Act No. 179 / 1990 Coll.
Act amending and supplementing Act No. 59 / 1965 Coll., on the Enforcement of Penalty
Valid
Effective from 01.07.1990
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179
THE LAW
of 2 May 1990
amending and supplementing Act No 59 / 1965 Coll., on the execution of a prison sentence
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Act No. 59 / 1965 Coll., on the execution of the prison sentence, as amended by Act No. 173 / 1968 Coll., Act No. 100 / 1970 Coll. and Act No. 47 / 1973 Coll., is amended as follows:
1.
Purpose of the prison sentence
(1) The purpose of the execution of the prison sentence is to prevent the sentenced from continuing to commit crime and to constantly raise it to lead the proper life of the citizen.
(2) In the execution of a prison sentence, the natural dignity of a person must be respected, and cruel or human dignity must not be used in degrading treatment and punishment. '
2.
Corrective educational activity
In order to achieve the purpose of the prison sentence, a corrective training activity shall be carried out, which shall be a summary of the activities of specific educational practices, cultural education, education and defined order and discipline (regime) in the places where the prison sentence ("punishment ') is carried out.';
3.
Punishment facilities
(1) The punishment is carried out in juvenile correctional institutions, juvenile correctional institutions and military correctional services. It is possible to set up a separate detention unit in detention centres.
(2) The Minister of Justice of the Czech Republic and the Minister of Justice of the Slovak Republic (hereinafter referred to as "Minister of Justice") establishes and repeals the Correctional Education, Correctional Education and Rehabilitation Institutions for Youth, and the Constitution for the exercise of custody. Military correctional services are established and repealed by the Minister of National Defence of the Czech and Slovak Federal Republic. '
Paragraph 2 shall be renumbered paragraph 3 and the sentence after the semicolon shall read: "An advisory body may be set up in the Ministry of Justice to enhance the science and the effectiveness of corrective training."
4. In Section 4, the words "and socialist organisations' are replaced by the words" organisations and interest associations of citizens' and the words "section 13 ', including brackets, are replaced by the words" the Czech Republic and the Slovak Republic Correctional Education Corps ("the Correctional Education Corps') '.
(5) The heading of the second section shall read:
Differentiation in the execution of the sentence in the correctional and custody institutes'.
6. Article 5 (1) reads as follows:
"(1) The sentence shall be performed separately by gender and separately for adults and adolescents. In the institutes, the sentence shall be carried out in a differentiated manner in three rehabilitation groups. ';
7. in Article 5, the following paragraph 2 is inserted after paragraph 1:
"(2) They shall be divided into institutes to enhance the educational impact of the execution of the sentence according to the rehabilitation groups. The court shall decide on which of the correctional education group the defendant is to be assigned. The administration of the Correctional Education Corps decides which institution the sentenced person is to be placed in. In doing so, it is guided by the specific needs of its resocialisation, in particular so that the sentenced can maintain relations with relatives (§ 12 (2))."
Paragraph 2 shall become paragraph 3.
8. § 7 is deleted.
9.
Internal differentiation
(1) As part of the rehabilitation groups, convictions are divided into collective societies, which usually work together and are housed together. The classification of convicted persons in individual collective societies shall be carried out according to the age, personality, behaviour and relationship to the remedial educational activity, the type and severity of the act committed, the recurrence and the height of the sentence, in such a way as to separate the convictions for which the possibility of having a more effective influence on remedial educational activities is more effective, the perpetrators of the conviction for acts committed by negligence and less distortion of conviction from the other convicted persons.
(2) In order to improve the effectiveness of the rehabilitation activity, taking into account the personality of the sentenced and the possibility of its more effective influence, the sentenced may be placed in a semi-open or open department of the relevant rehabilitation group with a moderate regime of the rehabilitation process and extended self-management options. ';
10. The following Section 9a is inserted after Section 9, including the title:
Execution of punishment in women
(1) The execution of a prison sentence shall be ruled out in a pregnant woman and a woman who takes care of her own child under one year of age.
(2) The execution of the sentence in women over 60 years of age shall be carried out in such a way that the execution of the sentence is proportionate to that age and to their state of health, in particular being included in a special collective. ';
11. Paragraph 10 shall become paragraph 1 and the following paragraph 2 shall be added:
"(2) Where criminal proceedings are conducted against the sentenced person in the execution of the sentence and the grounds for detention are met under Article 67 of the criminal Code, the restrictions which would, by law, require the detention of the criminal offences, in particular the separation of criminal offenders, the censorship of correspondence, the authorisation of visits and the possible inclusion of the sentenced person in the work shall apply accordingly. ';
12. Article 11 (1) reads as follows:
"(1) In the execution of the sentence, material and cultural life conditions are created for the sentenced to ensure their appropriate physical and mental development. Accordingly, the formalities and conditions for eating shall be determined in such a way as to correspond to the normal nutritional values needed to maintain health and strength, taking into account the difficulty of the work carried out. The formalities and conditions for accommodation and dressing shall be determined in accordance with the general hygiene requirements and the hygiene standards requirements for sanitary facilities, the accommodation area of the sentenced being at least 3,5 m2, each sentenced being provided with a bed and a space for storing personal items. The clothing of the condemned must correspond to climatic conditions and must protect their health sufficiently. '
