Act No. 157 / 2013 Coll.
Act amending Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended
Valid
Law
Effective from 01.09.2013
Text versions:
01.09.2013
21.06.2013
157
THE LAW
of 2 May 2013
amending Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended by Act No. 293 / 1993 Coll., Act No. 169 / 1999 Coll., Act No. 30 / 2000 Coll., Act No. 460 / 2000 Coll., Act No. 362 / 2003 Coll., Act No. 436 / 2003 Coll., Act No. 413 / 2005 Coll., Act No. 267 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 375 / 2011 Coll., Act No. 129 / 2008 Coll., Act No. 274 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 341 / 2011 Coll., Act No. 357 / 2011 Coll., Act No. 375 / 2011 Coll., is amended as follows:
1. In the first sentence of Paragraph 1 (4), the words "Central vocational training centre 'shall be inserted after the word" detention'.
2. in § 1 (4), first sentence, § 2 (1) (k) and § 3 (1), the words "Institute of Education" shall be replaced by the words "Academy of the Prison Service."
3. In the third sentence of Article 1 (4), the words "the Central Vocational Training Centre 'and the words" the Institute of Education' are replaced by the words "the Academy of Prisons'.
4. In Paragraph 1, the following sentence is added at the end of paragraph 5: "In the circumstances, to the extent and in the manner laid down by the international agreement, a member of the Prison Service and a civil servant of the Prison Service shall be entitled to operate in the territory of another State within the framework of a peaceful or other operation which the Czech Republic participates in by decision of an international organisation with which the Czech Republic is a member or with which it has concluded relevant international agreements. A Member of the Prison Service and a civil servant of the Prison Service shall also be entitled to operate in the territory of another State on the basis of a decision of the competent authority or body of the European Union, or on the basis of a decision of the Minister, at the request of the competent authority of a foreign State. ';
5. In Article 2 (1), the words "and shall escort such persons into the exercise of constitutional or protective education, constitutional protection treatment or security detention immediately after the performance of custody, security detention or imprisonment 'shall be added at the end of the text of point (c).
6. in Article 2 (1) (k), the words "the prison services' shall be deleted;
7. In Article 3 (2), the words "escort these persons into the exercise of constitutional or protective education, constitutional protection treatment or security detention," shall be inserted after the words "in prison,"
8. Paragraph 3 (8) reads as follows:
"(8) The competent authorities of the Prison Service have the status of a police authority in proceedings concerning criminal offences of persons in custody, custodial sentence and detention detention, committed in detention, prison or detention centre (2); they shall also be entitled to use operational means of search in support under this Act. ';
9. the following Sections 4c and 4d are inserted after § 4b:
In carrying out the inspection activities, the Ministry shall follow the law governing the inspection.
The Ministry may, in agreement with the Ministry of Health, set up a state contribution organisation to provide and provide health services to the persons referred to in Section 2 (1) (l). '
10.
Request for clarification
(1) A member shall be entitled to request explanations from any person who may contribute to clarifying the facts relevant to the detection of a criminal offence or disciplinary offence committed by the offender during the execution of the detention, the execution of a custodial sentence or the execution of a detention sentence, as well as the detection of a person fleeing the execution of the detention, the execution of a custodial sentence or the execution of a detention sentence. A civil servant of the Prison Service is also entitled to seek explanations from persons in charge of detention, detention and detention, which may help to clarify the facts relevant to the detection of a disciplinary offence.
(2) The competent authority of the Prison Service is entitled to invite a person to appear at a designated place within a specified time and without undue delay if necessary to draw up an official record of the submission of explanations. If a person arrives on the basis of a call, the competent authority of the Prison Service shall make an official record of the submission of an explanation without undue delay.
(3) The submission of an explanation may not be required of a person if it would infringe a statutory or a State-recognised obligation of confidentiality, unless that obligation is waived by the competent authority or by the person in whose interest it is obliged. A person may refuse an explanation only if he or she, or a person close to him, would cause a risk of criminal prosecution or of punishment for an administrative offence.
