Decree No. 135 / 2005 Coll.
Ordinance amending Decree No. 10 / 2000 of the Ministry of Justice Coll., on deductions from the remuneration of persons who are employed in the performance of the sentence of imprisonment, on the enforcement of decisions by deductions from the remuneration of those persons and inmates of special educational establishments and on the reimbursement of other costs, as amended by Decree No. 94 / 2001 Coll.
Valid
Order
Effective from 01.05.2005
Text versions:
01.05.2005
08.04.2005
135
DECLARATION
of 31 March 2005
amending Decree No 10 / 2000 of the Ministry of Justice Coll., on deductions from the remuneration of persons who are employed in the execution of the sentence of imprisonment, on the enforcement of decisions by deductions from the remuneration of those persons and of the inmates of special educational establishments and on the payment of other costs, as amended by Decree No 94 / 2001 Coll.
The Ministry of Justice, pursuant to § 33 (2) and (5), § 35 (1) of Act No. 169 / 1999 Coll., on the execution of a custodial sentence and on the amendment of certain related laws, as amended by Act No. 52 / 2004 Coll., (hereinafter referred to as "the Act '), § 152 (2) of Act No. 141 / 1961 Coll., on criminal proceedings (the Code of Criminal Procedure), as amended, and § 373 of Act No. 99 / 1963 Coll., Civil Code of Procedure, as amended:
Decree No 10 / 2000 Coll., on deductions from the remuneration of persons who are employed in the execution of the sentence of imprisonment, on the enforcement of decisions by deductions from the remuneration of those persons and of the inmates of special educational establishments and on the payment of additional costs, as amended by Decree No 94 / 2001 Coll., is hereby amended as follows:
1. Paragraph 2 (6) is deleted.
2.
Reductions to cover the costs of execution
(1) Reductions to cover the costs of execution of the sentence, which the sentenced person performs, shall apply 40% of the net remuneration, up to a maximum of CZK 1,500 per calendar month.
(2) The unused amount to cover the costs of the execution of the sentence referred to in paragraph 1 shall be converted into application in accordance with Sections 2, 4 and 5. '
3. in Paragraph 4 (1) (c), "(j)" is replaced by "(k)";
4. In Article 4 (4), the number ", 3 'is deleted.
5. In Article 5 (3), the number ", 3 'is deleted.
6. In Article 6, paragraphs 2 and 3, including footnote 11, are deleted.
Paragraph 4 shall become paragraph 2.
7. In Paragraph 6 (2), "paragraph 4 'is replaced by" paragraph 2';
8. In Paragraph 7 (2), "paragraph 4 'is replaced by" paragraph 2';
9. Paragraph 7 (4) reads as follows:
"(4) Upon completion of the obligation imposed under paragraph 3, the sentenced person may use a portion of the deposit exceeding CZK 2 000 to cover medical care, including medicinal products recommended by the doctor, maintenance to whom he is obliged to provide maintenance, to support his family and to fulfil his obligations under § 4 (1) (c). A portion of the storage fee referred to in the previous sentence may also be sent by the sentenced person to his relatives and to other close persons and persons who regularly visit him or use him or her to buy food and personal goods or to donate him or her for charitable purposes. ';
10. In Article 7, the following paragraph 6 is inserted after paragraph 5:
"(6) The cost of sending storage money shall be borne by the storage account, unless the sentenced has otherwise paid it. ';
11. The heading of Part Two reads:
REIMBURSEMENT OF THE PERFORMANCE COSTS OF THE PRESENT FROM OTHER REVENUE AND MONEY WHICH HAVE BEEN CONSIDERED IN PRISON '.
12.
Reimbursement of costs of execution in other cases
(1) The amount to be recovered shall also be fixed for the sentenced person who:
(a) is the beneficiary of a pension, a service allowance or a service allowance ("pension");
(b) has, in addition to the salary, a taxable income;
(c) he has money stored in prison.
(2) Reimbursement of the costs of the execution of the sentence (Paragraph 35 of the Act) for the sentenced persons who do not pay those costs on the net remuneration provided for in Section 3 shall be prescribed at the same rate as for the convicted persons employed. The payment of the costs of execution shall be determined on the basis of the net remuneration and other sources of income referred to in paragraph 1, but not more than CZK 1,500 per calendar month.
(3) The total amount of pension and, in the case of taxable income, the actual amount after tax shall be used as a basis for calculating the amount of payment of the costs of the sentence.
(4) Reductions on the costs of the execution of the sentence shall not be made on the basis of an amount which has been credited to the sentenced as social allowance or which has been credited as remuneration under Law 11a).
11a) § 16 paragraph 7, § 45 and 63 of Act No. 169 / 1999 Coll. '
Efficacy
This decree shall take effect on the first day of the month following its publication.
Minister:
JUDr.
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Regulation Information
| Citation | Decree No. 135 / 2005 Coll., amending Decree No. 10 / 2000 of the Ministry of Justice Coll., on deductions from the remuneration of persons who are employed in the execution of the sentence of imprisonment, on the enforcement of decisions by deductions from the remuneration of those persons and inmates of special educational establishments and on the reimbursement of other costs, as amended by Decree No. 94 / 2001 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.04.2005 |
|---|---|
| Effective from | 01.05.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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