Decree of the Ministry of Justice No. 154 / 1997 Coll.
Decree of the Ministry of Justice on deductions from the remuneration of persons who are in the exercise of the sentence of imprisonment and on the enforcement of decisions by deductions from the remuneration of such persons and inmates of special educational establishments
Valid
Order
Effective from 10.07.1997
Text versions:
10.07.1997
Contents
154
DECLARATION
Ministry of Justice
of 18 June 1997
on deductions from the remuneration of persons who are in the exercise of a custodial sentence and on the enforcement of decisions by deductions from the remuneration of those persons and inmates of special educational establishments
The Ministry of Justice shall determine, pursuant to Articles 29 (2), (4) and (5) and 65 of Act No 59 / 1965 Coll., on the execution of the prison sentence, as amended, § 152 (2) of the Criminal Code No 141 / 1961 Coll., as amended, and § 373 of the Civil Code No 99 / 1963 Coll., as amended:
Deductions from the sentenced's remuneration
Types of precipitation
(1) The remuneration of the sentenced person responsible under Paragraph 29 (1) of the Act on the execution of a custodial sentence (hereinafter referred to as "the law") to a person who is in the execution of a custodial sentence (hereinafter referred to as "the sentence") and who has been placed in work (hereinafter referred to as "the sentenced") shall be considered to be the gross remuneration of the sentenced person reduced under the special provisions (1) concerning:
(a) social security contributions and contributions to national employment policy;
(b) general health insurance premiums;
(c) an advance on income tax.
(2) The remuneration of the sentenced person reduced in accordance with paragraph 1 shall be used by prisons and detention prisons (hereinafter referred to as "prisons") to pay maintenance for the children of the sentenced person, to pay the costs of the execution of the sentence, to pay further deductions and to pay the allowance and storage allowances.
(3) The remuneration of the sentenced person after the reduction referred to in paragraph 1 shall be distributed to the prisons before any precipitation resulting from the following provisions is carried out:
(a) the basic component of the remuneration, including overtime and other allowances (hereinafter referred to as reduced remuneration);
(b) performance evaluation, 2)
in the same proportion as those components had in the gross remuneration of the convicted person before the precipitation referred to in paragraph 1. If the sentenced person has not been granted an evaluation of the performance of his duties, the further reductions provided for shall be made only on reduced remuneration.
Reductions to cover routine maintenance of dependent children
(1) A deduction shall be made from the sentenced's remuneration to cover routine maintenance for the children of the sentenced who are unable to feed themselves (hereinafter referred to as "uninsured children '), in the range of 30% of the reduced remuneration. The same amount shall be deducted for each child not provided, but not more than 700 CZK, unless paragraph 3 otherwise applies.
(2) Deductions shall be carried out on the basis of a judgment of the Court of First Instance ordering the enforcement of a judgment on the remuneration of the sentenced ("enforcement") or, if the enforcement of the judgment is not ordered, at the request of the sentenced or of the person in whose custody the child is, at the request of the elderly child, or at the request of the youth establishment in which the uninsured child is located.
(3) Where maintenance is enforced in excess of the deduction referred to in paragraph 1, the outstanding difference shall be considered as a claim for which further reductions are made in accordance with Article 5 (1); if the normal maintenance is lower in such a way, the remaining difference shall be transferred to the amount for further reductions (Article 5 (2)).
(4) Where there is no maintenance obligation on a sentenced person to dependent children, the reduction shall be deducted from the reduced remuneration carried out in accordance with the first sentence of paragraph 1.
(a) 10% to cover the costs of execution (Paragraph 3 (1));
(b) 7% to cover further reductions (Section 4 (1)),
(c) 13% to cover the deductions referred to in Article 5 (1).
Reductions to cover the costs of execution
(1) A reduction in the cost of the execution of the sentence shall be made at the rate of 48% of the reduced remuneration and at the rate of 10% of the value of the performance but not exceeding the amount fixed for the first group of the basic component of the remuneration. 2)
(2) The unused amount for the deduction referred to in paragraph 1 shall be used for the reimbursement of claims under Paragraph 2. If the sentenced person does not have claims under § 2, it shall be used for the reimbursement of claims under § 4.