(4) Those who appear at the call referred to in paragraph 2 shall be entitled to reimbursement of the necessary expenses and to reimbursement of the loss of earnings. The refund is provided by the Prison Service. The right to compensation shall not be granted to those who appear only in their own interests or for their infringement. The right to reimbursement shall cease if it is not exercised by the person within 7 days of the date on which he arrived at the call referred to in paragraph 2; a person must be instructed about this. '.
11. in Paragraph 13 (2) of the introductory part of the provision, the word "immediate" shall be deleted.
12. the following Sections 13a and 13b are inserted after Section 13, including the headings and footnotes No 8:
Proof of identity to the delegated authority
(1) Proving an identity means proving the name, surname, date of birth and, if necessary, the address of the place of permanent residence, address of residence or address of residence abroad, birth number, if any, and nationality. The scope and method of the identification of personal data shall be proportionate to the purpose of the identification.
(2) The competent authority of the Prison Service is entitled to invite a person to prove his identity
(a) suspected of committing an offence or administrative offence;
(b) from which an explanation is required;
(c) staying close to the place where the offence or administrative offence was committed by a person in custody, prison sentence or detention;
(d) which is the notifier of a suspected offence or administrative offence; or
(e) in the performance of another task, where this is necessary to prevent crime.
(3) If the person referred to in paragraph 2 refuses to demonstrate his or her identity or cannot prove his or her identity even after the appropriate cooperation has been provided and the designated authority of the Prison Service cannot identify his or her identity by carrying out an on-the-spot operation, he / she is entitled to bring it to the Police of the Czech Republic. The competent authority of the Prison Service shall provide the necessary synergies to establish the identity in a manner and to an extent that does not thwart the purpose of the operation.
Requesting assistance
Authorised authority To the extent necessary for the performance of a particular task in the framework of an investigation and measures8), prison services shall be entitled to require from public authorities, as well as legal and natural persons, material and personal assistance, in particular the necessary supporting documents and information, including personal data. Those authorities and persons shall be obliged to provide the assistance requested; they do not have to do so if they are prevented from doing so by a legal or State-recognised obligation of secrecy or by the performance of another legal obligation. A natural person may no longer do so if, by providing assistance, he would put himself or someone close to him at serious risk.
8) Paragraph 158 (1) of the Code of Criminal Procedure. '
13. In Article 17 (1), the words "in facilities of non-certified health service providers' shall be inserted after the words" the Ministry 'and the words "immediate' shall be deleted.
14. in Article 17 (2) (f):
"(f) tear forming, electrical or other temporarily incapacitating agents,"
15. in Article 17 (2) (g):
"(g) baton or other means of strike,"
16. In Article 17, at the end of paragraph 2, the dot is replaced by a comma and the following points (n) to (p) are added:
"(n) shield extrusion,
(o) extruding the vehicle;
(p) a means of avoiding spatial orientation. ';
17. In the first sentence of Paragraph 17 (5), the word "inmate" shall be inserted after the word "accused."
18. In Paragraph 17, the following sentence is added at the end of paragraph 5: "A Member is entitled to restrict the free movement of a person who physically attacks a member or another person, endangers his or her own life, damages property or attempts to escape, handcuffed to an appropriate object, in particular by means of handcuffs. This restriction must be terminated at the time when it is clear that the person will not repeat such action, but no later than 2 hours after the time of attachment. '
19. In Paragraph 19 (1) (a), the words "electrical or other temporarily incapacitating" shall be inserted after the word "baton," the words "and other means of strike," and the words "explosions" shall be inserted after the word "expansion weapons."
20. in Article 19 (1) (b), the words "an electrical or other temporarily incapacitating device" shall be inserted after the word "dog."
21. The following Section 21a is inserted after Section 21, including the title:
Recording
(1) The prison service may, if necessary for the performance of its tasks, record audio, images or other records of persons and objects present in the premises and premises managed and guarded by it.
