Act No. 218 / 2003 Coll.
Law on the responsibility of young people for unlawful acts and on the judiciary in youth matters and on the amendment of certain laws (Law on the judiciary in youth matters)
Valid
Law
Effective from 01.01.2004
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
HLAVA II
Díl 1
§ 5
§ 6
Díl 2
§ 7
§ 8
Díl 3
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
Díl 4
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
Díl 5
§ 21
§ 22
§ 23
Díl 6
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
Díl 7
Oddíl 1
§ 36
§ 37
§ 38
§ 39
§ 40
Oddíl 2
§ 41
Oddíl 3
§ 42
§ 42a
§ 43
§ 44
Oddíl 4
§ 45
Oddíl 5
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
Oddíl 6
§ 52
§ 53
§ 54
Oddíl 7
§ 55
§ 56
§ 57
§ 58
Oddíl 8
§ 59
§ 60
Oddíl 9
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
Oddíl 10
§ 68
§ 69
§ 70
§ 71
Oddíl 11
§ 72
§ 72a
Oddíl 12
§ 73
Oddíl 13
§ 74
§ 75a
§ 76
§ 77
§ 78
§ 79
§ 80
§ 80a
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 88
Díl 8
§ 88a
HLAVA III
Díl 1
§ 88b
§ 89
§ 89a
§ 89b
Díl 2
§ 89c
§ 89d
§ 89e
§ 89f
§ 89g
§ 89h
Díl 3
§ 89i
§ 89j
Díl 4
§ 90
§ 91
§ 92
§ 92a
§ 93
§ 93a
§ 94
§ 95a
HLAVA IV
§ 97
§ 98
ČÁST TŘETÍ
§ 100
㤠291
ČÁST PÁTÁ
§ 102
ČÁST ŠESTÁ
§ 103
ČÁST SEDMÁ
§ 104
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218
THE LAW
of 25 June 2003
on the responsibility of young people for unlawful acts and on the judiciary in youth matters and amending certain laws (Law on the judiciary in youth matters)
Parliament has decided on this law of the Czech Republic:
LIABILITY OF YOUTH FOR INFRINGEMENT AND COURT OF JUSTICE IN THINGS OF YOUTH
GENERAL PROVISIONS
Purpose of the law and its relationship with other laws
(1) This law implements the relevant provisions of the European Union38) and regulates the conditions for the liability of young people for the offences listed in the Code of Criminal Procedure, the measures imposed on such offences, the procedure, decision-making and enforcement of the judiciary in the matters of youth.
(2) By discussing the offences committed by children under 15 years of age and youth, and by imposing measures for such offences, it is monitored that those who committed such offences should lead a proper life, in particular to refrain from further committing the offences and to find a social application appropriate to their abilities and to their reasonable development, and to contribute to the atonement of the damage caused by their crime, by their forces and capabilities; the proceedings must be conducted in such a way as to contribute to preventing and preventing the committing of unlawful acts.
(3) Unless otherwise provided for in this law, general laws shall be applied to those who, at the time of the act, did not exceed the eighteenth year of age. 1)
Definition of certain terms
(1) Unless otherwise provided by law, the following definitions shall apply:
(a) young children and adolescents,
(b) a child under 15 years of age who did not complete the 15th year of age at the time of the offence;
(c) to minors who, at the time of the offence, completed the 15th year and did not exceed the eighteenth year of their age; It is considered that young persons are also those who completed the 15th year of age at the time of the commit of the offence, but who cannot be determined without reasonable doubt that they exceeded the eighteenth year of age at the time of the commit of the offence.
(2) Under this Act, the following definitions shall also apply:
(a) criminal offence, criminal offence or other criminal offence;
(b) educational measures (Sections 15 to 20), protective measures (Sections 21 to 23) and criminal measures (Sections 24 to 35) in minors and measures imposed on children under the age of 15 (Section 93); adequate restrictions and obligations within the meaning of the Criminal Code and the Criminal Code replace educational measures;
(c) the bodies acting under this law are the police authorities, prosecutors, prosecutors in the design and judicial phase of proceedings for children under the age of 15 and youth courts (2);
(d) a special Chamber or, in the cases provided for by law, the President of such a Chamber or a single judge of the county, county, supreme and Supreme Court concerned;
(e) by a general court, another Chamber or a single judge of the same court or another court which does not deal with the unlawful acts of youth.