(3) A reduction to cover the costs of the pension penalty shall be made at the rate of 50% but not exceeding the amount fixed for the first group of the basic component of the remuneration. 2)
Other precipitation
(1) The reduced remuneration shall be reduced by a reduction of 7% and an assessment of the performance of the work shall be made by a reduction of 10% in order to cover the claims arising from the imposition of an obligation to pay the costs of the detention, the costs of the execution of the sentence under Paragraph 65 of the Act and to compensate for the damage caused to the property of the Czech Prison Service ("the Prison Service ').
(2) The reduction referred to in paragraph 1 shall be increased by the amount not spent to be deducted under Paragraph 5 (1).
(3) Deductions for claims referred to in paragraph 1 shall be made on the basis of:
(a) the enforcement of a judgment ordered by a court or authority, 3)
(b) an enforceable decision by a public authority to impose an obligation to pay the costs of the execution of the sentence pursuant to Article 65 of the Act, to determine the amount of the costs of the execution of the custody or to impose an obligation to pay damages under Article 32 of the Act,
(c) withholding agreements on the reward of a convicted person concluded between the sentenced and the prison; the agreement must be concluded in writing, otherwise it shall be void.
(4) The order of rainfall in respect of the claims referred to in paragraph 1 shall be governed by the date on which the decision of the competent authority or the agreement was delivered to the prison, or, where appropriate, by the date of conclusion of the agreement, if any, by an agreement between the prison and the sentenced. If several claims are in the same order and a collision is not sufficient to satisfy them fully, they shall be satisfied in proportion. The order that the claim was received by the previous payer remains in prison.
(1) A 5% haircut shall be made on the reduced remuneration and a 10% haircut shall be made on the performance assessment
(a) the amounts affected by the enforcement of the decision ordered by the court or authority of the State;
(b) the amounts forfeited by the State as a result of the final penalty imposed, and the compensation (4) imposed on the sentenced person by an enforceable decision of the competent authorities;
(c) overpayments on sickness insurance benefits, where the sentenced is obliged to return them on the basis of an enforceable decision under the sickness insurance legislation;
(d) the part of the social security benefits which have been unlawfully received if the sentenced is obliged to return them on the basis of an enforceable decision under social security legislation;
(e) the amounts of the parental allowance which the sentenced is obliged to repay on the basis of an enforceable decision under the parental allowance law;
(f) the amount of the general health insurance premium in the absence of a convicted person in employment, paid by the payer for the sentenced for that period, 5)
(g) claims secured by a wage or other income withholding agreement under Section 246 of the Labour Code.
(2) The reduction referred to in paragraph 1 shall be increased by the outstanding amount for the reductions referred to in Article 2 (1) and (3) as well as for the reductions for the claims referred to in Article 4 (1).
(3) Paragraph 4 (4) shall apply to the ranking of the deductions for claims referred to in paragraph 1.
(4) Where reductions are made to cover the preferential claims referred to in Section 279 of the Civil Code, they shall be made from the amount determined in accordance with paragraphs 1 and 2 in such a way that, for the first half of that amount, they shall be satisfied without account being taken of the ranking of the maintenance claim and only after the order of the other preferential claims. If this half is not sufficient to satisfy all maintenance claims, the maintenance of all the entitled and then the maintenance due shall be satisfied first, according to the maintenance ratio. However, if the normal maintenance of all eligible persons has not been so satisfied, the amount determined shall be distributed in proportion to the amount of the maintenance. Priority claims which have not been met by the first half of the amount determined in accordance with paragraphs 1 and 2 and other claims shall be met by the second half of that amount. Where the first half of the amount determined in accordance with paragraphs 1 and 2 is not fully used up to cover the preferential claims, the second half shall be increased by its unspent part.
