Decree of the Ministry of Justice of the Czech Republic No. 247 / 1992 Coll.
Decree of the Ministry of Justice of the Czech Republic issuing the Order for the execution of a prison sentence in the correctional institutions of the Czech Republic
Valid
Effective from 01.06.1992
Contents
ČÁST PRVNÍ
HLAVA PRVNÍ
§ 1
§ 2
§ 3
HLAVA DRUHÁ
§ 4
HLAVA TŘETÍ
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
HLAVA ČTVRTÁ
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
HLAVA PÁTÁ
§ 20
§ 21
HLAVA ŠESTÁ
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
HLAVA SEDMÁ
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
HLAVA OSMÁ
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
HLAVA DEVÁTÁ
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
HLAVA DESÁTÁ
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
HLAVA JEDENÁCTÁ
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
ČÁST DRUHÁ
HLAVA PRVNÍ
§ 92
HLAVA DRUHÁ
§ 93
§ 94
§ 95
§ 96
HLAVA TŘETÍ
§ 97
§ 98
§ 99
HLAVA ČTVRTÁ
§ 100
§ 101
HLAVA PÁTÁ
§ 102
§ 103
HLAVA ŠESTÁ
§ 104
§ 105
§ 106
§ 107
§ 108
§ 109
§ 110
§ 111
HLAVA SEDMÁ
§ 112
§ 113
§ 114
§ 115
§ 116
§ 117
HLAVA OSMÁ
§ 118
§ 119
HLAVA DEVÁTÁ
§ 120
§ 121
§ 122
§ 123
ČÁST TŘETÍ
§ 124
§ 125
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247
DECLARATION
Ministry of Justice of the Czech Republic
of 24 April 1992
to be issued Order of execution of the prison sentence in the correctional institutions of the Czech Republic
The Ministry of Justice of the Czech Republic provides, pursuant to § 72 of Act No. 59 / 1965 Coll., on the execution of the prison sentence ("the Act '), in an agreement with the Attorney General of the Czech Republic:
GENERAL PART
BASIC PROVISIONS
General provisions
(1) The order for the execution of a custodial sentence in the correctional institutions of the Czech Republic (hereinafter referred to as the "Order for the execution of the sentence") provides in more detail for the performance of the rehabilitation activity and for the associated rights and obligations of the convicted persons.
(2) The order of execution of the sentence provides for the execution of a custodial sentence (hereinafter referred to as "the sentence ') in all penal institutions, juvenile correctional institutes and detention institutions, where the sentence is also served, in the territory of the Czech Republic (hereinafter referred to as" the Institute').
The basic organisational article in which rehabilitation activities are carried out is the convicted collective. Convicts are included in the collective, taking into account their personality, usually in the number of 20 to 30 sentenced to one single tutor.
Advisory Board
(1) The Advisory Board is the advisory body of the Director of the Institute. It deals with methodological and conceptual issues of penitentiary theory and practice and recommends the application of new knowledge, forms and methods of rehabilitation.
(2) The members of the Advisory Board are representatives of the Director of the Institute, the Head of the Department for the execution of the sentence (separation of custody and punishment) and its representatives, psychologists, social workers, sociologist and constitutional doctor. If necessary, the Director of the Institute may invite other staff of the Institute and other persons from civil life, judges, prosecutors, representatives of other state bodies and municipal authorities.
SPECIFIC EDUCATION PROCEDURES
General provisions
(1) The specific training procedures are:
(a) social training, group advice, group psychotherapy,
(b) individual psychotherapy, individual training procedures, social legal advice,
(c) specifically teaching procedures.
(2) Special training procedures may only be applied by a professional or, where appropriate, by a civil worker (hereinafter referred to as "the member '). Choir of Correctional Education of the Czech Republic (" the Choir') or another expert.
(3) Where a sentenced person has been selected in one of the forms of group influence referred to in paragraph 1 (a), his participation shall be compulsory.
CULTURAL TRAINING AND TRAINING
Cultural educational work
(1) Cultural education shall include in particular:
(a) legal education aimed at maintaining the rule of law;
(b) health education, in particular alcohol and drugs;
(c) lectures and discussions, in particular on ethical issues, marital and parental education, historical, cultural, environmental and economic topics;
(d) the use of the constitutional library, the printing and, where appropriate, the publication of its own constitutional journal;
(e) the interests of the convicted (interest rings),
(f) film performances, radio, television and video programmes;
(g) own cultural, educational and entertainment programmes of the convicted,
(h) other actions contributing to raising the cultural level and general education of the condemned;
(ch) sports and physical activity, for which the Institute creates the necessary conditions and ensures basic sporting needs.
