Act No. 129 / 2008 Coll.
Law on the performance of security detention and on the modification of certain related laws
Valid
Law
Effective from 01.01.2009
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
§ 5
HLAVA II
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 14a
§ 14b
§ 15
§ 16
§ 17
§ 18
HLAVA III
§ 19
§ 20
§ 21
§ 22
HLAVA IV
§ 23
§ 24
HLAVA V
§ 25
§ 26
HLAVA VI
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
HLAVA VII
§ 34
§ 35
§ 36
§ 37
HLAVA VIII
§ 38
§ 39
§ 40
§ 41
§ 42
ČÁST TŘETÍ
§ 44
㤠239
㤠351a
㤠353
㤠354
§ 355
§ 356
§ 357
ČÁST ČTVRTÁ
§ 45
㤠21
ČÁST PÁTÁ
§ 46
ČÁST ŠESTÁ
§ 47
ČÁST SEDMÁ
§ 48
ČÁST DESÁTÁ
§ 51
ČÁST JEDENÁCTÁ
§ 52
㤠373
ČÁST DVANÁCTÁ
§ 53
ČÁST TŘINÁCTÁ
§ 54
ČÁST ČTRNÁCTÁ
§ 55
ČÁST PATNÁCTÁ
§ 56
ČÁST ŠESTNÁCTÁ
§ 57
ČÁST SEDMNÁCTÁ
§ 58
ČÁST DEVATENÁCTÁ
§ 60
ČÁST DVACÁTÁ
§ 61
ČÁST DVACÁTÁ PRVNÍ
§ 62
§ 63
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129
THE LAW
of 19 March 2008
on the performance of security detention and on the amendment of certain related laws
Parliament has decided on this law of the Czech Republic:
PERFORMANCE OF SECURITY DETECTION
BASIC PROVISIONS
(1) This Act regulates the performance of security detention in institutions for the performance of security detention (hereinafter referred to as "the Institute '). The Constitution is established and repealed by the Minister of Justice and is administered by the Prison Service of the Czech Republic (" the Prison Service').
(2) The performance of security detention is monitored by the protection of society and by the therapeutic and educational influence on persons in the performance of security detention by means laid down in this Act and in specific legislation2).
(3) Security detention is carried out in a special security institution and with medical, psychological, educational, educational, rehabilitation and activity programmes.
(1) In the performance of security detention, persons shall be placed only on the basis of the court-ordered performance of security detention.
(2) Security detention may only be carried out in such a way as to respect the human dignity of a person in the exercise of security detention (hereinafter referred to as the "breeder"), is adequate to the individual of the inmate and limits the effects of deprivation of liberty; However, the protection of society must not be jeopardised.
(3) The inmate has the right to provide direct arrangements in the Institute, particularly for meals, accommodation, dressing. If the breeder requests the provision of health services, medicines and medical devices which are not covered by health insurance and do not conflict with the purpose of security detention, the costs thus incurred may be partially or entirely reimbursed by decision of the Director of the Institute.
(4) The prisoner must not be treated in a way that could adversely affect his health and it is necessary to use all available expertise and to promote the attitudes of the inmate, which, if possible, in relation to the health of the inmate, will initiate a decision in the inmate to undergo protective treatment.
Ensuring security detention performance
(1) The Director is entitled to give decisions and instructions to ensure the functioning of the Institute, to which the inmates must be informed and which are binding on them.
(2) The Director of the Institute shall, with the prior agreement of the Director-General of the Prison Service, issue the Institute's internal rules governing the day-to-day running of the Institute, the activities of the prisoners, their share in dealing with matters relating to life in the Institute and other matters, if this law so provides. The internal rules of the Institute shall take effect on the date specified therein, but first on the date on which it was declared in the Institute. The internal rules of the Institute shall be accessible to all staff and inmates in the Institute.
(3) In the Institute there are experts, such as psychologists, special educators and other experts, who provide for the purpose of security detention. The prison service to ensure the fulfilment of the purpose of security detention may cooperate in ensuring the operation of the Institute on the basis of an agreement with churches, religious societies and other entities.