Pocket
(1) The allowance amounts to 6% of the reduced remuneration and, where the sentenced has been awarded an evaluation of the performance of his duties, shall be increased by 60% of that amount.
(2) Convicted persons who are not assigned to work due to age (older pension age), medical condition or lack of job opportunities may be granted social allowance, up to a maximum of CZK 60 per month, provided that they have no other income or financial cash, mainly for work carried out in detention and execution. 6)
(3) The social allowance (paragraph 2) is granted to safeguard the necessary personal needs of the sentenced person only if it is not possible to ensure such matters by other means.
Storage
(1) The fee is 4% of the reduced remuneration and, where the sentenced has been awarded an evaluation of the performance of his duties, shall be increased by 10% of that amount.
(2) The charges are increased by the outstanding amounts for further reductions provided for in Sections 4 and 5 and all amounts resulting from rounding (Section 13).
(3) With part of the deposit fee over 2000 CZK, the sentenced person may dispose to the extent specified by the warden of the prison. Up to an amount of CZK 2000, the storage fee is tied to the need of a convicted person when he is released from prison; the exceptions are laid down by the Director-General of the Prison Service by internal regulation.
(4) The cost of the execution of the sentence calculated in accordance with Section 8 and imposed on the basis of the decision of the warden of the prison shall also be reimbursed if the claim is not paid by deductions from the sentence; such compensation may be made on an ongoing basis in the execution of the sentence.
(5) If the sentenced person is not sufficient to meet the necessary needs when he is released from the sentence, he may be granted up to CZK 2000. The decision to grant that allowance shall also take into account, inter alia, whether and to what extent reductions have been made to the defendant to cover the costs of the execution of the sentence pursuant to Article 3 (1).
Reimbursement of penalty costs
(1) The daily rate of the cost of the execution of the sentence for the period during which the sentenced by his guilt caused that these costs could not be paid by deductions from his remuneration (Paragraph 65 (1) of the Act) is CZK 100.
(2) The period referred to in paragraph 1 shall be considered as the days in which the sentenced person has not worked without a legitimate reason and the days during which he has been deprived of the sickness or has been excluded from the right to sickness, including subsequent working days. Until that time, the days on which the sentenced person did not work are also counted on the grounds that he was sentenced to disciplinary punishment, the performance of which did not allow him to enter employment.
(1) The decision on the obligation to pay the costs of the execution of the sentence under Paragraph 65 (1) of the Act shall be taken by the warden.
(2) The Director-General of the Prison Service shall decide on the appeal against the decision referred to in paragraph 1.
(3) Recovery of the costs of execution under Paragraph 65 (1) of the Act may be waived on a permanent basis if this requires an interest in rectification or rectification of the sentenced or if the sentenced has died or been expelled or extradited.
Reimbursement of the costs of enforcement
(1) The daily rate of execution costs is CZK 80.
(2) Reimbursement of the costs of the exercise of custody shall not be required for the period during which the person in the exercise of custody is granted constitutional (hospital) care.
(3) The deduction to cover the cost of the pension relationship is made at the rate of 50%, but not more than CZK 2400 per month. In the event of a different monthly length of the bond, the total amount of compensation for the costs of the execution of the bond shall be adjusted proportionately.
(1) The decision on the amount of the costs of the execution of the detention shall be taken by the warden of the prison, on the basis of a final decision by the court which has imposed an obligation on the sentenced person to pay the costs of the execution of the detention. 7)
(2) The Director-General of the Prison Service shall decide on the appeal against the decision referred to in paragraph 1.
(3) Recovery of the costs of execution may be waived on a permanent basis if this requires an interest in rectification or rectification of the sentenced or if the sentenced has died or been expelled or extradited.
