Decree No. 18 / 2015 Coll.
Decree amending Decree No. 109 / 1994 Coll., issuing the Rules of Enforcement, as amended
Valid
Effective from 01.03.2015
18
DECLARATION
of 22 January 2015
amending Decree No. 109 / 1994 Coll., laying down the rules for the exercise of the custody, as amended
The Ministry of Justice provides, pursuant to Article 31 of Act No. 293 / 1993 Coll., for the exercise of custody:
Decree No. 109 / 1994 Coll., laying down the rules for the exercise of custody, as amended by Decree No. 292 / 2001 Coll., Decree No. 377 / 2004 Coll. and Decree No. 242 / 2006 Coll., is amended as follows:
1. Paragraph 1 (1) reads as follows:
"(1) Where this decree regulates the scope and tasks of the staff of the Prison Service of the Czech Republic (hereinafter referred to as the" Prison Service "), it shall also be understood as a member of the Prison Service, unless the individual provisions provide otherwise."
2. In Paragraph 2 (1), the words "coordinator of care for citizens not socially adapted 'are replaced by the words" social worker of the Prison Service or social curator'.
3. In Paragraph 2 (2), the words, "the police authority of the Police of the Czech Republic (" the police '), which is active in the matter' are replaced by the words "and the police authority which is active in the proceedings under which the defendant was brought into custody '.
4. In Article 5 (1), the words ", Article 350c or Article 381 of the Penal Code 'are replaced by" or Article 350c of the Penal Code or the relevant provisions of the Act on International Judicial Cooperation in Criminal Matters'.
5. Paragraph 5 (2) is deleted.
Paragraph 3 shall become paragraph 2.
6. In Paragraph 6 (1), the words "the police authority 'are replaced by the words" the police authority of the Czech Republic ("the police authority') '.
7. Paragraph 7 (2) reads as follows:
"(2) The person carrying out the personal examination or being present shall be of the same sex as the defendant."
8. In Articles 8 (5) and 23 (4), the word "preventive 'is deleted.
9. In Article 9, the following paragraph 3 is added:
"(3) Charges which are prosecuted for any of the offences referred to in Paragraph 88 (4) of the Criminal Code shall be placed separately from other defendants, unless this is prevented by a particularly significant fact, in particular that there is only one accused for such a crime in the prison. '
10. in Paragraph 10 (2), the words "1 (d)" shall be replaced by the words "2 (a)" and the words "or from the execution of the sentence" shall be replaced by "from the execution of the sentence or from the performance of the security detention."
11. in Article 11 (2), the words "on the advice of a doctor" shall be inserted after the words "may be";
12. in Articles 14 (1) and 63 (7), the words "paragraph 1" shall be deleted;
13. in Paragraph 14 (4), the words "where appropriate" shall be replaced by the words "in quantities required."
14. In Article 15 (1), the second sentence is replaced by the following: "A cell intended for accommodation of only one person may not have a space of less than 6 m2."
15. in Article 16 (1), the word "lawyers" shall be replaced by the words "other public authorities carrying out proceedings involving them, lawyers, lawyers representing the accused in another case."
16. In Article 16, the following paragraph 3 is added:
"(3) The presentation of the defendant, who is concerned by the fact that he is concerned about obstructing the clarification of facts relevant to criminal proceedings, to other public authorities carrying out proceedings affecting him or to a lawyer representing him in another case, shall take place if the criminal authority so agrees. ';
17. in Article 17 (2) and (3):
"(2) The defendant shall be presented to the police authority on a written request signed by the nearest authorised superior of the relevant person serving in the police authority and bearing a round official stamp. If the defendant is to be brought to another police authority, the request shall be accompanied by the written consent of the police authority acting in criminal proceedings under which the defendant was brought into custody.
