Act No. 165 / 2020 Coll.
Act amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and certain other laws
Valid
Effective from 01.10.2020
Text versions:
01.10.2020
15.04.2020
165
THE LAW
of 18 March 2020
amending Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Code of Criminal Procedure
Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, No 2006, No 2006 / 2006, Act No. 5, No. 5, Act No. 5, No. 5, No 5, No. 5, No. 5, No. 5, No 5, No. 5, No 5
1. in Article 27b (1), the following point (e) is inserted after point (d):
"(e) to postpone or suspend the execution of a custodial sentence against a pregnant woman or a mother of child-care under one year of age who has been convicted of a particularly serious crime, in the presence of supervision or adequate restrictions and obligations;"
Points (e) and (f) shall be renumbered as points (f) and (g).
2. In Article 27b (2), the words "where the sentence of imprisonment has been postponed or suspended against a pregnant woman or a child-care mother under the age of one to whom she was sentenced for a particularly serious crime," shall be inserted after the word "freedom."
3. Paragraph 321 (4) is deleted.
4. In Article 322 (3), the words "a newborn child 'are replaced by the words" a child under one year of age who has been convicted of a crime other than a particularly serious crime'.
5. In Paragraph 322, the following paragraphs 4 to 6 are inserted after paragraph 3:
"(4) The term of office of the President of the Chamber may be postponed for a period of one year following the date of birth of the death of a pregnant woman and of a mother of childcare under one year of age who has been convicted of a particularly serious crime; At the same time, it may impose adequate restrictions and obligations on the sentenced person to lead a proper life, or, if the sentenced person is a young person of close age, to be held in the designated residence or part of it, in order to benefit from the educational activities of the family, school and other bodies, to impose certain of the educational measures referred to in the Youth Justice Act under similar conditions. When deciding in accordance with the first sentence of the Chamber, the President shall take into account the best interests of the child, the person convicted, the nature and gravity of the offence for which he was convicted and the need for effective protection of society; to this end, it shall request a report from the probation officer accompanied by a report from the Social Protection Authority.
(5) Where, pursuant to paragraph 4, a decision has been taken to postpone the execution of a custodial sentence, with the simultaneous adoption of supervision or with the imposition of adequate restrictions or obligations to lead a proper life of the sentenced, paragraphs 1 and 334b to 334e shall apply mutatis mutandis to the procedure for the exercise of supervision and control of conduct.
(6) If there is a concern that the sentenced person will flee, abuse the authorised postponement or if the reason for which the execution of the sentence has been suspended is lost, the President of the Chamber shall withdraw the postponement of the sentence. The President of the Chamber may suspend the execution of the sentence referred to in paragraph 4 even if the sentenced person does not know his or her proper life during that period or if he or she infringes the restrictions or obligations imposed on him pursuant to paragraph 4. ';
Paragraph 4 shall become paragraph 7.
6. In Article 322 (7), the words "and 3 'are replaced by the words", 3 and 4' and the words "shall 'shall be inserted after the words" shall be inserted', unless a complaint is made only against a statement of assurance and imposing adequate restrictions and obligations under paragraph 4, ';
7. § 325 reads:
(1) If the sentenced person on whom the prison sentence is imposed is suffering from a severe illness, the President of the Chamber may suspend the sentence for the time required.
(2) The President of the Senate shall suspend the execution of the sentence of imprisonment on a pregnant woman after the completion of the 12th week of pregnancy and on a mother who is a child under one year of age who has been convicted of a crime other than a particularly serious crime for a period of one year after birth.
(3) The execution of a custodial sentence against a pregnant woman and a mother of child care up to one year of age who has been convicted of a particularly serious crime may be suspended by the President of the Chamber for a period of one year after birth; At the same time, it may impose appropriate restrictions and obligations on the sentenced person to lead a proper life, or, if the sentenced person is a young person of close age, in order to benefit from the educational activities of the family, school and other bodies, in order to benefit from the educational activities of the family, school and other bodies, to impose appropriate restrictions and obligations on him or her in order to lead a proper life, or, if the sentenced person is of a similar age, to apply the conditions laid down for minors. When deciding in accordance with the first sentence of the Chamber, the President shall take into account the best interests of the child, the person convicted, the nature and gravity of the offence for which he was convicted and the need for effective protection of society; to this end, it shall seek the opinion of the warden and a report by the probation officer, accompanied by a report from the Social Protection Authority.
(4) Where, in accordance with paragraph 3, a decision has been taken to suspend the execution of a custodial sentence in the current exercise of supervision or in the current imposition of adequate restrictions or obligations to lead a proper life of the sentenced, paragraphs 1 and 334b to 334e shall apply mutatis mutandis to the procedure for the exercise of supervision and control of conduct.