13. In Article 11 (4), the words "as well as compensation for accidents at work and occupational diseases' are deleted.
14. Paragraph 12 (1) and (2), including the title, read:
Correspondence and visits
(1) The defendant may receive and send correspondence without restriction. The Chief of the Institute and the authorised person shall be entitled to examine the correspondence of the sentenced, with the exception of petitions, complaints, requests and proposals addressed to the State authorities and correspondence with the lawyer addressed to his / her place of work.
(2) The sentenced person may receive visits from close persons (1) to the extent provided for in the Code of Prisons for the Correctional Group to which he is included. However, at least once every 2 weeks at the time of inclusion in the I. correctional group, once a month at the time of inclusion in the II. correctional group and every 6 weeks at the time of inclusion in the II. correctional group. If it is in the interest of rectification or if there is another serious reason, he may be permitted to visit another person. ';
Paragraph 2 shall become paragraph 3.
15.
Books and other publications
(1) The defendant may collect and read daily newspapers, books and other publications according to his or her interest, mental needs and religion in the extent to which other members of society are allowed.
(2) In the detention facilities (§ 3), libraries equipped with literature are set up in the same way as public libraries in which convictions can borrow books of their choice; The Minister of Justice shall provide for compulsory library equipment by law, law, other professional and religious literature. ';
16. In Article 15 (1), the last sentence is replaced by the following: "In detention facilities, the conditions for lodging complaints and requests of the convicted persons are created in order to exclude the possibility of handling them by persons other than the authorised persons. The Chief of the Institute shall determine the range of persons responsible for receiving and sending complaints and requests and their records. ';
17.
"(3) The sentenced person shall have the right to legal aid by a lawyer who has the right, within the limits of his power of attorney, to conduct and speak to the sentenced person without restriction. The administration of the detention facility (§ 3) is obliged to create conditions allowing the authorised person of the Correos to see and not hear interviews between the sentenced and the lawyer. In the case referred to in Paragraph 10 (2), the provisions of the Criminal Code on the contact of the defendant with the defendant shall apply mutatis mutandis.
18.
Self-administration of convicted persons
(1) Self-administration of the convicted persons is elected for 1 year in all the correctional groups of the relevant groups convicted in secret elections.
(2) They choose, from among their number, sections of self-government, and from the condemned, elected to separate self-government, all-constitutional self-government.
(3) The mission of the self-administration of the convicted is to lead the sentenced to a separate solution to issues relating to the way of life and to work in the execution of the sentence, to facilitate compliance with the prescribed order and discipline, to increase the work activity, general and professional training of the convicted, thereby preparing them for active involvement in the life of the society after the release from the sentence. Self-administration shall also address issues relating to safety and health at work; to that end, the self-administration of the convicted persons shall have the right to propose to the Chief of the Institute the award of disciplinary fees (§ 19) and the imposition of disciplinary penalties (§ 20), to discuss with the Chief of the Institute or his authorised person the focus and content of the rehabilitation activity, in particular the focus of the labour education of the convicted persons and the content of the cultural education work, may facilitate the submission and discussion of joint complaints, requests and proposals of multiple convicted persons, where they relate to the same subject matter, represent the convicted persons in dealing with issues relating to safety and health at work (§ 28) and other issues arising from the inclusion of the sentenced (§ 26 and 27). '
19. In Article 17, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) The basic obligations of the sentenced shall include the obligation to comply with the measures and guidelines for the provision of safety and health at work under specific regulations.3)
(3) The sentenced person shall be required to undergo a personal search if the conditions laid down in paragraphs 2 and 3 of Section 82 of the Code of Criminal Procedure are met or need to be carried out for the purposes of the security of the sentenced person, other persons, the performance of the service or the execution of the sentence. ';
Paragraph 2 shall be renumbered paragraph 4 as follows:
"(4) A convicted person who unjustly refuses to carry out his duties shall be required, unless the previous call or warning is sufficient, to make the funds legally permitted to carry them out. '
20. The heading of Section 4 reads: "Rewards and punishments and confiscation."
21. In Paragraph 19 (2), the words "in particular" and (b) shall be deleted.
Points (c), (d), (e), (f), and (g) shall become points (b), (c), (d), (e) and (f).
22. Paragraph 20, including the title, reads:
Discipline
(1) The guilty violation of the prescribed order and discipline (regime) in the execution of the sentence is a disciplinary offence for which the sentenced person may be subject to disciplinary action.