(4) External and internal security of the Institute, inspection of received consignments to inmates, escort service, including related operations, and compliance with specified conditions of performance of security detention is ensured by the Prison Service.
(5) The supervision of the inmates shall be carried out by the staff of the Prison Service who are entitled to instruct them and to use only such restrictions and coercive and restrictive measures as provided for by this law or special legislature2). The prison service shall without undue delay inform the public prosecutor who shall supervise compliance with the legislation in the performance of security detention of the use of these restrictions and enforcement and restraint devices, not of the demonstration of an inmate outside the premises of the Institute.
(6
Placing of inmates in an institution
(1) When placed in an institution, an identification of the inmate with his rights and obligations under this law, with the internal rules of the Institute and with his right to submit applications for release from a security detention or for a change of security detention for protective treatment must be demonstrated. The instruction shall be conducted in a manner appropriate to the rational abilities of the inmate so that he can understand the lesson. This instruction shall also be received by the breeder in writing. A personal examination of the prisoner shall be carried out upon entry into the Institute.
(2) After entering the institution, the breeder is included in the receiving department. During his stay in the Admission Department, he is obliged to undergo an initial medical examination, the implementation of which will be ensured by the Institute.
They are separated by men from women, inmates under 19 years of age from adults and, as a rule, inmates with mental illness from others.
RIGHTS AND OBLIGATIONS OF MOVERS
General provisions
The inmates have the right to participate in the resolution of issues related to their stay in the Institute by submitting proposals and comments to the Director of the Institute.
Equality of rights
All inmates in the performance of security detention are entitled to the same rights under the conditions and to the extent laid down by this law.
Correspondence
(1) An inmate has the right to receive and send written communications (correspondence) to his cargo without restriction, unless otherwise provided for in this law.
(2) The prison service may carry out a check on the correspondence of the inmate; it is entitled to become familiar with its content. If the content of the correspondence gives rise to suspicion that a criminal offence is being prepared or committed, the Prison Service shall detain the correspondence and transmit it to the criminal authority.
(3) The Director of the Institute may decide, on a proposal from a professional staff member, that correspondence from a person shall not be transmitted to the inmate or that correspondence from the inmate addressed to a person shall not be sent. The breeder shall be informed of this decision and of its reasons without delay. According to the expert's assessment, the breeder may be informed of the safe part of the correspondence. If the reason for such a decision is lost, the Director of the Institute shall, on a proposal from a professional staff member, cancel the decision, which shall be notified without delay to the breeder. Unsent consignments shall be returned to the inmate, untransmitted consignments returned to the consignor with a brief explanation of the reason for not transmitting the correspondence. The Director of the Institute shall be obliged to examine whether the reasons for such a decision continue to exist, even without the request of the inmate, after 6 months after the date on which he decided in accordance with the first sentence.
(4) The restriction of correspondence or the control of correspondence between an inmate and a court appointed by a guardian, between an inmate and a lawyer or lawyer authorised to represent him, between an inmate and public authorities, the Ombudsman, the Ombudsman of children's rights, their representative or diplomatic mission or the consular office of a foreign State, or between an inmate and an international organisation bound by the International Convention to which the Czech Republic is bound, shall not be admissible. This correspondence shall be sent to the addressee and delivered without delay to the inmate.
(5) An inmate who cannot or cannot read or write, the Prison Service shall ensure that the correspondence received is read to him, or shall provide him with written assistance in writing to the public authorities, the Ombudsman, the child protection officer, their representatives, the international organisations referred to in paragraph 4 and in correspondence with a lawyer or lawyer authorised to represent him.
Use of telephone and other means of communication
(1) The inmates may be allowed to use a constitutional telephone and other constitutional means of communication, in particular in contact with persons close to the court appointed by the guardian or human rights authorities and organisations. An inmate has the right to use a constitutional phone to contact a lawyer or lawyer authorised to represent him. The cost of using the phone shall be borne by the breeder, unless the Director of the Institute decides otherwise.
(2) With the agreement of the Director of the Institute and under specified conditions, the breeder may use the constitutional Internet. However, the inmate is not entitled to hold and use his own telephone, radio and other means of communication in the institution.
