Decree No. 19 / 2015 Coll.
Decree amending Decree No. 345 / 1999 Coll., which gives the order for the execution of the prison sentence, as amended
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Effective from 01.03.2015
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19
DECLARATION
of 22 January 2015
amending Decree No 345 / 1999 Coll., laying down the rules for the execution of prison sentences, as amended
The Ministry of Justice provides, pursuant to Section 81 of Act No. 169 / 1999 Coll., on the execution of a prison sentence and amending certain related laws:
Decree No 345 / 1999 Coll., which lays down the rules for the execution of the prison sentence, as amended by Decree No 378 / 2004 Coll. and Decree No 243 / 2006 Coll., is hereby 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.
(1) When entering the prison, the identity of the sentenced person must be verified in order to avoid any confusion with another person in the light of all available documents. If the sentenced person is not accompanied by any evidence of identity, provided by the authority of the Police of the Czech Republic until the sentence has been enforced, the sentenced person may be admitted to the prison only if the identity has been verified earlier and an entry is made on the documents by the competent authority of the court or police authority.
(2) If the sentenced person to be admitted to the execution of the sentence has no proof of identity, his identity shall be verified by other means, if there is no cause for doubt and by his honorable declaration. '
3. Paragraph 4 (1) reads as follows:
"(1) When entering the prison, a personal inspection and the necessary sanitary and anti-epidemic measures shall be carried out on the defendant. The person carrying out the inspection or being present shall be of the same sex as the sentenced. ';
4. In Article 4 (2), the words "which do not contain communication or recording equipment 'and the words" correspondence' shall be inserted after the words "wedding ring '.
5. In Article 4, at the end of paragraph 3, the sentence "The sentenced shall not allow the use of surveillance radios, scanners and signal transmitters in the FM band. 'is added.
6.
The administration of the prison will send a report to the court which took a decision on the matter at first instance to the guardian, if the sentenced has been restricted in his capacity, the territorial department of the Regional Directorate of Police of the Czech Republic responsible for the place of residence of the sentenced person, the social legal protection body or the social curator responsible for the place of residence of the sentenced person, the General Directorate of the Prison Service, the Regional Military Command, if the sentenced is subject to his record, and, in the case of pensioners and persons receiving a pension or service allowance from the competent social security authority. '
7. In Article 6 (2), the word "preventive 'is deleted.
8. In Article 6 (3), the words "preventive 'and" reporting' are deleted.
9. In Article 7 (1), the words "the possibility of providing or providing the necessary health services' shall be inserted after the words" prisons'.
10. in Paragraph 8 (1), the word "accepted" shall be replaced by "accepted" and the words "expert commission in composition" shall be inserted after the word "prison."
11. in Article 8 (3), the third sentence is deleted;
12. The following Section 8a is inserted after Section 8:
Demonstration of the condemned
(1) Judgments shall be presented to law enforcement authorities, other public authorities carrying out proceedings involving them, lawyers, lawyers representing the sentenced in another case and experts, as well as to the authorities and persons responsible for carrying out the control and supervision of the execution of the sentence.
(2) The defendant shall be brought to the defence if the lawyer proves his / her right to speak or to visit with full authority, in which he / she is authorised to represent in a criminal case or by written measure of the court on the provision of a lawyer by the defendant. The presentation of a convicted person for the purpose of a visit or interview with a lawyer shall not be denied.
(3) The sentenced person 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.
(4) Paragraph 2 shall apply mutatis mutandis to the presentation of a sentenced person to a lawyer representing the sentenced person in another case. ';
13. in Article 9 (1) (a):
"(a) at the request of a police authority approved by the Director of the Regional Directorate of the Police of the Czech Republic or the Head of its Territorial Department, the Director of the Police Department of the Czech Republic or the Head of the Police Department of the Czech Republic or the Head of the Department of the General Inspection of Security Corps or of another Head of Staff, if it is another police authority,"
14. in Paragraph 9 (1) (d), the words "necessary health care" are replaced by the words "necessary health services."
15. in Paragraph 10 (1), the words "or for the provision of the necessary health services" shall be added at the end of the text of point (a).
16. In Paragraph 10 (2), the words "to a prison of another type 'shall be inserted after the word" sentenced'.
17. in Article 12, the word "placing" shall be replaced by "classifying."
18. In Paragraph 13 (1), the word "personal 'is deleted.
19. in Article 13 (3), the words "to the coordinator of care for citizens not socially adapted" shall be replaced by "to the social curator."
20. In Paragraph 14 (1), the word "preventive 'is deleted and the words" and personal identity documents' are replaced by ", valuables, money, personal documents and documents'.