(2) The disciplinary penalties are:
(a) reprimand,
(b) a reduction in the allowance by a maximum of one third for up to three months;
(c) a ban on the acceptance of packages for up to three months;
(d) forfeiture of the case;
(e) placing in a closed ward in out-of-work time up to 20 days;
(f) full day placement in a closed ward up to 20 days;
(g) placing in solitary confinement up to 20 days.
(3) The forfeiture may be imposed if it is a matter
(a) used to commit disciplinary action;
(b) which was intended to commit a disciplinary offence,
(c) obtained by, or as remuneration for, a disciplinary offence,
(d) acquired by the sentenced for the matter referred to in (c).
The forfeiture of a case may be imposed on its own or with any other disciplinary punishment if the matter belongs to the perpetrator of a disciplinary offence. Owned by a failed cause becomes.
(4) Penalties for forfeiture cannot be imposed, if the value of the matter is in an obvious disparity to the nature of the disciplinary offence.
(5) In order to place a sentenced person in a closed ward and solitary confinement all day long, a prior statement by the constitutional physician is needed that the sentenced person is able to submit to this disciplinary sentence from a health point of view. When placing in solitary confinement, the sentenced does not work, is limited in participation in interest activities and is not allowed to read daily newspapers, books or other publications and buy personal items (§ 14) in addition to basic sanitary needs. The same shall apply to the entire day-to-day placement in the closed ward, except that the sentenced is obliged to carry out the work referred to in § 27 (2). The execution of a reimposed disciplinary sentence in a closed separation or solitary confinement shall not commence until at least 10 days after the execution of any such disciplinary sentence; However, if the disciplinary penalty for placing in a closed ward or for placing in solitary confinement has been reimposed during the course of the performance of one of these disciplinary penalties, two such disciplinary penalties may be carried out immediately. An entire day's placement in a closed ward and a solitary confinement cannot be imposed on a convicted woman. Placing in a closed ward in out-of-work time may only be imposed on the sentenced woman within 10 days.
(6) Persons placed in solitary confinement and placed in a closed ward all day shall be visited daily by a doctor who shall assess whether they are fit to be punished. ';
23. In Paragraph 21 (2), the words "except for the forfeiture of the case 'are added at the end.
24. the following Sections 21a, 21b and 21c are inserted after Section 21:
Remission of disciplinary penalty and abandonment of the rest of the disciplinary penalty
(1) If the enforcement of a disciplinary sentence against which a complaint cannot be lodged is no longer necessary in view of the further conduct of the sentenced person, such a sentence may be forgiven.
(2) If further enforcement of the disciplinary sentence is not necessary, because the sentenced demonstrates an effective effort to remedy it, the rest of it may be waived.
(3) By waiving the disciplinary sentence and abandoning the exercise of its remainder, the disciplinary sentence is deemed to have been carried out.
Extermination of disciplinary punishment
(1) If, after carrying out the disciplinary sentence, the sentenced person fulfils the conditions for the award of the disciplinary fee, instead of granting it, he may be obliterated by the disciplinary punishment, which was usually imposed on him by the last disciplinary sentence.
(2) By eliminating disciplinary punishment, he looks at the condemned as if the disciplinary punishment had not been imposed on him.
Confiscation
(1) If no decision has been taken to forfeit the case, it may be decided to confiscate the case,
(a) where the offender cannot be prosecuted for a disciplinary offence or punishable by disciplinary action;
(b) if the item does not belong to him; or
(c) where the safety of persons, property or other similar general interest so requires.
(2) The decision to confiscate the case shall be notified in writing to the perpetrator of a disciplinary offence and to the person directly concerned, if known, by the Administration of the Correctional Education Corps; The owner of the confiscated thing becomes. Confiscation may not be imposed if 1 year has elapsed since the commission of a disciplinary offence. '
25. Paragraph 22, including the title, reads:
Complaints
(1) The sentenced person shall have the right to file a complaint against him within 3 days of notification of the decision imposing disciplinary action. The suspensive effect is only a complaint against the imposition of a forfeiture.
(2) The decision to confiscate the case shall be subject to the right of the offender to lodge a complaint with suspensive effect within 3 days of notification of the decision.
(3) A complaint shall be decided within 3 days by the Chief of the Correctional Institute or by an authorised other worker. The decision on the complaint may not be authorised by a staff member who has imposed the disciplinary sentence or who has decided to confiscate the case. '
26. In Paragraph 24 (2), the words "or more 'shall be deleted.
27. The heading of Section 5 reads: "Employment of convicted persons."
28. Paragraph 25, including the title, reads:
Content of employment of convicted persons
The employment of convicted persons shall include:
(a) the classification and remuneration of sentenced persons in social services;
(b) creating conditions for the convictions to be able to acquire and increase their professional qualifications. ";
29. In Paragraph 26 (1), the words "economic organisations' are replaced by the words" state organisations (hereinafter referred to as "organisations') '.