(3) If a call is not made by a lawyer or lawyer who is entitled to represent the prisoner, or by the public authorities, the Ombudsman, the child's rights officer, their representative, or by a diplomatic mission or consular office of a foreign State, or by an international organisation which, under an international agreement to which the Czech Republic is bound, is responsible for dealing with initiatives relating to the protection of human rights, the Prison Service is entitled to familiarise itself in the form of a wiretap with the content of the call and to record it.
(4) The institution shall keep a record of the use of the phone by the inmate, including the date of the telephone call, the number called and the name of the person with whom the call was made. This record shall also record refusal of access to the phone.
Visits
(1) An inmate shall have the right to receive visits at least twice a week during his stay at the Institute for at least two hours at the time specified by the Institute's internal rules or by the Institute's Director.
(2) Visits by a lawyer or lawyer authorised to represent an inmate, a court-appointed guardian, spiritual (§ 11) and official persons shall not be subject to the restriction referred to in paragraph 1.
(3) The Director of the Institute may, on the recommendation of a medical institution, prohibit a visit to a particular person, if the status of the inmate so requires, and shall immediately inform the inmate and, if possible, the persons who were to participate. This decision, together with the reasons for it, shall be taken by an alert which shall be entered in the personal file of the inmate.
(4) If the breeder is temporarily placed in a medical facility outside the premises administered by the Prison Service, the conditions of the visit shall be discussed by the Director of the Institute with the medical facility.
(5) If the Director of the Institute does not provide for a higher number of persons, no more than four persons, including minors, may attend at the same time. Young children under the age of 15 may only attend visits accompanied by persons over the age of 18. The visit shall normally take place under the supervision of the Prison Service, possibly in the presence of a professional staff member.
(6) The Director of the Institute may authorise the visit of an inmate without visual and auditory control by the staff of the Prison Service in the premises designated for this purpose. Before the decision is taken, the doctor familiar with the current state of health of the inmate shall request an opinion.
(7) If a breeder or visitor seriously disrupts peace or order or endangers the life and health of persons in an institution, the visit shall be interrupted or terminated if necessary.
Spiritual services
(1) The right of inmates to provide spiritual services pursuing humanitarian objectives to the extent resulting from specific legislation3 is ensured.
(2) The Institute will enable inmates, as a rule, to participate in joint religious ceremonies at the time of their leave. Participation in religious ceremonies is voluntary. The period of joint religious ceremonies and other information on the provision of spiritual services includes the internal order of the Institute.
(3) Only those registered churches and religious societies which have been granted the right to exercise that right under special legislation (3) (hereinafter referred to as "the Church ') are entitled to perform spiritual services in the institutions.
(4) If the inmate asks to allow a visit to the churches of the authorised person, the institution shall notify him immediately.
(5) The Director of the Institute shall inform the Church of the authorised person of the obligation to comply with the legislation governing the performance of security detention and to comply with the internal rules of the Institute, as well as the time and programming regime of the inmates.
(6) The Director of the Institute shall be entitled to deny the possibility of carrying out a spiritual service to persons who have committed a breach of the obligations arising from the legislation governing the performance of security detention or persons who have infringed the legislation in the provision of a spiritual service in the Institute.
Satisfaction of cultural needs
(1) The inmates have the right to borrow books and printed matter from the Constitutional Library, to borrow and play social games and to use other means of cultural activities available in the Institute for these purposes.
(2) The Director of the Institute may, in justified cases, authorise inmates to purchase, send and use other items, in particular those which lead to the dissemination of his knowledge, assist in the successful execution of the programme or the effective use of leisure time, provided that they do not endanger health, disturb order and calm in the Institute, nor harass or restrict other inmates.
(3) The Director of the Institute may, on recommendation of a medical institution, prohibit the possession and use of certain books, printed matter and other matters, if necessary in view of the health status of the inmate. If the reason for such a decision is omitted, the Director of the Institute shall, on a proposal from the doctor, withdraw such decision, which shall be notified to the breeder without delay.
Additional purchases
(1) The constitutional shop serves for additional purchases of inmates. The breeder shall have the right to purchase food and personal items at the Institute, or items for interest and education or for the implementation of the relevant programme.
