Act No. 173 / 1968 Coll.
Act amending and supplementing Act No. 59 / 1965 Coll., on the Enforcement of Penalty
Valid
Effective from 01.01.1969
173
THE LAW
of 20 December 1968
amending and supplementing Act No 59 / 1965 Coll., on the execution of a prison sentence
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
The Law of 17 June 1965, No. 59 Coll., on the execution of the prison sentence, is amended as follows:
1. Paragraph 61 reads:
(1) The Correctional Activities under this Act, as well as Security and Governance in the Correctional Institutions and in the Institutions where the binding takes place, are carried out by the Correctional Education Board.
(2) The Correctional Education Corps is armed and, according to military principles, organised by the College, subordinate to the Minister of the Republic, who exercises the administration of the courts; details of its organisation shall be laid down and the provisions governing its activities shall be laid down in accordance with its mission by the Minister of the Republic, who shall exercise the administration of the courts of the State.
(3) The Minister of the Republic, who exercises the administration of the courts of the State, is the direct superior of all members of the Correctional Education Corps and exercises disciplinary authority over them.
(4) Members of the Correctional Education Corps shall be required to follow the orders of the Minister of the Republic, who shall administer the courts and the relevant commanders and chiefs.
2. Paragraph 61 is replaced by the following:
(1) Members of the Correctional Education Corps shall be consistently governed by the Constitution, the laws and other legislation in the performance of their duties; in all their activities, in particular in their performance and in the procedures, they shall respect the requirements of human and civil dignity and ensure the reputation and honour of a member of the Corps.
(2) The basic role of the Correctional Education Corps is to ensure that corrective educational activities perform as best as possible their social function and create the preconditions for the permanent correction of the condemned and for their normal integration into the life of a socialist society.
Article 3 (62) reads:
(1) Members of the Correctional Education Corps shall be entitled, in order to ensure the purpose of the detention and detention, in particular when taking action against the disruptors of the prescribed order and discipline, and against obstruction of the service, and when averting an attack against a person, if the previous call or agreement is insufficient, to use the baton to the extent necessary to achieve the purpose of the intervention, to place handcuffs or, where appropriate, to use other means; more detailed conditions and rules for the use of batons, handcuffs and other means shall be laid down by the Minister of the Republic, who shall exercise the administration of the courts by special rules.
(2) Firearms are only authorised to be used by a member of the Correctional Education Corps exceptionally in the exercise of its powers in the following cases:
(a) to avert, in the event of necessary defence, an attack against or imminent, or an attack on the life of another person;
(b) unless it is otherwise possible to overcome the resistance to thwart his serious professional intervention;
(c) if the dangerous offender against whom he has taken action does not give up on his call or refuses to leave his hiding place;
(d) in accordance with the relevant regulations, in particular in the exercise of guard and escort services, to prevent the escape of a dangerous offender which cannot be otherwise detained, or to avert a dangerous attack that threatens a guarded object or site, to a futile call for the attack to be abandoned.
(3) When using a firearm, a member of the Correctional Education Corps shall be obliged to take care, in particular as far as possible, to conserve the life of the person against whom the procedure is directed and to ensure that the lives of other persons are not jeopardised.
(4) Where the circumstances of the case so permit, a member of the Correctional Education Corps shall, before using a firearm, be obliged to use the means referred to in paragraph 1.
(5) Where the members of the Correctional Education Corps are under uniform authority and direction, they shall be governed by the order of the commander who decides to use the firearm in accordance with the principles set out in paragraphs 2 to 4. ';
4. Section 62a, as amended by:
(1) Members of the Correctional Education Corps shall be required to maintain confidentiality regarding matters which they have learned in the course of or in connection with the performance of their duties and which require, in the general interest or in the interests of the parties concerned, to remain secret from unauthorised persons; The Minister for Justice of the Republic of Croatia shall determine when a member of the Correctional Education Corps may be relieved of that obligation.
(2) Members of the Correctional Education Corps shall enjoy legal protection as public officials in the exercise of their powers. Anyone who cancels or makes the exercise of their authority difficult shall be liable by law.
(3) The members of the Correctional Education Corps shall have the right to immediately pursue a person fleeing the execution of a custodial sentence or custody and to take the necessary measures to detain him, in particular to establish the identity of suspects and to inspect the premises or means of transport where there is reasonable grounds for suspecting that the person fleeing him is present; to the extent of this authorisation, they shall have the rights and obligations of the National Security Corps bodies.
5.
(1) An upstanding, socialist establishment by a Czechoslovak citizen may become a member of the Correctional Education Corps, if it also fulfils other conditions for the performance of the service.
(2) Members of the Correctional Education Corps shall take an oath of service when they take up service. The text of the oath shall be laid down by the Minister of the Republic, who shall administer the courts of the State.
(3) Members of the Correctional Education Corps shall be appropriately trained and trained for the performance of their service and shall be obliged to further enhance their education, qualifications and political and professional knowledge.
(4) In order to ensure the successful performance of the tasks of corrective education, the Minister of the Republic of the State Administration of the Courts shall determine the relevant qualification conditions for each function performed in the Correctional Education Corps.
(5) In agreement with other ministers, the Minister of the Republic, who exercises state administration of the courts, may temporarily delegate or empower other authorities to perform the tasks of the Correctional Education Corps on the surveillance section.
6. Section 63a, as amended by:
(1) Members of the Correctional Education Corps are subject to the jurisdiction of military courts and provisions on criminal offences; their rank corresponds to the same military rank.
(2) Members of the Corps of Correctional Education who have performed a military basic service are exempt from their duties under a law of law which they would otherwise be obliged to perform for the duration of their active service.
(3) The conditions of service of members of the Correctional Education Corps, their material and financial security, sickness care and social security shall be governed by the current rules; empowerment to regulate these issues by more detailed provisions entrusted to the Minister of Home Affairs by the laws previously enacted, shall be transferred to the Minister of Justice, who shall exercise the administration of the courts in order to ensure that the arrangements for service and security of members of the Department of Correctional Education correspond to the social function of the Corps and similar arrangements in other armed groups. *)
7. Paragraph 66 is deleted.
8. Where Articles 3 (1) and (2), 11 (3), 18 (1), 29 (2), (4) and (5), 65, 67 and 72 refer to the Minister (Ministry) of the Interior and the Minister (Ministry) is empowered to implement or confer certain powers on him, he shall be the Minister of the Republic, who shall administer the courts to which those powers and powers are delegated.
The powers and powers of the Minister (Ministry) of the Interior on matters relating to the exercise of custody, the execution of a custodial sentence and the Department of Correctional Education, contained in other laws and regulations previously issued, shall be preceded by the Minister of the Republic, who exercises the administration of the courts.
The Bureau of the National Assembly is hereby authorised to declare, in the Collection of Laws, the full text of the law on the execution of prison sentences, as is apparent from the amendments and additions made by this and other laws.
This Act shall take effect on 1 January 1969.
Freedom v. r.
Srkovský v. r.
Ing. Cernik v. r.
*) These are the mandates contained in the following laws: Act No. 88 / 1952 Coll., on the material security of the members of the armed forces of Act No. 76 / 1959 Coll., on certain conditions of service of soldiers of Act No. 101 / 1964 Coll., on social security Code No. 65 / 1965 Coll. on the care of the health of the people.
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Regulation Information
| Citation | Act No. 173 / 1968 Coll., amending and supplementing Act No. 59 / 1965 Coll., on the Enforcement of Penalty |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1968 |
|---|---|
| Effective from | 01.01.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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