Basic principles
(1) No one may be affected under this law for an offence which was not punishable under the law at the time it was committed, and only that law, following the penal code, determines which acts are guilty or otherwise criminal, and sanctions and the way in which they are imposed, aimed primarily at restoring disturbed social relations, the integration of a child under 15 years of age or a minor into the family and social environment, and the prevention of unlawful acts.
(2) Penal measures may only be applied if specific management methods and measures, in particular restoring disturbed social relations and contributing to the prevention of unlawful acts, would not likely lead to the achievement of the purpose of this law.
(3) The measure imposed under this law must take into account the personality of the person to whom it is imposed, including his age and his intellectual and moral maturity, his state of health and his personal, family and social circumstances, and must be proportionate to the nature and severity of the act committed. The political, national, social or religious thinking of a young person or a child under the age of 15, his family or the family in which he lives, or the method of raising a young person or a child under the age of 15, cannot justify the imposition of measures under this law.
(4) The procedures under this law need to be followed taking into account the age, state of health, the rational and moral maturity of the person against whom it is directed, so that its further development is at least at risk and that the actions and their causes and circumstances which have enabled them are properly clarified and the responsibility for their committing them under this law is assumed. The procedure must be conducted in such a way as to prevent further unlawful acts. The institutions operating under this law shall cooperate with the competent social protection body.
(5) In proceedings under this law, the personal data of the person against whom the proceedings are conducted must be protected and the privacy of the person against whom the proceedings are conducted, so that any such person is protected against harmful effects, while respecting the principle that he is considered innocent until his guilt has been proven legally.
(6) Any child under the age of 15 or a minor, unless otherwise provided for in this law, shall have the right to have his or her act dealt with without undue delay and within a reasonable period of time by a youth court.
(7) Proceedings under this law must be aimed at attaining compensation for damage caused by an unlawful act or receiving other reasonable satisfaction.
(8) Judges, prosecutors, members of the police authorities and officials of the Probation and Mediation Service working in the criminal matters of young people must have special training for the treatment of young people.
Performance of the judiciary in youth matters
Judgments on juvenile matters and on the assessment of offences committed otherwise by children under the age of 15 shall be carried out by youth courts.
YOUTH
Criminal liability of minors
Responsibility of a minor
(1) A young person who, at the time of the commission of the offence, has not achieved such reasonable and moral maturity as to be able to recognise his illegality or to control his conduct shall not be liable for the offence.
(2) Where a minor referred to in paragraph 1 has committed an offence otherwise criminal or is not liable for any other legal reason, he may be treated in addition to safeguard measures (Paragraph 21) by similar procedures and measures applied under this law to children under the age of 15.
Guilt
(1) Crime 3) committed by minors is called guilty.
(2) Save as otherwise provided in this law, the criminal code applies to the assessment of the wrongdoing committed by minors.
Termination of the offence
Effective regret
Penalty of an offence to which the Penal Code provides for a custodial sentence whose upper limit is not more than five years, committed by a minor who has committed an offence
(a) voluntarily removed or corrected the result, or attempted to do so, in particular replacing the damage caused, taking the necessary measures to compensate for it, or otherwise seeking to atone for the consequences caused;
(b) has demonstrated its behaviour to be effective after correction; and
(c) the act had no permanent adverse consequences for the injured party or for the company.
Limitation of criminal prosecution
(1) The offence shall cease to be the end of the limitation period which shall:
(a) 10 years, if it is an offence for which the Penal Code provides for exceptional punishment;
(b) five years if the upper limit of the criminal rate is at least ten years in prison,
(c) three years for other offences.
(2) The provisions of the Criminal Code apply mutatis mutandis to the beginning, establishment and interruption of the limitation period.
