Decree No. 119 / 2013 Coll.
Ordinance on quality standards for services provided under the Law on Victims of Crime
Valid
Order
Effective from 05.06.2013
Text versions:
05.06.2013
21.05.2013
119
DECLARATION
of 7 May 2013
on standards of quality of services provided under the law on victims of crime
According to Section 49 (f) of Act No. 45 / 2013 Coll., on Victims of Crime and on the Amendment of Certain Acts (Act on Victims of Crime):
(1) The quality standards for the provision of legal information are set out in Annex 1 to this Decree.
(2) The quality standards of the services provided for the provision of restorative programmes are set out in Annex 2 to this Decree.
This decree shall take effect on the 15th day following its publication.
Minister:
JUDr. Blažek, Ph.D., v. r.
Příloha č. 1
Annex No 1 to Decree No 119 / 2013 Coll.
Quality standards for the provision of legal information
1. Criteria governing the relationship between the accredited body and the victim
(a) Basic criteria
1. The accredited entity shall have its mission, objectives and principles defined and published; in accordance with this mission, objectives and principles, the accredited body shall act.
2. The accredited entity shall have the type of service it provides.
3. The accredited entity shall set out the range of victims to be provided.
4. The accredited entity has the described implementation of the services provided.
(b) Criteria for protecting the rights of victims and others
1. The accredited entity does not discriminate in the provision of services.
2. The accredited body shall respect the right to the protection of the privacy of the victim and other persons, shall respect the obligation of confidentiality and shall process only those data which are strictly necessary to ensure a quality service.
3. Accredited entity shall handle data on victims and other persons in accordance with legislation.
4. The accredited subject respects the dignity of the victim and treats it with care and politeness and takes into account her age, health and mental status, intellectual maturity and cultural identity.
5. The accredited entity shall provide the service in due time.
(c) Criteria for providing the victim's information
1. The accredited entity shall have rules on the provision of information to victims about the services offered; the accredited body follows these rules.
2. The accredited entity informs the victim of its rights under the Crime Victims Act.
3. The accredited entity shall inform the victim of his or her rights as a victim under the criminal code.
4. The accredited entity shall inform the victim of the conduct of the criminal proceedings and of its status as a victim and a witness in it.
5. The accredited body shall inform the victim of the possibility of lodging a complaint with the accredited body if it is not satisfied with the service provided.
6. The accredited entity shall inform the victim of the possibility of lodging a complaint with the Ministry of Justice if the accredited entity does not comply with the accreditation conditions.
7. The accredited entity shall inform the victim in a language and form in accordance with the Criminal Victims Act.
(d) Criteria governing the procedure of the accredited body before providing legal information
1. The accredited body shall have rules governing negotiations with candidates for the provision of services; the accredited body follows these rules.
2. Before providing legal information, the accredited entity shall inform the interested party of all the conditions under which the service is provided and shall proceed to understand the information.
(e) Criteria preventing conflicts of interest
1. The accredited entity shall have rules to determine whether there is a conflict of interest between the different candidates for the service provided and the victims when providing legal information; the accredited body follows these rules.
2. The accredited entity shall have rules to prevent conflicts of interest between the accredited entity and the victim; the accredited body follows these rules.
(f) Criteria concerning the submission of complaints on the quality of the service provided
1. The accredited entity shall have rules for receipt of complaints; the accredited body follows these rules.
2. The accredited entity shall process the complaints lodged and keep a record of the execution.
3. Submission of a complaint is not an injury to the victim.
4. The accredited entity shall establish the satisfaction of the victims with the services provided.
5. The accredited entity shall, on the basis of the facts established, take the necessary measures to address the shortcomings of the services provided.
(g) Criteria concerning the keeping and storage of documentation
1. The accredited entity shall have rules for keeping documentation of the service provided, including rules for consulting the documentation, and such rules shall be laid down taking into account the right to the protection of the victim's personality and other persons; the accredited body follows these rules.
2. The accredited entity shall have rules for the retention of documentation; the accredited body follows these rules.
3. The accredited entity shall keep documentation of failure to provide legal information and of the reasons why it has not been provided.
(h) Other criteria
1. The accredited body shall inform the victim of other accredited legal information bodies and of the Probation and Mediation Service centres where it does not provide the required type of service; the accredited body shall inform the victim of other services where necessary, taking into account its needs.
2. Criteria governing staff security
(a) Criteria for staff and organisational reinsurance
1. The accredited entity shall have an internal organisational structure.
2. The accredited body shall have appropriate qualification requirements for each employee.
3. The structure and number of posts shall correspond to the objectives and scope of the services provided.
4. The accredited entity shall have internal rules for recruitment.
5. The accredited entity shall have rules whereby the competent person guarantees the level of legal information services unless the legal information is directly provided by the competent natural person. The accredited entity shall follow these rules.
6. An accredited body for which the activities of natural persons are carried out by an accredited body not in a basic employment relationship (hereinafter referred to as an "outsider") shall have rules for their operation in the provision of services which do not reduce the quality of the services provided.
(b) Criteria governing the professional development of staff
1. The accredited entity shall have rules for training new staff; the accredited body follows these rules.
2. The accredited body shall have rules for the regular evaluation of the competence of staff to identify their individual training needs; on the basis of that evaluation, it shall take the necessary measures.
3. The accredited entity shall have a programme of training and regular training of staff and outsiders in accordance with the needs of developing the quality of the services provided.
3. Criteria governing operational security
1. The accredited entity shall provide the service under material, technical and hygienic conditions which are appropriate to the type of service provided.
Příloha č. 2
Annex No 2 to Decree No 119 / 2013 Coll.
