What is Full text of Act No. 18 / 1994 Coll.?

Full text of Act No. 18 / 1994 Coll., Act on the Enforcement of Penalty (full text as follows from subsequent amendments and additions) — Law on the enforcement of the prison sentence (full text as resulting from subsequent amendments and additions).

When it became Full text of Act No. 18 / 1994 Coll. effectiveness?

Full text of Act No. 18 / 1994 Coll. became effective date not available.

Is Full text of Act No. 18 / 1994 Coll. still valid?

Yes, Full text of Act No. 18 / 1994 Coll. is still valid and effective.

Full text of Act No. 18 / 1994 Coll. - Law on the enforcement of the prison sen...

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announces the full text of the Act of 17 June 1965 No. 59 Coll., as it results from amendments, additions and modifications made by the Act of 20 December 1968 No. 173 Coll., by the Law of 17 November 1970 No. 100 Coll., by the Law of 25 April 1973 No. 47 Coll., by the Law of 2 May 1990 No. 179 Coll. and by the Law of 10 November 1993 No. 294 Coll.

THE LAW

on the execution of the prison sentence

The National Assembly of the Czechoslovak Socialist Republic decided on this law:

Oddíl 1

Basic provisions

§ 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) The exercise of a prison sentence must respect the natural dignity of a person, and the 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 execution of the prison sentence, corrective training 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 ("the sentence ') is carried out.

§ 3

Prisons

The sentence shall be carried out in a prison or in a separate department of the detention prison ("the prison ').

§ 4

repealed

Oddíl 2

Differentiation in enforcement

§ 5

Prisons

(1) The prisons are broken down according to the level of external security, security and the way in which the resociation programmes are implemented into four basic types (degrees):

(a) supervised,

(b) supervised,

(c) security,

(d) with increased security.

(2) A specific type or department of the juvenile prison, broken down in accordance with paragraph 1, shall be established, in which there shall be convictions which have not completed the eighteenth year of their age in the execution of the sentence, or which have been decided by the court (hereinafter referred to as youth).

(3) Within one prison, separation of different basic types may be established provided that the purpose of the sentence is not jeopardised.

(4) The differentiated execution of the sentence in each type of prison shall be monitored in order to ensure that less violation of the sentence is carried out separately from more degraded offenders and that more effective means of correcting them are applied to the rehabilitation activity of the offenders, who require a higher degree or the nature of their breach. Similarly, the forms and methods of working education and cultural education, the scope of self-administration authorisation, the degree of external security and the way in which security is ensured shall be chosen in a differentiated manner.

§ 6

(1) The court shall decide on the type of prison to which the sentenced person shall be assigned when the sentence is served (§ 5 (1) and (2)).

(2) The prison services are carried out by the Directorate-General for Prisons, as decided by the Court. Separated to separate prisons or separate wards of prisons after the execution of the sentence

(a) convicted with altered working capacity;

(b) convicted men over 60 years of age,

(c) convicted women.

§ 7

Submission department

(1) A starting department shall be set up for the reception of sentenced persons in prisons.

(2) During the execution of the detention sentence, a comprehensive report shall be drawn up on the sentenced in which, on the basis of the conduct of the sentenced, the results of his examination and the available materials to his or her person shall be evaluated on his or her social level, personality characteristics and, taking into account the length of the sentence imposed, the previous conviction and the degree of danger of the convicted person, consideration shall be given to the possibilities of educational activity and the assumptions of its effectiveness.

(3) Information on the sentenced person obtained in connection with the processing of the comprehensive report referred to in paragraph 2 shall be confidential and shall not be communicated or made available to the unauthorised person.

§ 8

Resociation programmes

(1) For the condemned, the prison processes resocialization programs, which represent a summary of work, education, therapeutic and interest activities with a differentiated approach in their implementation. The composition of the rehabilitation programme always monitors the achievement of the purpose of the sentence.