(5) If there is a concern that the sentenced person will flee, abuse the permitted interruption or if the reason for which the execution of the sentence has been suspended is lost, the President of the Chamber shall withdraw the suspension. The President of the Chamber may withdraw the suspension of the prison sentence referred to in paragraph 3 even if the sentenced person does not know his or her proper life during that period or if he or she infringes the restrictions or obligations imposed on him pursuant to paragraph 3.
(6) The decision referred to in paragraphs 1 to 3 shall be subject to a suspensory effect against a complaint which, in the absence of a complaint, is subject to an opinion of the supervisory authority and to the imposition of adequate restrictions and obligations under paragraph 3. ';
Amendment of the Act on the Prison Service and the Judicial Guard 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. 169 / 1999 Coll., Act No. 30 / 2000 Coll., Act No. 129 / 2008 Coll., Act No. 274 / 2003 Coll., Act No. 436 / 2003 Coll., Act No. 413 / 2005 Coll., Act No. 341 / 2006 Coll., Act No. 375 / 2011 Coll., Act No. 157 / 2013 Coll., Act No. 303 / 2013 Coll., Act No. 58 / 2017 Coll., Act No. 65 / 2017 Coll., Act No. 183 / 2017 Coll.
1. in Article 2 (1), the following point (n) is inserted after point (m):
"(n) provide health services to non-prison health care providers for children who are held by their mother in custody or punishment; to that end, ensure that they are transported to non-certification health service providers; ';
Point (n) shall be renumbered (o).
2. In Article 3 (2), the words "ensure the transport of children held by their mother in custody or punishment, to non-prison health service providers," shall be inserted after the words "detention," in Article 3 (2).
3. In Paragraph 3 (3), at the end of the second sentence, the words "and ensures the transport of children held by their mother in custody or punishment to non-prison health service providers' shall be added.
Amendment of the law on enforcement
Act No. 293 / 1993 Coll., on the exercise of custody, as amended by Act No. 208 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 3 / 2002 Coll., Act No. 218 / 2003 Coll., Act No. 52 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 204 / 2009 Coll., Act No. 41 / 2009 Coll., Act No. 375 / 2011 Coll., Act No. 105 / 2013 Coll., Act No. 203 / 2019 Coll., Act No. 204 / 2015 Coll., Act No. 377 / 2015 Coll., Act No. 57 / 2017 Coll., Act No. 58 / 2017 Coll., and Act No. 203 / 2019 Coll., is amended as follows:
1. In Article 16, the words "and to packages containing items for the needs of the child held by his mother in custody 'shall be added at the end of the text of paragraph 2.
2. in Article 21a (1) (b), the words "and to regulatory fees" shall be replaced by the words "for regulatory fees and for health services in accordance with the second sentence of Article 28c (2)."
3. In Paragraph 22 (8), the words "a woman with a child in custody shall be inserted after the word" a woman. "
4. Under the heading of Section 28a, the following heading is inserted:
"Performing custody of the mother of underage children."
5. in Paragraph 28a, the following paragraph 1 is added:
"(1) In the case of a pregnant woman who is concerned that he or she will obstruct the clarification of the facts relevant to the prosecution, the participation of a father in childbirth is possible only with the consent of the judge and in the preparatory proceedings of the prosecutor. If a pregnant woman is placed in connection with childbirth with a health service provider outside the premises administered by the Prison Service, the conditions for the father's participation in childbirth will be discussed with the health service provider."
Paragraphs 1 to 7 shall be renumbered paragraphs 2 to 8.
6. In Article 28a (4), the words "a nursing doctor and a social-legal child protection body competent according to the place of residence of the minor 'shall be replaced by the words" a provider of medical services in the field of practical medicine for children and adolescents and a social-legal protection body responsible for the place of residence of the minor child, whether such a procedure is in favour of the child, and a psychological assessment of the accused woman'.
7. In Paragraph 28a (5), "paragraph 3 'is replaced by" paragraph 4';
8. In Paragraph 28a (6), "3 'is replaced by" 4'.
9. In Paragraph 28a, the following paragraph 7 is inserted after paragraph 6:
"(7) The Director of the Prison may decide to revoke the authorisation to hold and take care of his child in the exercise of his / her custody, on the basis of a negative statement from the treating physician of the defendant, the provider of medical services in the field of practical medicine for children and adolescents, a psychologist or a social protection body for the child's further residence with the mother in the prison, or if the defendant commits a criminal offence or seriously fails to fulfil the obligations or violates the prohibitions laid down in Section 21. The defendant may lodge a complaint against the decision of the warden of the prison under the first sentence within 3 days of his notification, which shall not have suspensory effect. Complaints shall be decided without delay by the Director-General of the Prison Service or by an authorised staff member of the Prison Service. ';
Paragraphs 7 and 8 shall be renumbered paragraphs 8 and 9.