(2) Where permanent automatic technical systems are set up to take the alerts referred to in paragraph 1, the Prison Service shall publish information on the establishment of such systems in an appropriate manner. "
22. The following Section 22a is inserted after Section 22:
Possession and use of dangerous substances and goods
(1) The prison service is entitled to acquire, hold, retain and use dangerous substances and goods for the purposes of teaching, training, testing, expert and expert activities or for the performance of other activities in the framework of a full task. For the purposes of this Act, dangerous substances and goods are mainly substances and psychotropic substances and poisons.
(2) The prison service is required
(a) take measures to prevent unauthorised or accidental access to and use of dangerous substances and goods;
(b) keep records of dangerous substances and goods;
(c) carry out documentation of technical and organisational measures to ensure the protection of dangerous substances and goods and to eliminate risks arising from their nature. ';
23. in Article 23a (2) (d):
"(d) personal data shall be kept in the register for at least 10 years after the release of the person concerned from the exercise of security detention, detention or imprisonment."
24. in Article 23a (3) of the introductory part of the provision, the word "providing" shall be replaced by "providing on request."
25. in Article 23a (3), the words "and intelligence services of the Czech Republic" shall be added at the end of the text in point (a).
26. In Paragraph 23a, the following paragraph 4 is inserted after paragraph 3:
"(4) The applicant with a data box shall submit the application via a data box. ';
Paragraphs 4 to 10 shall be renumbered paragraphs 5 to 11.
27. in Article 23a (5) of the Introductory Part of the Provisions, Article 23a (6) of the Introductory Part of the Provisions and Article 23a (7) of the Introductory Part of the Provisions, the words "and for the purposes of verifying the identity of the person in custody, security detention or imprisonment" shall be inserted after the words "in accordance with paragraph 1."
28. in Article 23a (7), the following point (f) is inserted after point (e):
"(f) photographs,"
Points (f) to (v) shall be renumbered as points (g) to (w).
29. in Article 23a (10), the words "further process and provide under paragraphs 3 to 6" shall be replaced by the words "provide under paragraph 3 (c) and (d)";
30. in Article 23a, paragraphs 12 and 13 are added, including footnote 9:
"(12) For the purposes of administering the payment of claims, the prison service shall be entitled to require from the Agency's pension information systems and the service contributions of soldiers and members of the Security Corps to provide information as to whether the person in the exercise of custody, security detention or imprisonment is the beneficiary of a pension or service allowance in a manner that allows remote and continuous access.
(13) The prison service does not provide, pursuant to special legislation (9), data held for the purposes of the records referred to in paragraph 1, information relating to the protection and defence of objects in which security detention, detention and detention are carried out, the custody and punishment of vehicles used for the transport of prisoners and the manner and extent of protection and surveillance of persons.
9) Act No. 106 / 1999 Coll., on Free Access to Information, as amended. '
31. § 23b reads:
(1) The prison service may pursue an economic activity outside its principal activity for which it was established, in particular for the purpose of employing persons in the exercise of a custodial sentence or located in institutions for the exercise of security detention.
(2) The economic activity is carried out in order to achieve a positive result of the economy. This also applies to the individual establishments where the economic activity is carried out.
(3) The holding units of the Prison Services, which are a prison or a detention centre, monitor the operation of the premises separately from the main activity and the management of the budget of the prison or detention centre. The funds used for operating the economic activity are held in a separate bank account.
(4) Operating expenditure of an economic activity must be covered in full by the revenue from that activity.
(5) The positive difference between revenue and expenditure achieved in the course of a calendar year in the context of economic activity is a non-budgetary resource that can be managed in the manner specified in the specific legislation6c). "
32. footnotes 6a, 6b and 6d are deleted.
Repeal
Decree of the Ministry of Justice No. 93 / 2001 Coll., on Economic Activities of the Prison Service of the Czech Republic, is repealed.
Efficacy
That law shall take effect on the first day of the third calendar month following its publication.
Germany
Zeman v. r.
Nausea v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 157 / 2013 Coll., amending Act No. 555 / 1992 Coll., on Prison Service and Judicial Guard of the Czech Republic, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.06.2013 |
|---|---|
| Effective from | 01.09.2013 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Administrative law
The regulation text is for informational purposes only.
Comments 0