(3) Paragraph 1 shall apply mutatis mutandis when presenting the defendant to a lawyer representing the defendant in another case. ';
18. In Paragraph 19 (1), the second sentence is replaced by the following: "If a transfer takes place for a period not exceeding 24 hours, the application must be approved by the Director of the competent department of the Police of the Czech Republic, who acts as a criminal prosecution of the defendant, under whose custody the defendant has been arrested, the Head of the Territorial Department of the relevant Regional Directorate of the Police of the Czech Republic, the Director of the Office of the Criminal Police Service and the Investigation of the Internal Presidium of the Police of the Czech Republic or the Head of the Department of the General Inspection of Security Corps; in other cases, the application shall be approved by the prosecutor who oversees the case. ';
19. in Paragraph 20 (3), in the sentence, the first and third words "hospital" shall be replaced by "bed."
20. Paragraph 24 (3) reads:
"(3) If a sick person is discharged, he shall be transferred to the care of another health service provider, if necessary, under the law governing the provision of health services. ';
footnote 3 is deleted.
21. Paragraph 25 (2) and (3) reads as follows:
"(2) The director of the prison or his authorised staff shall immediately inform the doctor of the death of the defendant. It shall also inform the persons referred to in Article 18 (7) of the Act and notify them of the identification data of the autopsy service provider.
(3) Where the persons referred to in paragraph 2 do not take over the body of the deceased within the prescribed time limit, or no relatives have the deceased, the funeral shall be provided in accordance with the specific legislation of the municipality in whose territory the prison is located. ';
22. in Paragraph 26 (1), the last sentence, including footnote 4, shall be deleted;
23. in Paragraph 30 (1), the words "(Paragraph 21 (1) of the Law)" shall be deleted;
24.
(1) Health services are provided to the defendant by the Prison Service in its health facilities and, if necessary, by it in cooperation with other health service providers.
(2) Where the medical condition of the accused requires the provision of urgent medical care and it is not possible to provide it at the detention centre, a medical emergency service or a medical rescue service shall be called upon by the prison service.
(3) In the event that a doctor orders a medical emergency service or medical emergency services provider to provide outpatient or berth health care at the nearest medical facility of another provider authorised to provide the necessary medical services, or to be hospitalized at a hospital in a hospital in a hospital in a hospital in a prison hospital, his instructions for carrying out this procedure shall be binding on the authorities of the prison service and shall be complied with without delay. ';
25. Paragraph 33 (1) is deleted and paragraph 2 is deleted.
26. In Paragraph 40, the following paragraph 1 is added:
"(1) The defendant may accept and send correspondence only in writing through the holder of the postal licence (hereinafter referred to as the post office). '
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
27. in § 40 (2) and in § 41, the words "the lawyer representing the defendant in another case" shall be inserted after the words "the lawyer."
28. in Paragraph 42 (1):
"(1) The administration of the prison shall keep an overview of the correspondence of the defendant subject to the control of the managing authority. The prison administration records all correspondence referred to in § 13 (3) of the Act and § 60 (1). Other correspondence shall be recorded only if it is sent as recommended; the recommended consignment shall be delivered to the defendant against the signature. ';
29. Footnote 5 reads:
"5) § 62 to 64a of the Code of Criminal Procedure. § 45 to 50l of the Civil Code. Section 19 to 26 of the Administrative Code. ';
30. In Article 43 (3), the words "the lawyer representing the defendant in another case 'shall be inserted after the words" the lawyer', and the words "the lawyer 'shall be inserted after the word" the lawyer'.
(31) In Paragraph 43a (2), the sentence "If a telephone call is not made to a person referred to in Paragraph 13a (3) of the Act, the Chief Superintendent of the defendant in the execution of his / her custody by reason of Article 67 (b) of the Code of Criminal Procedure shall be inserted after the first sentence, unless the competent law enforcement authority decides otherwise."
32. in Article 43a (4), the word "lawyer" shall be replaced by "lawyer or person referred to in Article 13 (3), Article 14 (10) or Article 26 (6) of the Act."