(3) By the passing of the statute of limitations, the criminal offence does not cease, if the criminal code provides for the statute of limitations. 5)
Measures imposed on adolescents
Purpose of the measure
(1) In particular, the aim of the measure towards a minor is to create conditions for the social and mental development of a minor, taking into account the degree of rational and moral development he has achieved, personal characteristics, family education and the environment of the young person from whom he comes, and to protect him from harmful effects and prevent further wrongdoing.
(2) The provisions of the Penal Code on the extraordinary increase in the sentence of withdrawal of liberty (6) are not applicable to minors.
Types of measures
(1) Only the following measures may be imposed on a young person:
(a) educational measures;
(b) protective measures; and
(c) criminal measures.
(2) Educational measures may be imposed on a minor against whom proceedings are brought, with his consent, before the decision of the juvenile court on the blame of a minor is taken in the course of such proceedings.
Withdrawal of criminal measures
(1) The Court of Youth may waive the imposition of a criminal measure on a minor who has committed an offence to which the Criminal Code provides for a custodial sentence, the upper limit of which does not exceed five years, regrets the execution of which and demonstrates an effective attempt to remedy,
(a) where, in view of the nature of the act committed and the life of a minor, it can reasonably be expected that it will be sufficient to remedy the case before a youth court;
(b) if the act of failure to know the legislation is justified, in particular because of its age, maturity and the environment in which it lived; or
(c) where the youth court accepts a guarantee for the correction of a minor and considers that, in view of the educational influence of the person who offered the guarantee, the nature of the act committed and the person who is a minor, the imposition of a criminal measure does not appear necessary.
(2) Where a youth court has abandoned the imposition of a criminal measure, it may take the matter into account by advising the young person, or by asking the legal representative, guardian or foster child, another person who has been entrusted with the care of the young person, a school of which he is a juvenile pupil, or a school establishment for the pursuit of constitutional or protective education (hereinafter referred to as the "educational establishment ') in which he lives, in order to provide suitable training to the young person by means of educational means or educational measures under specific legislation; in that case, the youth court shall seek their opinion in advance. The persons and institutions referred to in the first sentence shall be required to inform the youth court of the means of education or training used and the outcome thereof.
The Court of Youth may waive the imposition of criminal measures on a minor even if:
(a) a minor has committed a criminal offence in a state of mental illness, and the youth court considers that the detention or treatment which it imposes at the same time will ensure that the juvenile is rectified better than criminal measures; or
(b) a safeguard or educational measure is used against him and criminal measures are not necessary to achieve the purpose of this law.
If the youth court forgoes the imposition of criminal measures, it is viewed as if it had not been convicted.
Contingency of the imposition of criminal measures
(1) Under the conditions set out in Paragraph 11 (1), the youth court may, on condition, waive the imposition of criminal measures if it considers it necessary for a specified period of time to monitor the behaviour of a minor.
(2) In the event of a suspension from the imposition of criminal measures, the youth court shall set a trial period of up to one year. At the same time, it may impose protective measures or educational measures on a minor to lead a proper life; He shall also, as a general rule, order him to make good, by his force, any damage or atonement to the property which he has caused by his guilt, or to make good the unfounded enrichment obtained by his guilt.
(3) If a minor who has been suspended from the imposition of a criminal measure has, during the probationary period, lead a proper life and has demonstrated improvement in the performance of his duties, the youth court may abolish the educational measure imposed if he can be expected to lead a proper life even without it, or no longer needs to be monitored and monitored in an increased manner; that decision may be taken by the youth court at the earliest after six months of the probationary period. The fixed trial period shall remain unaffected by the decision referred to in the first sentence.
(4) The Court of Youth may, in view of the circumstances of the case and of the young person, maintain a conditional waiver from the imposition of criminal measures even if the young person has given cause for the imposition of criminal measures, and
(a) provide for juvenile supervision, if not already imposed;
(b) adequately extend the trial period but not by more than one year; or
(c) lay down the education measures referred to in paragraphs 15 to 20 which are not yet imposed in order to ensure that a young person has a proper life.