10. in Paragraph 28a (8), "paragraph 3" is replaced by "paragraphs 4 and 7" and "2 and 3" is replaced by "3 and 4."
11. The following Sections 28b and 28c are inserted after Article 28a, including the headings:
Rights of the child in custody of the mother
(1) The child may, with the consent of the mother, receive visits to close persons which take place within the time and scope specified by the warden of the prison or his authorised staff of the Prison Service. For serious reasons, the warden may allow a person other than the person close to the child to visit. Paragraph 14 (2) and (8) shall apply mutatis mutandis.
(2) Paragraph 15 shall apply mutatis mutandis to the provision of spiritual and social services to the child.
Care for the health of the child whose mother has custody
(1) The child has the right to health services to the extent and under the conditions laid down by the law governing health services and the conditions governing their provision.
(2) The cost of health services related to the care of the child, which the mother has in her custody and which is not an insured person under the Act governing public health insurance, is borne by the mother. If these costs cannot be covered by the own funds deposited in the prison, the Prison Service shall pay them to the extent of the costs related to the provision of urgent and acute health care and, for foreigners, to the extent of the costs under the Act governing the residence of foreigners in the Czech Republic, by State Budget resources, unless the reimbursement of costs is otherwise ensured. "
Amendment to the Public Health Insurance Act
In Article 17 (1) of Act No. 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain related laws, as amended by Act No. 369 / 2011 Coll. and Act No. 200 / 2015 Coll., the following point (c) is inserted after point (b):
"(c) health services to insured persons who are children with a mother in custody or in prison by a provider designated by the Prison Service,"
Point (c) shall be renumbered (d).
Amendment to the law on the execution of prison sentences
Act No. 169 / 1999 Coll., on the enforcement of the custodial sentence and on the amendment of certain related laws, as amended by Act No. 359 / 1999 Coll., Act No. 3 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 218 / 2003 Coll., Act No. 52 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 109 / 2006 Coll., Act No. 346 / 2007 Coll., Act No. 306 / 2008 Coll., Act No. 188 / 2016 Coll., Act No. 58 / 2004 Coll., Act No. 41 / 2009 Coll., Act No. 41 / 2009 Coll., Act No. 276 / 2013 Coll., Act No. 204 / 2015 Coll., Act No. 341 / 2011 Coll., Act No. 181 / 2011 Coll., Act No. 375 / 2011 Coll.
1. In Section 7 of the introductory part of the provision, the words "sentenced women who have a child in the execution of the sentence 'shall be inserted after the words" normally sentenced'; the words "who are 'shall be inserted after the words" who are'.
2. in Article 7 (b):
"(b) repeatedly in the execution of a sentence from the first time convicted; the destruction of convictions under specific legislation shall not be taken into account; ';
3. in Article 7, the word "sentenced" shall be inserted at the beginning of point (c).
4. in Article 7, the words "persons" shall be inserted at the beginning of points (e) and (f).
5. In Article 24 (3), the words "and on packages containing items for the purposes of the child, which his mother has with him in the execution of the sentence," shall be inserted after the word "activity."
6. In Article 27 (3), at the end of the first sentence, the words "for himself and the child who has the mother in prison in the performance of her sentence 'shall be added.
7. In Article 36 (1) (b), the words "and to regulatory fees' are replaced by the words", to regulatory fees and to health services under the second sentence of Article 67b (2) '.
8. In Section 66 of the introductory part of the provision, the words "for which a period of more than 6 months has not elapsed since the child was born 'are replaced by the words" with a child in the course of the sentence'.
9. In Article 66, the following points (b) to (d) are inserted after point (a):
"(b) a reduction in the allowance of up to one third for up to 3 calendar months;
(c) a prohibition on the acceptance of one package in a calendar year;
d) fine up to 5 000 CZK. "
Points (b) and (c) shall become points (e) and (f).
10. In Paragraph 67, the following paragraph 1 is added:
"(1) The third sentence of Article 19 (2) shall apply mutatis mutandis to the participation of the father in childbirth. ';
Paragraphs 1 to 7 shall be renumbered paragraphs 2 to 8.
11. in Article 67 (2), the words "a doctor and a clinical psychologist and a child protection body, whether such a procedure is in favour of the child" shall be replaced by the words "a provider of medical services in the field of practical medicine for children and youth and a body in the field of social protection for children, whether such a procedure is in favour of the child, and a psychological assessment of the convicted woman."