(2) The sentenced person has the option to choose a resocialisation programme from those which the prison administration considers appropriate in view of the aspects set out in Sections 5, 6 (2) and 7 (2). If none of these programmes are chosen, they shall participate in the minimum programme established by the internal rules of the prison. It shall be based on a work activity corresponding to the health of the sentenced.

(3) The rehabilitation programmes must be updated depending on the person's development, behaviour and duration of the sentence.

§ 9

Replacement of convicted persons

(1) The warden of the prison may decide to transfer a sentenced person to a prison of another type which may differ by one degree from the prison in which the sentenced person is sentenced (§ 5 (1)).

(2) The transfer of a convicted person to a more moderate-regime prison shall be decided by the warden if the conduct of the sentenced person and the manner in which he fulfils his duties justify the conclusion that the transfer will contribute to the purpose of the sentence.

(3) The prison director may decide to transfer the sentenced to a prison with a stricter regime if:

(a) the sentenced has seriously or repeatedly infringed the prescribed order or discipline;

(b) the convicted person has been convicted of the offence which he has committed during the execution of the sentence.

(4) We can't reassign from a high-security prison.

(a) a sentenced person to whom an exceptional penalty has been imposed and who has not yet executed at least 10 years of that penalty;

(b) any other sentenced person who carries out the sentence in a high-security prison before carrying out at least one third of the sentence imposed.

(5) There is no possibility of reassignment to a prison with supervision and a prison with supervision of a convicted person who is to be subjected to protective treatment in constitutional form by decision of the court.

(6) On a proposal from a convict who has continuously carried out at least one third of the sentence imposed in a prison of a particular type, but for at least six months, the warden may decide to transfer him to a prison with a more moderate regime; This does not apply to a convicted person who has been sentenced to life imprisonment and is serving him in a high-security prison. The warden shall decide on such a proposal within 30 days.

(7) If the application referred to in paragraph 6 is not complied with, the sentenced person may not repeat it until six months after the end of the procedure for the previous application.

(8) If a decision has been taken to reassign a sentenced person to another type of prison, the Directorate-General of the Prison Service shall determine the prison where the sentenced person will continue to perform the sentence.

§ 9a

Replacement proceedings

(1) The decision referred to in Article 9 shall be drawn up in writing and delivered to the sentenced. The general rules on administrative procedures shall not apply to the procedure for the reassignment of convicted persons.

(2) The sentenced person may, within eight days of the date of service of his written copy, lodge an appeal with the district court in whose district the prison of which the Director has decided to reassign, against a decision to transfer to a more stringent prison. The appeal has no suspensory effect. A special rule applies to proceedings before a court. 1)

Oddíl 3

Rights and obligations of convicted persons in the execution of the sentence

§ 10

General provisions

(1) In addition to the obligations arising from the laws and other provisions, the judgments have obligations imposed under this law. During the execution of the sentence, only those civil rights whose execution would be contrary to the purpose of the execution of the sentence (§ 1) or which cannot be exercised as a result of the execution of the sentence may be restricted.

(2) Where criminal proceedings are conducted against the sentenced person in the execution of the sentence and the grounds for detention are fulfilled under Paragraph 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 convicted person in the work shall apply accordingly.

§ 11

Fundamental social rights of the sentenced

(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.

(2) To place the sentenced person in such a way that a smaller area of accommodation falls on him than that referred to in paragraph 1, only in exceptional circumstances may it be possible for the necessary period of time.

(3) The sentenced shall be provided with a continuous eight-hour sleep time, the time needed for personal hygiene and cleaning, at least a one-hour walk and adequate personal leave.

(4) Medical services shall be provided to the sentenced in the scope and under the conditions laid down in the general rules on care of the health of the people; the organisation and performance of health services provided to the sentenced shall be regulated by the Minister of Justice in agreement with the Minister for Health.

(5) The general rules governing sickness and pension insurance for the convicted persons are laid down.