(2) If the goods cannot be purchased at the Institute's store, purchase through the Institute's administration is ensured.
Acceptance of packages
(1) An inmate has the right to accept a package of durable food and personal goods up to 5 kg once every three months.
(2) The breeder has the right to receive without restriction packages containing linen, clothing, footwear, books and printed matter, as well as consignments containing the items necessary for the implementation of the programme in question, as well as the needs for further training or interest.
(3) Packages are subject to inspection by the staff of the Prison Service. Packs can be handed over to the inmate via the Prisoner Service employee, who will carry out their inspection, also when visiting. Inhabitants shall not be given items which are contrary to the purpose of the security detention or which are not allowed to carry, in particular those which could endanger the life and health of their own or other persons. Untransmitted cases shall be sent back to the consignor at the expense of the inmate unless the Director of the Institute decides otherwise.
(4) If the contents of the package or the untransmitted part of the package are based on a reasonable suspicion of an offence or other administrative offence, the package or the untransmitted part of it shall be transmitted, together with the notification, to the authority of the Police of the Czech Republic or to another competent authority, and if there is a suspicion of a criminal offence, to the competent law enforcement authority.
Receipt and handling of money
(1) Paragraphs 25 and 25a and Title II, Part 5, of the Act on the execution of prison sentences shall apply mutatis mutandis to the receipt and handling of money, including the implementation of deductions from deposited money.
(2) An inmate who works in the performance of a security detention operation and an inmate who has been deducted from his money held in the account of the institution in which the institution keeps the money of the inmate (hereinafter referred to as the "special account"), the Institute shall, once a calendar month within the period laid down by the internal rules of the Institute and the other inmates once a calendar month upon request, provide information on the amount of the balance in the special account on the date of drawing up the information, including an indication of the amount of the amount which the inmate may freely dispose of, the amount of the deposit and of the deductions made. The information referred to in the first sentence shall also be provided by the Institute at the end of the performance of the security detention.
(3) If the breeder has entered the prison sentence or custody after the performance of the security detention, the handling of the money in the special account shall apply mutatis mutandis to Section 39l of the Act on the execution of the prison sentence.
Social allowance
(1) If the breeder does not have, on the date on which, under the Institute's internal rules, the remuneration is to be broken down, the special account deposited with which he can freely dispose, amounting to at least the amounts laid down in the Ministry of Justice Order, shall be provided by the Institute to the breeder of the social allowance in such a way that he has in the special account the money he can freely dispose of, equivalent to that amount.
(2) Social allowance granted at the time when the breeder was a pensioner of a pension pension or similar cash benefits paid from another State or international organisation (hereinafter referred to as "pension") or a retirement allowance or similar cash benefits paid from another State or international organisation (hereinafter referred to as "service allowance") which was not sent to the institution shall be payable back to the breeder. The duties referred to in the first sentence shall be decided by the Director of the Institute; the breeder may, within 3 days of receipt, lodge a complaint with the Director of the Institute which issued the decision. The complaint has no suspensive effect. The Director-General of the Prison Service or his authorised staff shall decide on the complaint. Paragraph 36a of the Act on the execution of a custodial sentence shall apply mutatis mutandis to the administration of the payment of the social allowance which the inmate is obliged to return and for the satisfaction, enforcement and termination of the claim for repayment of that allowance.
(3) Social allowance is provided by the Institute on the dates set by the Institute's internal rules.
Protection of rights
(1) Persons who come into contact with the inmates are required to ensure that the rights which the inmates have in the exercise of security detention are respected.
(2) The breeder may lodge complaints and requests to the authorities responsible for the exercise of his rights and legitimate interests; the complaint or, where applicable, the request must be sent without delay to the authority to which it is addressed. The Director of the Institute shall determine the range of staff of the Prison Service responsible for the receipt and dispatch of complaints and requests and shall establish the conditions for the submission of complaints and requests by the inmates in order to prevent them from being treated by non-authorised persons.