33. in Paragraph 43a (5):
"(5) All calls made by the defendant shall be recorded."
34. in Paragraph 44 (4), "4" is replaced by "6."
35. In Paragraph 44, the following paragraph 6 is added:
"(6) The director of the prison shall not be allowed to make a visit without hearing and, where appropriate, visual inspection if the defendant is in custody for the reason set out in Section 67 (1). (b) criminal rules, or there is a threat of breach of order or security in the prison. ';
36. The heading under the heading of Paragraph 47 reads: "Contact with the lawyer."
37. in Paragraph 47 (1), the words "and the lawyer representing the defendant in another case" shall be inserted after the word "lawyer."
38. In Paragraph 47 (2), the words "representing the defendant in another case" shall be inserted after the word "lawyer."
39. In the first sentence of Paragraph 47 (3), the words "or the lawyer representing the defendant in another case" shall be inserted after the word "lawyer."
40. In the second sentence of Paragraph 47 (3), the words "or the lawyer representing the defendant in another case" shall be inserted after the word "lawyer."
41. In Article 48 (2), the words "food intended for sportsmen and persons with increased physical performance, tattoo aids', the words" fascism and similar movements' are replaced by the words "movement to suppress human rights and freedoms' and the words" printed matter or materials containing a description of the production of addictive substances, poisons, explosives, weapons and ammunition 'are replaced by the words "printed matter or materials containing a description of the production of poisons, explosives, weapons and ammunition'.
42. in Article 48 (4), the word "written" shall be deleted;
43. In Paragraph 50, the sentence "Purchases of reserved medical8) and medical devices may only be made after prior written consent of the nursing physician of the Prison Service."
footnote 8:
"8) Act No. 378 / 2007 Coll., on Medicines and on Amendments to Certain Related Acts (the Law on Medicines), as amended."
44. footnote 6 reads:
"6) § 163 of Act No. 262 / 2006 Coll., Labour Code, as amended."
45. in Paragraph 54 (1), "100" is replaced by "60."
46. In Paragraph 57 (1), the word "staff 'is replaced by the word" staff'.
47. In Paragraph 57 (2), the word "staff" shall be replaced by "workers" and the words "social curators" shall be replaced by "social curators."
48. In Paragraph 61, the word "Workers' is replaced by" Employees'.
49.Paragraph 62a (3) reads:
"(3) Inspections carried out in order to ensure internal order and security in the prison shall in particular include a personal, technical or luggage inspection. ';
50. in Paragraph 62a, paragraph 5 is deleted;
51. The heading above the designation § 64 is deleted.
52. Paragraph 64, including the title:
Principles for the imposition of disciplinary penalties
In the imposition of disciplinary penalties, the pedagogical principles, the application of which strengthens the educational effect of the disciplinary punishment imposed, in particular the principles of individualisation, proportionality, escalation, consistency and fairness, shall be respected. ';
53. Under Section 65, the heading "Proceedings on disciplinary offences' is inserted.
54. In Paragraph 74 (2), the words' the duration of which may be up to two hours' are deleted.
55. in Article 78a (3), the words "competent medical establishments" are replaced by the words "providers of medical services in the field of practical medicine for children and adolescents or in the field of paediatric medicine."
56. in Article 78a (7), the words "the pediatrician" shall be replaced by the words "the physician of the health service provider referred to in paragraph 3."
57. In § 79a, the words "the Czech Republic" are deleted.
58. Paragraph 80 (1) is deleted.
Paragraphs 2 to 4 shall be renumbered paragraphs 1 to 3.
Efficacy
This Order shall take effect on the first day of the first calendar month following its publication.
Minister:
Prof. JUDr. Vláková, CSc., v. r.
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Regulation Information
| Citation | Decree No. 18 / 2015 Coll., amending Decree No. 109 / 1994 Coll., which gives the order of execution of the custody, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.02.2015 |
|---|---|
| Effective from | 01.03.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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