month following its publication and shall apply in the Czech and Moravian-Silesian countries; It shall be implemented by the Minister of Justice in agreement with the Ministers involved.
Dr Beneš v. r.
Fierlinger v. r.
Dr Stránská v. r.
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Regulation Information
| Citation | Decree No. 112 / 1945 Coll., on the administration of judicial prisons and criminal institutes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.11.1945 |
|---|---|
| Effective from | 01.01.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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