(3) The staff of the Prison Service shall without delay inform the court of the designated guardian, the director of the Institute, the public prosecutor who shall supervise compliance with the law in the performance of the security detention, the judge, the Ombudsman, the Ombudsman, the children's ombudsman or their representative or the institution which shall exercise control of the Institute, the request of the prisoner for an interview and, at their request or instruction, allow such a conversation in the Institute.
(4) The Institute shall without delay inform the Prosecutor who shall supervise compliance with the law in the performance of the security detention when a security detention occurs.
(a) death of an inmate;
(b) attempted suicide,
(c) to self-harm an inmate with a direct threat to his life or with a presumption of injury which, by violating normal physical or mental functions, makes it difficult for an inmate to live for at least 7 days the usual way of life and which requires medical treatment or to attempt such self-harm;
(d) to act by which another person may have caused death or caused or could have caused harm to his health which, by violating normal physical or mental functions, makes it difficult for at least 7 days of his normal life and which requires medical treatment;
(e) to a physical attack by an inmate against a staff member of the Prison Service in the performance of his or her duties or duties, to another person who is located in the premises or premises of the Prison Service, the Court, the Prosecutor, the Ministry or at the places of his or her activity, or against another person during an escort or demonstration of an inmate;
(f) the mutiny or other resistance of a group of inmates against the obligation imposed by this law or on its basis by the internal rules of the Institute, or against an order or order issued by an employee of the Prison Service;
(g) the conduct by which an inmate or an inmate has been misused by an officer of the Prison Service or by an employee of the Prison Service who has been misused by an official or bribery authority;
(h) to escape the inmate or any other serious act by which he has thwarted or significantly impeded the performance or purpose of the security detention; or
(i) a continuous refusal of a parent's diet for at least 5 consecutive days.
(5) An inmate has the right to legal aid by a lawyer or lawyer authorised to represent him.
(6) The Institute will allow the staff of the municipality with extended competence to be assigned to the municipal office responsible for providing social and legal protection for children in the exercise of his authority to visit and speak to an inmate under the age of 18 without the presence of a third party. These visits shall not count until the time of the visits referred to in Article 10 (1).
Restrictions and waivers of certain rights
(1) For the duration of the performance of the security detention, the inmates shall be subject to the necessary restrictions on certain rights and freedoms, the exercise of which would be contrary to the purpose of the performance of the security detention, or which cannot be exercised due to its performance.
(2) During the period of performance of the security detention, the inmates may not carry out
(a) the right to strike;
(b) rights related to their membership in political parties, political movements and other associations;
(c) the right to undertake or pursue other economic activities;
(d) the right of free choice of the provider of health services and medical facilities;
(e) the right to establish political parties, political movements and other associations;
(f) the right to exercise elected and other public functions.
Basic obligations of inmates
(1) The breeder is obliged
(a) maintain the provisions of the Institute's internal rules;
(b) comply with the instructions and orders of the staff of the Prison Service and of professional staff;
(c) to participate in programmes to which it has been included and to carry out the tasks arising therefrom, in particular to submit to a therapeutic detoxification programme, where it has been included;
(d) to treat the entrusted goods with care and not to harm foreign property;
(e) comply with the principles of decent conduct with persons in contact with;
(f) comply with the safety and health guidelines and regulations as well as with the fire protection measures and guidelines with which he has been duly informed.
(2) The inmate is also obliged to:
(a) to undergo a personal search in order to ensure internal order in the Institute and to prevent him from carrying a thing which would undermine the purpose of the security detention; a person of the same sex shall always carry out a personal inspection;
(b) to allow Prison Service employees to check their personal effects,
(c) undergo a preventive periodic, emergency and exit medical examination to the extent specified by the doctor, including the necessary expert and laboratory examinations and vaccination, and the measures laid down by public health authorities;
(d) suffer the actions relating to its identification and submit to the actions necessary for the processing of the comprehensive report;
(e) notify the staff of the Prison Service without delay of their illness or injury;
(f) notify immediately the staff of the Prison Service of circumstances which may cause a serious threat to his or her safety, the safety of another inmate, another person or institute;
(g) submit to the measures necessary to prevent the abuse of addictive substances in an institution;
(h) respect the principles of hygiene;
(i) to notify the Institute without delay of the fact that it is the recipient of a pension or a service allowance and, where the pension or service allowance is paid from another State or international organisation, to ensure that it is also sent to a special account;
(j) to hand over to the institution any items the possession of which is contrary to the purpose of carrying out security detention;
(k) to cover the costs of health services provided at his request in order to maintain or improve his health status beyond those covered by public health insurance or from the state budget beyond the international agreements by which the Czech Republic is bound.