§ 12

Correspondence and visits

(1) The defendant may receive and send written communications (correspondence) to his cargo without restriction. The prison service is entitled to check the content of the correspondence, except for correspondence between the defendant and the lawyer, the state body of the Czech Republic or an international organisation which is responsible for dealing with initiatives relating to the protection of human rights under the international convention to which the Czech Republic is bound. The right of control shall include the right to acquaint itself with the content of the information communicated. If the content of the correspondence gives rise to suspicion that a criminal offence is being prepared or committed, the Prison Service shall detain the correspondence and transmit it to the criminal authority.

(2) The sentenced person may receive visits from close persons (2) depending on the type of prison in which he is included. However, the period between visiting dates shall not be longer than three weeks in a prison with supervision or supervision and six weeks in a prison with security or increased security. If the internal rules of the prison do not provide for a higher number, no more than four persons may visit the sentenced at the same time. In order to remedy the sentenced person or for any other serious reason, the sentenced person may be authorised to visit another person.

§ 13

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 prisons, libraries equipped with literature are set up, like public libraries, where convictions can borrow books of their choice; The Minister of Justice provides for compulsory library equipment by law, law, other professional and religious literature.

§ 14

Buying food and personal supplies and receiving packages

(1) Convicted men are allowed to buy groceries and personal items for pocket money.

(2) The sentenced may accept a package of food and personal supplies four times a year. In order to enforce the sentence, the right of the sentenced person to receive more frequent packages may be established, taking into account in particular the different types of prison. This is without prejudice to Paragraph 19 (2) (c).

§ 15

Protection of the rights of the convicted persons

(1) The sentenced person may lodge complaints and requests to the competent authorities to exercise his rights and legitimate interests; the complaint or, where appropriate, the request must be sent without delay to the authority to which it is addressed. In prisons, the conditions for the lodging of complaints and requests by the convicted persons shall be such as to exclude the possibility of handling them by persons other than the authorised persons. The warden of the prison shall determine the range of persons responsible for receiving and sending complaints and requests and their records.

(2) The authorities of the Prison Service shall without delay inform the Director of the Prison, the Prosecutor, the Judge or the Authority which controls the Prison, of the request of the defendant for a hearing and, at their direction, shall allow such conversation in the Prison.

(3) The sentenced person shall have the right to legal aid by a lawyer who is entitled, within the limits of his authority, to conduct and speak to the sentenced person without restriction. The warden of the prison shall be obliged to create conditions allowing the authorised person of the Prison Service to see the interview between the convict and the lawyer, but not to hear.

(4) Members of the Prison Service shall be required to ensure that the rights of the convictions are respected.

§ 16

Self-administration of convicted persons

(1) Self-administration of sentenced persons is elected for 1 year in all prisons of the relevant collective 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 have the right to propose to the Director of the prison the award of disciplinary fees (§ 19) and the imposition of disciplinary penalties (§ 20), to discuss with the director of the prison or the person appointed by it 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 in so far as they relate to the same subject matter, represent the convicted persons in addressing issues relating to safety and health at work (§ 28) and other issues arising from the inclusion of the convicted persons (§ 26 and 27).

§ 17

Basic obligations of the convicted persons

(1) In the execution of the sentence, the sentenced person is required to comply with the prescribed order and discipline, to follow the instructions and orders of the members of the Prison Service, to carry out his duties properly, to handle the matters entrusted to him, to respect the principles of decent conduct with the persons with whom he comes into contact, and to maintain the provisions of the internal rules of the prison (§ 18).

(2) The sentenced must not produce, retain and consume alcoholic beverages and other addictive substances, 2a) produce and store articles which could be used to endanger the safety of persons and property or to escape, or which, by their quantity or nature, could interfere with order or harm health.

(3) 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)

(4) 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 must be carried out for the purpose of the safety of the sentenced person, other persons, the performance of the service or the execution of the sentence.

(5) A convicted person who unjustly refuses to carry out his duties must, if the previous call or warning is not sufficient, be forced to carry them out by law.