(5) Paragraph 16 shall apply mutatis mutandis to the exercise of supervision.
(6) Where a minor who has been suspended from the imposition of criminal measures has lived a proper life in the trial period and has complied with the measures imposed, the youth court shall state that it has proved its worth; otherwise decide to impose criminal measures, if necessary during the trial period.
(7) If, within one year of the expiry of the probationary period of the decision referred to in paragraph 6, the court has not taken the blame without a minor who has been suspended from the imposition of a criminal measure, it shall be deemed to have proved his worth.
(8) If it has been stated that a juvenile who has been suspended from the imposition of criminal measures has proved to be good or if he considers himself to have proven himself, he shall be treated as if he had not been convicted.
Education measures
Storage and types of educational measures
(1) When abandoning a criminal measure or conditional abandonment of a criminal measure, juvenile educational measures may be imposed to achieve the purpose of this law. In addition to the protection or criminal measures imposed, or in connection with specific management methods, a juvenile educational measure may be applied, if their nature so permits. Educational measures may be imposed for a maximum period of a simultaneously determined trial period for conditional conviction or suspension of a cash measure; where they are imposed separately or in addition to other protective or criminal measures, they may be imposed for a maximum period of three years.
(2) The educational measures are:
(a) the supervision of the probation officer;
(b) the probation programme;
(c) educational obligations;
(d) educational restrictions;
(e) a warning.
(3) Educational measures may be imposed by the Youth Court and in the preparatory proceedings by the Prosecutor, with the consent of the person against whom the proceedings are conducted, as soon as the criminal proceedings have been completed. The young person may withdraw his consent at any time during the proceedings until its final termination by a declaration addressed to the youth court and, in the preparatory proceedings, to the public prosecutor conducting the proceedings. The exercise of the educational measure ends there.
(4) Educational measures guide the way a young person lives and thus promote and ensure their upbringing.
(5) If the full or timely implementation of the educational measure proves impossible for a minor or cannot be reasonably required, the youth court and the preparatory procedure shall cancel or amend the training measure ordered by the prosecutor. In other cases, the youth court may cancel the educational measure imposed at the earliest after one third of the period for which it was imposed but at the earliest after six months. The fixed trial period shall remain unaffected by the decision referred to in the second sentence.
(6) If the youth court finds that there are grounds for ordering constitutional education under the Civil Code, it shall initiate proceedings by the General Court.
Supervision of the probation officer
(1) The supervision of a probation officer is understood as regular monitoring of the behaviour of a minor in his family and of the manner in which parents are trained, monitoring of compliance with the probation programme and of the educational obligations and restrictions imposed by a juvenile youth court and in preparatory proceedings by a prosecutor or by law and his positive conduct by a probation officer to life in accordance with the law.
(2) The purpose of supervision by the probation officer is:
(a) monitoring and control of juvenile behaviour, aimed at ensuring the protection of society and reducing the possibility of repeat crime;
(b) professional guidance and assistance to minors in order to ensure that they lead a proper life in the future.
(3) A young person under the supervision of a probation officer is obliged to:
(a) cooperate with the probation officer in the manner determined by the probation officer on the basis of the draft probation plan;
(b) to visit the probation officer within a period to be determined by the probation officer; in determining those time limits, the probation officer shall take into account the circumstances of the minor, his / her life situation at the time of supervision and the environment in which he / she lives;
(c) inform the probation officer of his / her residence, employment, compliance with the educational restrictions or obligations imposed and other relevant circumstances for the exercise of supervision by the probation officer;
(d) do not prevent the probation officer from entering the residence.
Probation programme
(1) The probation programme shall include, in particular, a social training programme, psychological advice, a therapeutic programme, a programme involving a general activity, education, training, retraining or other appropriate programme for the development of social skills and the personality of a minor, with a different regime of restrictions in the normal way of life, which aims to avoid a juvenile from acting which would be contrary to the law, and to promote his appropriate social background and to settle relations between him and the injured. The Ministry of Justice shall keep a list of probation programmes in which it shall enter probation programmes provided by the Probation and Mediation Service and other probation programmes after approval by the Minister of Justice.