Quality standards of the services provided for the provision of restorative programmes
1. Criteria governing the relationship between the accredited body and the victim
(a) Basic criteria
1. The accredited entity shall have its mission, objectives and principles defined and published; in accordance with this mission, objectives and principles, the accredited body shall act.
2. The accredited entity shall have the type of service it provides.
3. The accredited entity shall set out the range of victims to be provided.
4. The accredited entity has the described implementation and process of providing services.
(b) Criteria for protecting the rights of victims and others
1. The accredited entity does not discriminate in the provision of services.
2. The accredited body shall respect the right to the protection of the privacy of the victim and other persons, shall respect the obligation of confidentiality and shall process only those data which are strictly necessary to ensure a quality service.
3. Accredited entity shall handle data on victims and other persons in accordance with legislation.
4. The accredited subject respects the dignity of the victim and treats it with care and politeness and takes into account her age, health and mental status, intellectual maturity and cultural identity.
5. The accredited entity shall provide the service in due time.
(c) Criteria for providing the victim's information
1. The accredited entity shall have rules on the provision of information to victims about the services offered; the accredited body follows these rules.
2. The accredited entity informs the victim of its rights under the Crime Victims Act.
3. The accredited entity shall inform the victim of his or her rights as a victim under the criminal code.
4. The accredited entity shall inform the victim of the conduct of the criminal proceedings and of its status as a victim and a witness in it.
5. The accredited body shall inform the victim of the possibility of lodging a complaint with the accredited body if it is not satisfied with the service provided.
6. The accredited entity shall inform the victim of the possibility of lodging a complaint with the Ministry of Justice if the accredited entity does not comply with the accreditation conditions.
7. The accredited entity shall inform the victim in a language and form in accordance with the Criminal Victims Act.
(d) Criteria governing the procedure of the accredited body before the conclusion of a contract of participation in the Restorative Programme
1. The accredited body shall have rules governing negotiations with candidates for the provision of services; the accredited body follows these rules.
2. The accredited entity shall, before concluding a contract with the candidate, discuss the requirements it has for the service and the objective which the candidate should, in his opinion, be achieved after the provision of the service; the provision of the service is planned taking into account the needs of the candidate.
3. The accredited entity shall have rules on how to respond if, during the provision of the service, the target which the victim wishes to achieve or any other material change occurs changes; the accredited body follows these rules.
4. The accredited entity shall identify the candidates before the conclusion of the contract with all the conditions under which the service is provided.
5. The accredited entity shall have rules for the conclusion of a service contract; the accredited body follows these rules.
6. The accredited entity shall act in such a way that the candidate understands the procedure when concluding the contract.
(e) Criteria preventing conflicts of interest
1. The accredited entity shall have rules in place to determine whether there is a conflict of interest between the different candidates for the service provided and the victims when providing the service; the accredited body follows these rules.
2. The accredited entity shall have rules to prevent conflicts of interest between the accredited entity and the victim; the accredited body follows these rules.
(f) Criteria concerning the submission of complaints on the quality of the service provided
1. The accredited entity shall have rules on complaints; the accredited body follows these rules.
2. The accredited entity shall process the complaints lodged and keep a record of the execution.
3. Submission of a complaint is not an injury to the victim.
4. The accredited entity shall establish the satisfaction of the victims with the services provided.
5. The accredited entity shall, on the basis of the facts established, take the necessary measures to address the shortcomings of the services provided.
(g) Criteria concerning the keeping and storage of documentation
1. The accredited entity shall have rules for keeping documentation of the service provided, including rules for consulting the documentation, and such rules shall be laid down taking into account the right to the protection of the victim's personality and other persons; the accredited body follows these rules.
2. The accredited entity shall have rules for the retention of documentation; the accredited body follows these rules.
3. The accredited entity shall keep documentation of rejected candidates for the provision of services and of the grounds for refusal.
4. The accredited entity shall have a rule that the contract for the participation of the victim in the Restorative Programme must be concluded in writing; the accredited body shall follow this rule.
(h) Other criteria
1. The accredited entity shall inform the victim of other accredited entities providing the Restorative Programmes and of the Probation and Mediation Service centres in the event that it does not provide the required type of service, the accredited entity shall inform the victim of other services if necessary, taking into account its needs.
2. Accredited subject supports victims in contact with the natural social environment.
2. Criteria governing staff security
(a) Criteria for staff and organisational reinsurance
1. The accredited entity shall have an internal organisational structure.
2. The accredited body shall have appropriate qualification requirements for each employee.
3. The structure and number of posts shall correspond to the objectives and scope of the services provided.
4. The accredited entity shall have internal rules for recruitment.
5. The accredited body for which the outsiders are active shall have rules for their operation in the provision of services which do not reduce the quality of the services provided.
(b) Criteria governing the professional development of staff
1. The accredited entity shall have rules for training new staff; the accredited body follows these rules.
2. The accredited body shall have rules for the regular evaluation of the competence of staff to identify their individual training needs; on the basis of that evaluation, it shall take the necessary measures.
3. The accredited entity shall have a programme of training and training of staff and outsiders in accordance with the needs of developing the quality of the services provided.
3. Criteria governing operational security
1. The accredited entity shall provide the service under material, technical and hygienic conditions which are appropriate to the type of service provided.
2. The accredited entity shall have defined emergency and emergency situations as well as rules on how to proceed in such situations; inform its staff of these rules.
3. Accredited entity shall keep documentation on emergency and emergency situations.
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Regulation Information
| Citation | Decree No. 119 / 2013 Coll., on standards of quality of services provided under the law on victims of crimes |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.05.2013 |
|---|---|
| Effective from | 05.06.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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