21. Paragraph 14 (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 1 is deleted.
22. In Paragraph 15 (2), the word "nursing 'shall be added after the word" deciding'.
23. Paragraph 16 (1) is deleted and paragraph 2 is deleted.
24. At the end of § 16, the sentence "If the sentenced person is granted therapeutic nutrition, the additional diet must not be contrary to it."
25. in Article 17 (2), "2" is replaced by "3" and at the end of the text of the paragraph, the words "in a quantity corresponding to the number of inmates who are convicted" shall be added.
26. in Article 17 (3), the word "lockers" shall be inserted after the word "beds."
27. in Article 17 (4), the words "where appropriate" shall be replaced by the words "in quantities required."
28. Paragraph 17 (5) reads:
"(5) If the accommodation rooms are in the cell, they must be equipped with a bathroom, which contains a toilet and a sink with running drinking water. The toilet must be separated from the remaining cell space by at least an opaque screen. Electrical lighting and signalling (calling) devices shall be introduced into each cell. ';
29. In Article 17 (6), the second sentence is replaced by the following: "A cell or bedroom intended for accommodation of only one person shall not have a space of less than 6 m2."
30. In Paragraph 18 (1), the words "; the Director of the Prison shall decide on the carrying of seasonal equipment components' shall be added at the end of the text of the sentence"; otherwise they shall be responsible for the damage caused '.
31. In Paragraph 18, paragraph 6 is added:
"(6) For the purposes of wearing clothing and footwear, all periods other than those specified in the schedule of the day for the implementation of the activities of the treatment programme referred to in § 36 (3) to (6) shall be considered out of time. ';
32. In Paragraph 21 (2), "once 'is replaced by" twice'.
33. in Article 21 (3), the words "normally once a month" shall be inserted after the words "needs."
Article 34 (23), including the title, reads:
Health care
(1) Health services are provided to the convicted person by the Prison Service in its health facilities and, if necessary, in cooperation with other health service providers.
(2) If the medical condition of the sentenced person requires the provision of urgent medical care and if it is not possible to provide it in 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 the doctor orders the medical emergency service or medical emergency services provider to provide outpatient or bedside 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 the care of the prison service, his instructions for carrying out this procedure shall be binding on the authorities of the prison service and shall be complied with without delay.
(4) The refusal of the food to be sentenced shall be notified without delay by a doctor who shall continuously monitor the health status of the sentenced and shall decide on the manner in which it is supervised and the prosecutor who shall supervise the execution of the sentence.
(5) A crisis department is set up in prison for convicted in acute mental distress.
(6) A convicted person who, due to his mental state, threatens himself or his surroundings may be placed, on the advice of his doctor, on a special cell which is part of the crisis department for an essential period of time.
(7) Upon his own request, a convicted non-smoker shall always be placed separately from the convicted smokers. '.
35. in Article 24, the following paragraph 1 is inserted:
"(1) The defendant may only receive and send correspondence in writing through the holder of the postal licence (hereinafter referred to as the post office). ';
Paragraphs 1 to 8 shall be renumbered paragraphs 2 to 9.
36. In Paragraph 24 (4), the word "without delay 'shall be deleted and the words" the same day that it was taken from the post office' shall be inserted after the word "the transfer '.
37. in Article 24 (5), "2 and 3" is replaced by "3 and 4";
38. in Paragraph 24 (7):
"(7) The prison administration records all correspondence referred to in § 26 (1) of the Act and in § 34 (1). Other correspondence shall be recorded only if it is sent as recommended; the recommended consignment shall be transmitted to the sentenced against the signature. ';
39. in Paragraph 25 (2), the words' incorporated in his personal file 'shall be replaced by' registered ';
40. In Article 25 (4), the word "lawyer 'is replaced by" lawyer or person referred to in Article 17 (3) or Article 61 (9) of the Act'.
41.Paragraph 25 (5) reads as follows:
"(5) All calls made to the defendant shall be recorded."
42. In Paragraph 26 (2), "7 'is replaced by" 9'.
43. In Article 26 (3), the words "or passport 'are replaced by the words", passport or other identity card issued by a foreign State recognised by the Czech Republic as valid'.
44. Paragraph 26 (4) is deleted.
Paragraph 5 shall become paragraph 4.
45. in Paragraph 30, "100" is replaced by "60."
46.Paragraph 31 (3) reads as follows:
"(3) The basic matters of personal need may be provided to the convicted persons referred to in Article 16 (8) of the Act by means of a voucher for their purchase. '
47. In Section 31, the following paragraph 4 is added:
"(4) Purchases of reserved medication3) and medical devices can only be made after prior written consent of the treating physician of the Prison Service.