(2) The Court of Youth and in the preparatory proceedings of the Prosecutor may require a minor to submit to the probation programme referred to in paragraph 1 if:
(a) is appropriate in view of the needs of the young person and the interests of society;
(b) it is given sufficient opportunity to familiarise itself with the content of the probation programme; and
(c) the minor agrees to participate in it.
(3) As a general rule, a young person shall be ordered to make good, by force, damage or atonement for the non-property damage he has caused by his guilt, or to give unfounded enrichment obtained by his guilt.
Education obligations
(1) The Court of Youth and the preparatory procedure of the Prosecutor may impose on the young person an obligation of education, which he provides, in particular:
(a) he has lived with a parent or other adult responsible for raising him;
(b) pay, on a one-off or in instalments, an adequate amount of money, which he shall also determine, for the financial assistance to victims of crime provided under a special law;
(c) carry out, free of charge in his spare time, a socially beneficial activity of a particular species;
(d) seeking compensation for the victim;
(e) by his might, he has made good the damage caused by the sin or otherwise contributed to the end of the sin;
(f) he has undergone treatment for addictive substances which are not protective treatments or protective detention under the Criminal Code;
(g) it has submitted in its spare time to an appropriate social training programme, psychological advice, therapeutic programme, education, training, retraining or other appropriate programme for the development of social skills and the personality of a minor who is not a probation programme.
(2) The educational obligation to pay the sum of money shall be imposed if it can be assumed that the amount of money will be paid out of funds with which the young person may separately dispose. The Court of Youth and the preparatory procedure of the Prosecutor may provide that the amount of money shall be paid in reasonable monthly instalments.
(3) The performance of a social activity of a particular kind may be imposed only on a young person so as not to interfere with his preparation for a future occupation, in particular the performance of duties related to the school education programme, or the pursuit of a profession or profession, and for a maximum of four hours a day, eighteen hours a week and sixty hours in total.
(4) When imposing the educational obligation referred to in points (c) and (g) of paragraph 1, the youth court and the preparatory management of the prosecutor shall take into account the medical fitness of the minor.
Educational restrictions
(1) The Court of Youth and in the preparatory proceedings of the Prosecutor may impose on the young person an educational restriction providing that, in particular:
(a) has not attended certain events, facilities or other for a juvenile inappropriate environment;
(b) has not been involved with certain persons;
(c) not staying in a specific place;
(d) do not retain items which could serve to commit further offenses;
(e) not using addictive substances,
(f) did not participate in gambling, betting and playing on winning gaming instruments;
(g) has not changed his place of residence without prior notification to the probation officer;
(h) he has not changed his employment without prior notification to the probation officer without justification.
(2) The educational limit referred to in paragraph 1 (a), (b), (c), (d) and (g) may be imposed only on a minor so as not to interfere with his preparation for a future profession, in particular the performance of duties relating to the school education programme or the pursuit of a profession or employment.
Warning
(1) By warning the youth court and, in the preparatory proceedings, the legal representative of a minor in the presence of his legal representative or guardian, will strongly assert the illegality of his action and draw his attention to the specific consequences that he is facing under this law in the event of further criminal activity in the future.
(2) Where appropriate and appropriate, the youth court and, in the preparatory procedure, the prosecutors may at the same time request, at the same time as a warning, the legal representative, guardian or foster child, another person who has been entrusted with the care of a minor, a school of which he is a juvenile pupil, or an educational establishment in which he lives, to provide appropriate training to the young person by applying educational means or educational measures under specific legislation; in such a case, the youth court and the preparatory procedure shall seek their opinion in advance. The persons and institutions referred to in the first sentence shall be required to inform the youth court or public prosecutor of the means of education or training used and the outcome thereof.
(3) If a youth court has given a warning to a young person, he looks at a young person as if he were not convicted.