12. in Paragraph 67 (3) and (4), "1" is replaced by "2."
13. In Article 67 (7), the words "a doctor or a clinical psychologist or a social-legal child protection body for the further residence of a child with a mother in a prison 'are replaced by the words" a medical practitioner convicted, a health service provider in the field of practical medicine for children and adolescents, a psychologist or a social-legal protection body for the further residence of a child with a mother in a prison, or, if the sentenced does not comply with the treatment programme, commits a criminal offence or seriously fails to fulfil the obligations or infringements laid down in § 28'.
14. in Paragraph 67 (8), "6" is replaced by "7."
15. After Paragraph 67, the following Sections 67a and 67b are inserted:
The rights of the child with whom the mother has her sentence
(1) The child may, with the consent of the mother, receive visits to close persons which take place within the time and scope specified by the warden of the prison or his authorised staff of the Prison Service. For serious reasons, the warden may allow a person other than the person close to the child to visit. Paragraph 19 (2) and paragraphs 7 to 9 shall apply mutatis mutandis.
(2) Paragraph 20 shall apply mutatis mutandis to the provision of spiritual and social services to the child.
Care for the health of the child with whom the mother has her sentence
(1) The child has the right to health services to the extent and under the conditions laid down by the law governing health services and the conditions governing their provision.
(2) The cost of health services related to the care of the child, which the mother has with her in the performance of her sentence and which is not an insured person under the Act governing public health insurance, is borne by the mother. If these costs cannot be covered by the own funds deposited in the prison, the Prison Service shall pay them to the extent of the costs related to the provision of urgent and acute health care and, for foreigners, to the extent of the costs under the Act governing the residence of foreigners in the Czech Republic, by State Budget resources, unless the reimbursement of costs is otherwise ensured. "
Amendment of the Act on the residence of foreigners in the Czech Republic
In Article 176 (6) of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended by Act No. 375 / 2011 Coll., the words "or a stranger who is a child with his mother in prison are inserted after the word" freedom. "
Amendment to the Probation and Mediation Service Act
Act No. 257 / 2000 Coll., on Probation and Mediation Service and amending Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Czech Republic, as amended, Act No. 65 / 1965 Coll., Labour Code, as amended, and Act No. 359 / 1999 Coll., on Social Protection of Children (Act No. 218 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 181 / 2011 Coll., Act No. 357 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 303 / 2013 Coll., Act No. 204 / 2015 Coll., Act No. 111 / 2019 Coll., amended as follows:
1. In Article 2 (1), the words "including imposed obligations and restrictions' shall be deleted and the words" in the trial period of suspension of the sentence of imprisonment 'shall be replaced by the words ", control of the execution of the restrictions and obligations imposed on the defendant; and';
2. In Article 4 (1), the word "or 'is replaced by the word" to "and after the word" freedom, "the words" so that the execution of a custodial sentence imposed for a particularly serious crime may be postponed or interrupted by a pregnant woman or a mother who takes care of a child within one year of age. "
3. in Paragraph 4 (2) (d):
"(d) in the exercise of supervision over the conduct of the accused in cases where supervision has been imposed, in the exercise of control to the extent provided for in respect of compliance with the conditions, restrictions, obligations and measures imposed on the defendant, in the absence of supervision, or in the replacement of custody by other measures, or in the postponement or suspension of the execution of a custodial sentence, and in the control of the execution of non-detention sentences,";
4. In Article 7 (3), the words "or conditional release by an official of the Probation and Mediation Service, and the official thereof 'shall be replaced by the words" the postponement or suspension of the execution of a custodial sentence or the conditional release, and the official of the Probation and Mediation Service'.
5. In Article 7 (4), the words "and in the files conducted by the Czech Prison Service" shall be inserted after the word "Republic."
Amendment of the Penal Code
In Article 49 (1) of Act No. 40 / 2009 Coll., Criminal Code, the words "in probationary period 'are deleted.
Amendment to the Health Services Act
In Article 29 of Act No. 372 / 2011 Coll., on health services and the conditions for their provision (Health Services Act), as amended by Act No. 47 / 2016 Coll. and Act No. 65 / 2017 Coll., at the end of paragraph 1, the dot is replaced by a comma and the following point (c) is added:
"(c) placed together with his mother in custody or in jail shall belong to the Prison Service."
EFFECTIVE
This Law shall take effect on the first day of the sixth calendar month following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 165 / 2020 Coll., amending Act No. 141 / 1961 Coll., on Criminal Procedure, as amended, and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2020 |
|---|---|
| Effective from | 01.10.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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