(3) An inmate may not:
(a) to produce, retain and consume alcoholic beverages and other addictive substances, to manufacture and store objects which could be used to endanger the safety of persons and property or to escape, or which by their quantity or nature could interfere with order or harm health;
(b) use medicines without the indication or consent of the Institute's physician;
(c) to retain and disseminate printed matter or material promoting national, ethnic, racial, religious or social intolerance, a movement to suppress the rights and freedoms of man, violence and roughness, as well as printed matter or materials containing a description of the manufacture and use of addictive substances, poisons, explosives, ammunition, weapons and ammunition, or other dangerous substances or articles;
d) play games for money, things, services or other acts;
(e) tattoo yourself or another person or get a tattoo;
(f) intentionally harm itself;
(g) without the consent of the Director of the Institute to sell, exchange and donate the items held in the Institute;
(h) smoke outside the designated premises;
(i) carry cash during the performance of the security detention.
(4) For an inmate who is wrongfully refusing to fulfil his duties and who is not sufficient to remedy him, the Prison Service may, to the extent necessary, use the funds authorised by this law or by special legislation, taking into account, mutatis mutandis, the inmate's person and his reasonable abilities.
Liability for damage
(1) Unless otherwise specified, liability for damage caused during the performance of the security detention and conditions under the Civil Code shall be governed.
(2) An inmate who works in an institution is responsible for the damage caused to the Prison Service by a breach of his or her duties in the performance of his or her duties, to the extent and under conditions laid down by specific legislation applicable to staff members in employment.
(3) The Prisoner shall be responsible for any damage caused by the inmates in the performance of their duties or in the direct connection with the performance of those tasks under the special legislation. Similarly, the inmate shall be responsible for damage caused by accidents at work or occupational diseases, damage caused by postponement and when the damage is averted.
(4) Cleaning work, other similar work needed to ensure the normal operation of the Institute and work therapy shall not be regarded as a liability for the performance of the tasks.
(5) If the inmate has caused damage to the property of the State with which the Prison Service operates, and the amount of damage does not exceed CZK 10,000, he will decide on the obligation to compensate the director of the Institute. The breeder may lodge a complaint against the decision of the Director of the Institute within 3 days of its notification, which shall be decided by the Director-General of the Prison Service or by his authorised staff member of the Prison Service. Submission of a complaint shall have suspensory effect.
(6) Paragraph 36a of the Act on the execution of a custodial sentence shall apply mutatis mutandis to the administration of the compensation referred to in paragraph 5 and to the satisfaction, enforcement and termination of the claim for compensation.
HEALTH SERVICES AND SOCIAL CONDITIONS
Medical services
(1) Health services in the Institute are provided on the basis of a contractual relationship with the health service provider or provided by the Prison Service under a special legislation2).
(2) An inmate has the right to health services within the scope and under the conditions laid down by special legislation4) or by this Act (§ 2 (3)), taking into account the restrictions resulting from the purpose of the detention.
Social conditions
(1 In so far as this allows the operation of the Institute, account shall be taken of the requirements of their cultural and religious traditions. The primary means of personal hygiene shall also be provided to the inmates.
(2) Each inmate must have a bed, chair and space for storing personal items.
(3) The clothing of the inmates must correspond to weather conditions and must protect their health sufficiently. The breeder shall have the right to use his or her own clothing, linen and footwear, provided that they meet the health conditions and that he or she has ensured that they are replaced at his or her own expense. Without these conditions they must wear constitutional clothing, linen and footwear. In this case, he will hand over his own clothes, clothes and shoes to the safe house.
(4) An eight-hour sleep time is provided daily for the inmates during the rest of the day, the time needed for personal hygiene, cleaning and meals, at least one hour 'walk and adequate personal leave.