Safeguard measures
Types of safeguard measures
(1) Safeguard measures are protective therapy8), safeguard dettens8a), prevent cases 9), prevent parts of the property 37) and protective education. Their purpose is to positively influence the mental, moral and social development of a minor and to protect society from the wrongdoing of minors.
(2) Protective education can only be imposed under this Act, protective treatment, security detention, preventing cases and preventing parts of the property from being deposited under criminal law10).
Protection education
(1) The Youth Court may impose protective custody on a minor if:
(a) the education of a minor is not properly taken care of and the lack of proper education cannot be eliminated in its own family or in the family in which it lives;
(b) the adult education has been neglected; or
(c) the environment in which the young person lives does not provide a guarantee of appropriate education;
and it is not sufficient to impose educational measures.
(2) Protective education will continue as long as it requires its purpose, but until the eighteenth year of the age of a minor is completed. If the young person's interest so requires, the youth court may extend protective education until the end of the nineteenth year.
(3) If it is not possible to carry out protective training immediately, the youth court shall order the supervision of the probation officer until it is initiated. Paragraph 16 shall apply mutatis mutandis to the exercise of supervision.
(4) A youth court shall refrain from exercising protective education if the grounds for which it was imposed have elapsed before it was initiated.
Conditioned location outside protective training facilities
(1) If the rearing of a minor has progressed to the extent that it can be expected that, even without the restriction to which it is subjected during the exercise of protective education, it will behave properly and work, but not all the circumstances for which protection has been imposed have not yet passed, the court may decide on the conditional placement of a young person outside such educational establishment. In doing so, he may impose supervision on a probation officer or other educational measure on a minor. Paragraph 16 shall apply mutatis mutandis to the exercise of supervision.
(2) If they do not comply with the youthful expectation that, without the restrictions on which they were subjected to a protective establishment, they will behave properly, the youth court will abolish the conditional placement outside the educational establishment and decide to continue the exercise of the protective education.
Criminal measures
Types of criminal measures
(1) Only the following criminal measures may be imposed on a juvenile youth court for the offences committed:
(a) community service;
(b) cash arrangements;
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
HLAVA II
Díl 1
§ 5
§ 6
Díl 2
§ 7
§ 8
Díl 3
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
Díl 4
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
Díl 5
§ 21
§ 22
§ 23
Díl 6
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
Díl 7
Oddíl 1
§ 36
§ 37
§ 38
§ 39
§ 40
Oddíl 2
§ 41
Oddíl 3
§ 42
§ 42a
§ 43
§ 44
Oddíl 4
§ 45
Oddíl 5
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
Oddíl 6
§ 52
§ 53
§ 54
Oddíl 7
§ 55
§ 56
§ 57
§ 58
Oddíl 8
§ 59
§ 60
Oddíl 9
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
Oddíl 10
§ 68
§ 69
§ 70
§ 71
Oddíl 11
§ 72
§ 72a
Oddíl 12
§ 73
Oddíl 13
§ 74
§ 75a
§ 76
§ 77
§ 78
§ 79
§ 80
§ 80a
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 88
Díl 8
§ 88a
HLAVA III
Díl 1
§ 88b
§ 89
§ 89a
§ 89b
Díl 2
§ 89c
§ 89d
§ 89e
§ 89f
§ 89g
§ 89h
Díl 3
§ 89i
§ 89j
Díl 4
§ 90
§ 91
§ 92
§ 92a
§ 93
§ 93a
§ 94
§ 95a
HLAVA IV
§ 97
§ 98
ČÁST TŘETÍ
§ 100
㤠291
ČÁST PÁTÁ
§ 102
ČÁST ŠESTÁ
§ 103
ČÁST SEDMÁ
§ 104
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Regulation Information
| Citation | Act No. 218 / 2003 Coll., on the Liability of Youth for Illegal Acts and on Judicial Affairs in Youth Matters and on the Amendment of Certain Laws (Law on Judicial Matters in Youth Matters) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.2003 |
|---|---|
| Effective from | 01.01.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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