3) Act No. 378 / 2007 Coll., on Medicines and on Changes to Certain Related Acts (Law on Medicines), as amended. '
48. in Paragraph 32 (2):
"(2) Certificates issued shall be recorded."
49. in Paragraph 32 (3), "7" is replaced by "9."
50. In Article 33 (1), the words "food intended for sportsmen and persons at increased physical performance 'shall be replaced by the words" national'; the words "fascism and similar movements' shall be replaced by the words" movement to suppress human rights and freedoms'; the words "printed matter or materials containing a description of the manufacture and use of addictive substances, poisons, explosives, weapons and ammunition 'shall be replaced by the words" printed matter or materials containing a description of the manufacture and use of poisons, explosives, weapons and ammunition, as well as printed matter or materials containing a description of the manufacture of addictive substances';
51. in Paragraph 33 (2), the word "written" shall be deleted;
52.
"(2) Paragraph 1 (1) of Act No. 21 / 2006 Coll., on the verification of the conformity of a copy or copy with the instrument and on the verification of the authenticity of the signature and on the amendment of certain laws (the Law on Verification), as amended."
53. In Paragraph 34 (8), the word "normally 'is replaced by the word" at the latest' and after the word "week ', the words" from the date on which the warden was informed of the application' are inserted.
54. In Article 35 (5), the words "and other facts found 'shall be inserted after the words" the social worker, chaplain'.
55. in Paragraph 36 (1):
"(1) The prison shall, on the basis of a comprehensive report, choose the treatment programme it deems appropriate for the sentenced. In doing so, it shall, in particular, monitor the minimisation of identified risks which have or may have had a connection with a criminal activity, or may have an impact on the future crime. ';
56. in Paragraph 36 (4) (a), the words "school and vocational training," shall be deleted;
57. Paragraph 36 (5) reads:
"(5) The specific educational activities of the treatment programme shall mean social, special pedagogical, psychological and therapeutic activities conducted by staff with the necessary vocational training, in particular:
(a) the area of the causes and consequences of committing crime;
(b) risks and criminal needs;
(c) the person convicted; or
(d) change of attitude, thinking and behaviour of the sentenced. "
58. In Paragraph 36 (6), the word 'various' is deleted.
59. In Paragraph 36 (7), the words "offer of alternatives' are replaced by the words" implementation '.
60. The following Section 36a is inserted after Section 36:
(1) A minimum treatment programme shall be set up for the low-risk convict, stressing work and interest activities. The minimum treatment programme shall be characterised by a lesser degree of professional intervention.
(2) A standard treatment programme is set up for the condemned with medium to high risks, stressing work and education activities. The standard treatment programme shall be characterised by a medium level of professional intervention and activities generally targeted.
(3) A special treatment programme is set up for the condemned with high to very high risks, which places emphasis on activities specifically educational and educational. The special treatment programme is characterised by a greater degree of professional intervention and training activities.
(4) A programme of exit treatment shall be established for a sentenced person who, given the length of the sentence or the need to assist in creating favourable conditions for a self-sufficient life in accordance with the law, needs to be prepared for life after his release from prison.
(5) A regular part of the treatment program is the possibility and offer of prison interest and leisure activities.
(6) The activities referred to in § 36 (3) to (6) may be combined in such a way that the treatment programme is compiled to the extent necessary in an individualised manner. Where there are several variants of the treatment programme which are equivalent as a result, the condemned choice of the particular variant shall be allowed. The acceptance of the treatment programme shall be confirmed by the signatory. ';
Article 61 (37) and (38) read:
Convicted refusal to sign a treatment programme shall be included in the basic incentive scheme, stressing the observance of order and safety and working activity corresponding to the defendant's health. The incentive programme is characterised by an individual degree of professional intervention in order to motivate the condemned to change attitudes and behaviour.
(1) The success of the implementation of the programme of treatment of the sentenced person in the areas of objectives, activities, order and discipline is generally assessed once
(a) a month from now in a juvenile prison,
(b) in two months' time in a prison with supervision and supervision and in the exit departments of security and surveillance prisons,
(c) in three months' time in a security prison,
(d) six months in a high-security prison.
(2) The sentenced person shall be clearly aware of the results of the evaluation of the staff member of the detention unit (detention and detention department).
(3) In the evaluation, the treatment programme shall be updated in accordance with the degree and success of its implementation. The defendant is involved in updating the treatment programme. An update of the treatment programme is also a change in the option of the treatment programme. ';
62. In Paragraph 39 (1), the words "the basic basis for a proposal for a transfer to a prison of another type 'are replaced by the words" part of a comprehensive assessment of the purpose of the execution of the sentence'.