§ 18

Internal Code of Prison

(1) For each prison, its Director, with the agreement of the Director-General of the Prison Service, shall establish the internal rules of the prison governing the life and the activities of the sentenced. In particular, the internal rules of the prison define working hours, rest, food and cultural education.

(2) The internal rules of the prison shall also define the scope of the authority of the self-administration of those convicted in organising interest activities and dealing with the issues of their life together.

Oddíl 4

Receptions and penalties and confiscation

§ 19

Disciplinary fees

(1) For exemplary behavior, fair relation to work or exemplary action, a disciplinary reward may be awarded to the sentenced.

(2) The disciplinary fees are:

(a) praise;

(b) exceptional authorisation of a visit;

(c) exceptional authorisation of the package;

(d) increased allowance,

(e) remuneration in cash or in kind;

(f) suspension of the execution of the sentence pursuant to § 35.

§ 20

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 at least once a week by a doctor who shall assess whether they are fit to be punished.

§ 21

Preservation of disciplinary penalties

(1) The disciplinary penalty may be imposed only if the circumstances of the disciplinary offence are properly clarified and the defendant's guilt proved. Before a disciplinary sentence is imposed, the defendant must be allowed to comment.

(2) The disciplinary penalty imposed must be proportionate to the seriousness of the disciplinary offence committed and must be consistent with the interest in correcting the convicted. Only one disciplinary sentence can be imposed for a disciplinary offence, except for forfeiting the case.

(3) A disciplinary penalty may not be imposed if a period of 1 year has elapsed since a disciplinary offence was committed.

§ 21a

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.

§ 21b

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.

§ 21c

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 offender of the disciplinary offence and to the person directly concerned, if known; The owner of the confiscated thing becomes. Confiscation cannot be imposed if 1 year has elapsed since the commission of a disciplinary offence.

§ 22

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 warden of the prison or by another authorised officer. 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.

§ 23

Discipline

The disciplinary authority of the convicted persons shall be exercised by the officials of the Prison Service, if they are empowered to do so.

§ 24

Dispute settlement of other antisocial acts

(1) Infringements are also dealt with by imposing disciplinary penalties.

(2) The disciplinary punishment of a convict shall not exclude his prosecution if his action is a criminal offence.

Oddíl 5

Employment of convicted persons

§ 25

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 convictions to be able to acquire and increase their professional qualifications.

§ 26

Classification of convicted persons

(1) Prisons create conditions for the employment of convicted persons either in the course of their own business or on a contractual basis with another business entity or organisation. Convicts shall be assigned to work according to their state of health and working capacity in accordance with the purpose of the execution of the sentence.

(2) The contract between the prison and the business body or organisation on the basis of which the classification of the sentenced persons is carried out lays down more detailed conditions under which the sentenced persons will carry out the work and, where appropriate, the procedure for the training of those who are sentenced to perform the specified work and the way in which their professional qualifications are increased. When creating conditions for safety and health at work, the business entity or organisation shall have the same obligations as they would have against workers in employment.

(3) A sentenced person who has been assigned to work is obliged to work if his health allows him to do so.

§ 27

Employment and conditions of the convicted persons

(1) The business bodies and organisations referred to in Article 26 (1) provide the prison for the work of the convicted agreed performance (Article 26 (2)).

(2) The working time, working conditions and conditions for imposing overtime work are the same for the sentenced as for other workers. The warden of the prison may order the sentenced work over time to the extent and under the conditions laid down by specific regulations; (4) The government may authorise overtime work beyond that limit on a proposal from the Minister of Justice.

(3) Working time does not include cleaning work and other similar work of the condemned to ensure the normal operation of the prison. However, such work may not be ordered at the expense of the time needed to rest the condemned.

§ 28

Participation of sentenced persons in the security and health at work

Citation	Full text of Act No. 18 / 1994 Coll., Act on the Enforcement of Penalty (full text as follows from subsequent amendments and additions)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	04.02.1994
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 18 / 1994 Coll.

Law on the enforcement of the prison sentence (full text as resulting from subsequent amendments and additions)

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