30. in Article 26 (2) and (3) and in Article 33 (1) and (2), the word "economic" shall be deleted; in Paragraph 26, the word "economic 'is deleted; in Paragraph 33 (2), the word" economic' is deleted.
Article 27 (1) and (2), including the title, read:
Employment and conditions of the convicted persons
(1) Organisations provide corrective educational institutions for the work of the convicted agreed performance (§ 26 (3)). They provide wage for work according to the provisions of the Labour Code and the Labour Code.
(2) The working time, working conditions and conditions for imposing overtime work are the same for the sentenced as for other workers. The President of the Institute may order the sentenced to work overtime to the extent and under the conditions laid down in the specific provisions; 4) above that limit he may authorise overtime work on a proposal from the Minister of Justice of the Government of the Republic. "
Paragraph 2 shall become paragraph 3.
32. in Paragraph 29 (4), the last sentence shall be deleted.
33.
The mission of cultural education is to establish an awareness of society based on the principles of civil morality and culture among the condemned. It shall aim in particular at the education of the sentenced to maintain the laws and rules of civil cohabitation, the fair relationship to work, the protection of all forms of ownership, as well as the overall increase in the general education of the condemned and their cultural level. ';
34. The following Section 34a is inserted after Section 34:
The organisation or institute shall be responsible for any damage caused to the sentenced person in the performance of his or her duties or in the direct connection with the performance of those tasks in the organisation or institute. (5) Similarly, the organisation or institute is responsible for the damage caused by accidents at work, occupational diseases (6) and for damage caused on postponement cases and when the damage is averted.7). "
35. in Paragraph 42, the words "working man" are replaced by "citizen."
36. Paragraph 46 is deleted.
37.
Participation of church organisations and associations of citizens
(1) Religious organisations and interest associations of citizens, acting in accordance with generally binding legislation and having a relationship with the sentenced, shall also participate in the correction of the convicted persons, in particular by allowing their authorised representatives to maintain personal contact with the convicted persons during the sentence, and to assist in creating favourable conditions for their future lives. Upon request, the administration of the Institute shall inform them of the status and conduct of the sentenced.
(2) Corrective educational institutions allow joint religious ceremonies of the condemned to be held at the time of work. Participation in religious ceremonies is voluntary. The term of joint religious ceremonies shall be defined by the constitutional order (§ 18). "
38. In Paragraph 49 (1), the words "social organisations' are replaced by the words" public interest associations'.
39. In Paragraph 50, the word "economic 'is deleted from the title, paragraphs 1 and 3 are deleted from the word" economic', paragraph 2 is deleted from the word "economic ', paragraph 2 is deleted from the word" district', paragraph 3 is replaced by "social organisations' by the words" citizens' interests'.
40. Paragraph 52, in which the words "working person" are replaced by the words "citizen," shall be renumbered as paragraph 1 and the following paragraph 2 shall be added:
"(2) To a young person who is to attend compulsory schooling, the Institute will ensure that it is carried out by teaching instead of working."
41. in Paragraph 53 (2), the words in brackets "paragraph 2" shall be replaced by "paragraph 3";
42. Paragraph 54, including the title, reads:
Differentiation in enforcement
(1) Correctional education institutions for adolescents do not provide for rehabilitation groups; the extent of the rights and restrictions on minors is defined uniformly.
(2) In juvenile correctional institutions, adolescents are divided into collective societies according to their characteristics, working capacity, type and severity of the offence, recurrence and punishment, so that they are separated, in particular, by adolescents who are more likely to have a more effective influence on rehabilitation activities, youth with a positive relationship to work and society, convictions for offences committed by negligence and criminal offences of lesser social hazard, first punishments of youth disturbed, convicted of particularly serious crimes, organisers and leaders of group crime and aggressive minors, and, as far as possible, those who have fled or attempted to do so. "
43. Paragraph 55, including the title, reads:
Visits
A young person serving a sentence in a juvenile correctional institution may receive visits to the extent that they are determined in view of the interest in consolidating a young person's relationship with the family, in strengthening the educational impact of the execution of the sentence. Visits of relatives may be accepted at least once a week. '
44. Paragraph 56 (1) reads as follows:
"(1) The disciplinary sentences of juvenile practitioners in a juvenile correctional institution are:
(a) reprimand,
(b) a reduction in the allowance by a maximum of one third up to two months;
(c) forfeiture of the case;
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Regulation Information
| Citation | Act No. 179 / 1990 Coll., amending and supplementing Act No. 59 / 1965 Coll., on the Enforcement of Penalty |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.05.1990 |
|---|---|
| Effective from | 01.07.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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