63.In Paragraph 39 (2):
"(2) The proposal for the transfer of a sentenced person to a prison of another type shall be processed on the basis of a comprehensive evaluation of the purpose of the execution of the sentence. The application shall normally be lodged by the warden of the prison on the basis of the advice of professional staff. ';
64. In Paragraph 39 (3), the words "assessment of the treatment programme 'are replaced by the words" comprehensive assessment of the purpose of the execution of the sentence'.
65. In Paragraph 39 (4), the words "the sentenced person has been treated in the manner proposed in the comprehensive report and 'are deleted.
66.In Paragraph 39 (4) (a):
"(a) the sentenced refuses to accept or fail to comply with a treatment programme for at least three consecutive evaluation periods; or"
67. in Paragraph 39 (5), the words "Choice and method of implementation" shall be replaced by the words "implementation" and the words "generally" shall be deleted;
68. In Article 39 (7), the words "with an unclarified and fluctuating attitude and access to the treatment programme and its obligations' are replaced by the words" which partially fulfil the treatment programme and are primarily acting in accordance with the internal rules; This group shall, as a general rule, be designated as an entry point for sentenced persons entering the sentence '.
69. in Paragraph 39 (8) (a):
'(a) refuse to accept or fail to comply with the treatment programme;';
70. In Paragraph 39 (10), the words "(Paragraph 38 (1), (2)) 'are deleted.
71. In Paragraph 40, the words "and aim at minimising the risks associated with, or likely to affect, criminal activity in the future, shall be added at the end of paragraph 2. '.
72. In Paragraph 41, the words "and taking into account the expertise of the convicted, the prohibition on the sentenced to carry out an activity or the impact on order or security in the prison 'shall be added at the end of paragraph 1.
73.In Paragraph 41 (2) (b):
"(b) who is a beneficiary of an invalidity pension for a third-degree invalidity,"
74. In Paragraph 41 (3), the words "do not allow interest, including television and radio broadcasting ', shall be replaced by the words" allow only activities to minimise the risks that have or are related to criminal activity, or may have an impact on future crime'.
75. In Paragraph 44, at the end of paragraph 1, the sentence "Before being assigned to work or, where appropriate, during the period of inclusion, if justified, the sentenced person shall undergo an occupational medical examination; for the performance of the work, the sentenced may be classified if he is disabled or is disabled on condition. ';
76. In Paragraph 44 (4), the words "Permanent supervision 'are replaced by the words" Supervision'.
77. In Paragraph 46 (1), the second and third words, "teaching and vocational training" shall be deleted.
78. In Paragraph 46, at the end of paragraph 1, the sentence "The sentenced must be disabled in a specific training programme."
79.Paragraph 47 (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. ';
80. Paragraph 48 (2) is deleted and paragraph 1 is deleted.
81. In Paragraph 49 (1), the first sentence is replaced by the sentence "In a prison with supervision and a prison with supervision, with the exception of the department set up in juvenile prisons, high-security prisons, high-security prisons (§ 8 (3) of the Act) or detention prisons, special construction equipment and armed guards are not used to prevent the escape of the convicted."
82. in Paragraph 50 (1), "4" is replaced by "5."
83. In Paragraph 50, at the end of paragraph 2, the sentence "The reasons for the longer locking period are set out in the internal rules of the prison."
84. in Paragraph 51 (1), the word "designated" shall be inserted after the word "V."
85. in Article 53 (6), the word "placed" is replaced by the word "classified."
86. In Section 56, the words "disciplinary 'and" disciplinary' are deleted.
87. In Paragraph 57 (1), the first and second words "disciplinary" shall be deleted.
88. in Paragraph 62 (4), "1000" is replaced by "5,000."
89. In Paragraph 63, at the end of paragraph 1, the sentence "A battery radio shall not be allowed to carry in a closed compartment. 'is added.
90. in Paragraph 63 (3), the second sentence is deleted;
91. in Paragraph 66 (1), the words "and for the period of temporary incapacity for work of the sentenced, unless otherwise determined by the doctor" shall be replaced by the words "or, if the doctor so decides on the basis of the medical condition established."
92.In Paragraph 84 (4) (a):
'(a) refuse to accept or fail to comply with the treatment programme;';
93. In Paragraph 87, the words "educational establishments' are replaced by the words" educational establishments for constitutional or protective education '.
94.Paragraph 91 (3) reads as follows:
"(3) Health care for a child who is taken care of in a prison is provided by the Prison Service, as a general rule, under a contract with a provider authorised to provide medical services in the field of practical medicine for children and adolescents or in the field of childhood medicine. '
95.Paragraph 6 of Paragraph 91 is deleted.
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Regulation Information
| Citation | Decree No. 19 / 2015 Coll., amending Decree No. 345 / 1999 Coll., which gives the order for the execution of the prison sentence, 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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