Enforcement of decisions by withholding from remuneration for the work of inmates of special educational establishments
In the course of the execution of the decision by deduction from the remuneration of the prisoner of the special educational establishment, the amount to be paid for the partial reimbursement of the costs shall be deducted from the remuneration of the prisoner of the special educational establishment and the remainder shall be rounded down to an amount divisible by three, expressed in whole crowns. Only one third of this amount may be deducted to satisfy the recovery claim. However, for the preferential claims referred to in Section 279 (2) of the Civil Code, a second third may be brought down if one third is insufficient to satisfy or cannot be satisfied from the first third because they are in worse order than other claims. If it also comes from the second third, it shall satisfy itself, irrespective of the order of the maintenance claim and the other priority claims in accordance with its order. Third period doesn't collide. Otherwise, the general provisions of the Civil Code on the enforcement of the decision shall be applied to the execution of the decision by deductions from remuneration for the work of an inmate of a special educational establishment.
Common and final provisions
(1) Deductions from the remuneration of the sentenced person are made during the calendar month, even if the sentenced person has been assigned to work during that period at several workplaces or has been transferred to another prison. The amount of precipitation shall be rounded down to the whole crown.
(2) Remuneration of the sentenced shall be due in arrears for the monthly period at the latest in the following calendar month.
(3) Reductions to cover maintenance of dependent children are sent to an account with the bank of the Czech Republic or are shown by postal order to the recipients of maintenance. The beneficiary of the maintenance (entitled or his legal representative or special consignee) shall indicate in the application for a reduction to be made in respect of dependent children, which of these methods is to be paid.
(4) The provisions of the Special Law on the Enforcement of Judgments by Reductions from Retirement (Sections 3 and 10) apply to the enforcement of decisions by Retirement Reductions. 8)
(1) If the person against whom the judgment has been ordered to be enforced by means of salary reductions takes enforcement of the sentence, the provisions of paragraphs 293 to 295 of the Code of Civil Procedure shall be treated as a change of the payer, and the wage of the debtor shall be deemed to be the remuneration of the defendant, provided that, under that decree, he can serve to satisfy the debt recovered.
(2) If the sentenced person has been transferred to another prison, the prison shall continue to execute the decision by withholding its remuneration; This change does not affect the order of recovery.
(3) The transfer of a sentenced person to another prison shall not be regarded as a change in the payer of the sentenced person's remuneration. 9)
(4) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis in cases where the person referred to in paragraph 12 has been transferred to another special educational establishment.
The Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations) shall apply to proceedings under this Order.
Decree of the Ministry of Justice of the Czech Republic No. 426 / 1991 Coll., on deductions from the remuneration of persons in prison and on the execution of decisions by deductions from the remuneration of those persons and inmates of special educational establishments, is hereby repealed.
Deductions from the remuneration of the sentenced under this Order shall be made from 1 July 1997.
This decree shall take effect on the day of its publication.
Minister:
JUDr. Parkan v. r.
1) Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended. Act No. 592 / 1992 Coll., on Insurance for General Health Insurance, as amended. Act No. 586 / 1992 Coll., on Income Taxes, as amended.
2) Government Decree No. 91 / 1997 Coll., on the amount and conditions of remuneration of sentenced persons in employment in the execution of prison sentences.
3) Article 251 et seq. of the Civil Code, as amended. § 71 et seq. of Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulation).
4) E.g. § 156 of the Penal Code, as amended.
5) Act No. 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain related regulations.
6) In particular Act No. 155 / 1995 Coll., on Pension Insurance, as amended, § 6 (1) and § 7 (1) and (2) of this Order, § 20 of the Decree of the Ministry of Justice No. 110 / 1994 Coll., which gives rise to the order of execution of the custodial sentence, as amended.
7) § 155 of the Code of Criminal Procedure.
8) § 276 et seq. of the Civil Code.
9) Articles 293 to 296 of the Civil Code.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 154 / 1997 Coll., on deductions from the remuneration of persons who are in the exercise of the sentence of imprisonment and on the execution of decisions by deductions from the remuneration of those persons and inmates of special educational establishments |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.07.1997 |
|---|---|
| Effective from | 10.07.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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