(5) The institution shall inform the person designated by the inmate of the admission of the inmate to a hospital providing institutional care without delay. If the inmates have been appointed by the court as guardian, the Institute shall also inform them of their acceptance. The Institute shall always inform the designated person or person close by the inmate without delay in the event of the death of the inmate.
Social services
The Institute will allow the competent public authorities to provide social services to inmates to assist them in creating favourable conditions for their future independent life at liberty.
Training of inmates
(1) An inmate who is qualified to do so and is in a state of health shall be allowed to receive basic education, possibly secondary education, in the relevant training programme, or to participate in other forms of education which enable him to obtain or increase his qualifications.
(2) A young inmate who has not successfully completed primary school education is always allowed to receive basic education on a course for basic education. The Director of the Institute shall decide, on the basis of written observations by the doctor or psychologist, to include the juvenile inmate in the relevant training programme.
EMPLOYMENT
Conditions for the employment of inmates
(1) An inmate who is not included in the work therapy programme may, at his request, be allowed to work in an institution.
(2) Only such work which, taking into account its medical fitness, may be offered to the inmate may be carried out safely, exclusively at the premises of the Institute.
(3) The Institute ensures the remuneration of inmates for their work.
(4) Infants must not work with narcotic or psychotropic substances or poisons or other substances which may cause increased risk of harm to health or damage to property.
(5) The working conditions of the inmates shall be governed by specific legislation applicable to staff members in employment with restrictions arising from the meaning and purpose of the security detention.
(6) The cleaning and other similar activities needed to ensure the day-to-day operation of the Institute, which is generally carried out by all inmates, are not included in the working time. These activities shall be carried out by the inmates without entitlement to the remuneration and shall not be ordered at the expense of the time needed to rest the inmates.
(7) The Institute creates conditions for inmates to expand their skills.
Labour remuneration
The remuneration of inmates for work shall be governed by specific provisions governing the remuneration of sentenced persons in the performance of prison sentences.
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
§ 5
HLAVA II
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 14a
§ 14b
§ 15
§ 16
§ 17
§ 18
HLAVA III
§ 19
§ 20
§ 21
§ 22
HLAVA IV
§ 23
§ 24
HLAVA V
§ 25
§ 26
HLAVA VI
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
HLAVA VII
§ 34
§ 35
§ 36
§ 37
HLAVA VIII
§ 38
§ 39
§ 40
§ 41
§ 42
ČÁST TŘETÍ
§ 44
㤠239
㤠351a
㤠353
㤠354
§ 355
§ 356
§ 357
ČÁST ČTVRTÁ
§ 45
㤠21
ČÁST PÁTÁ
§ 46
ČÁST ŠESTÁ
§ 47
ČÁST SEDMÁ
§ 48
ČÁST DESÁTÁ
§ 51
ČÁST JEDENÁCTÁ
§ 52
㤠373
ČÁST DVANÁCTÁ
§ 53
ČÁST TŘINÁCTÁ
§ 54
ČÁST ČTRNÁCTÁ
§ 55
ČÁST PATNÁCTÁ
§ 56
ČÁST ŠESTNÁCTÁ
§ 57
ČÁST SEDMNÁCTÁ
§ 58
ČÁST DEVATENÁCTÁ
§ 60
ČÁST DVACÁTÁ
§ 61
ČÁST DVACÁTÁ PRVNÍ
§ 62
§ 63
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Regulation Information
| Citation | Act No. 129 / 2008 Coll., on the performance of security detention and on the modification of certain related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.04.2008 |
|---|---|
| Effective from | 01.01.2009 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Social security benefits
Culture
International law
International private law
International public law
Civil law
Civil law substantive
Civil law of procedure
Labour relations
Labour law
Social security law
Education, Education, Education
Social Services, Social Assistance
Judicial and Public Prosecutor's Office
Administrative offences
Administrative law
Government
Criminal law
Criminal law substantive
Criminal law
Constitutional (state) law
General internal administration
Fundamental human rights
Health
Minimum of life, Emergency
The regulation text is for informational purposes only.
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