(2) Cultural educational events take place during personal leave and are voluntary.
(1) Convicted to order and cargo ensures the collection of daily newspapers and magazines. Daily newspapers and magazines may also be submitted to or sent to the sentenced by relatives or other persons, organisations or associations of interest of citizens.
(2) The Director of the Institute may allow convictions to be published in their own constitutional journal.
(3) The Director of the Institute, or an authorised member of the College, shall prohibit the dissemination and possession of printed matter or material promoting national, ethnic, racial, religious or social intolerance, fascism and similar movements, as well as printed matter or materials with pornographic content or containing a description of the manufacture and use of psychotropic substances, poisons and explosives.
Convicts are allowed to develop their creative skills in interest circles, expand their knowledge, or produce small art objects. Articles made of material provided by the Institute shall be kept in accurate and conclusive records. The Director of the Institute may authorise the sentenced person to donate the manufactured item to close persons or to retain it after the execution of the sentence; otherwise made up is the property of the Institute.
(1) The sentenced are allowed to monitor radio and television broadcasting. The scope of the monitoring of television programmes shall be determined by the Director of the Institute.
(2) Convicted persons shall be allowed to regularly, at least once every two weeks, to watch movies or video tapes.
They may organise their own cultural, educational and entertainment programmes only if they are in line with the mission of rehabilitation and after prior authorisation of the Institute Director.
Education of the condemned
The training of sentenced persons in the execution of the sentence shall be carried out in accordance with the applicable general rules.
(1) The evidence of education must not show that it was obtained in the execution of the sentence.
(2) It is prohibited to train those convicted of arms, explosives, psychotropic substances and poisons.
WORKING EDUCATION AND EMPLOYMENT
(1) The sentenced person shall be obliged to work in the execution of the sentence if he is assigned to work by a decision of the Commission, which shall be designated by the Director of the Institute (hereinafter referred to as the "classification commission ') and if his medical condition so permits.
(2) The obligation to work does not apply to the sentenced:
(a) fully disabled;
(b) meeting the conditions for granting an old-age pension;
(c) temporarily incompetent work;
(d) where it appears from the nature of the obstacle that his duty is excluded.
(3) A convicted person who, due to his age, medical condition or lack of appropriate work, is not assigned to work is entitled to social allowance.
(4) In the event of arbitrary and unjustifiable refusal of work, the sentenced person shall be placed separately from the other convicted persons at the time when he should otherwise be working, without being allowed to engage in interest or to watch television; in such a case, the sentenced person shall be charged in accordance with the special rule (1) for the costs of the execution of the sentence.
Convictions shall be subject to professional discipline, in particular:
(a) to work conscientiously and properly according to their strengths, knowledge and capabilities, to respect the principles of mutual cooperation and to follow the orders and instructions of members of the Corps and other staff who manage and organise the work of the convicted persons;
(b) to use full working time and means of production to carry out the work entrusted to them, to carry out quality, economic and timely work;
(c) comply with the rules to ensure safety and health at work;
(d) treat the resources entrusted with caution.
(1) The Director of the Institute shall be entitled, according to the employment law, to schedule the working hours of the convicted persons, or, where appropriate, to order them to work on days of leave and time or overtime, as well as the head of the organisation with other staff; is entitled, in particular, to adjust the working time of the convicted persons in such a way as to be consistent with the working time of the employer's staff.
(2) When ordering overtime to the sentenced Director of the Institute, he shall take into account the length of the sentence to be carried out by the sentenced person in a calendar year. Overtime cannot be ordered by a convicted person who is assigned to a risk workplace and a juvenile convicted.
(1) Before entering work, the sentenced must be properly informed of his rights and obligations as well as of the rules on health and safety at work which he must comply with in his work.
(2) Where the nature of the work so requires, the sentenced must be trained to carry out the work assigned to him, the length and extent of training being the same as for other workers.
(1) The condemnation of inclusion in work is generally divided into permanent working groups (brigades). The Head of the Working Party (Brigade) is a Brigadier appointed by the Director of the Institute or by him / her appointed member of the Corps for the performance of his / her duties in the department of execution of the sentence (separation of custody and punishment).
(2) The classification of sentenced to working groups (brigades) and the reassignment to another working group (brigades) shall be carried out in particular in accordance with the mission of rehabilitation. The transfer of a sentenced person to another working group (part-time job) shall be decided by the classification commission.
For those with competence, training shall be organised to improve their competence and obtain a higher qualification class, or a certificate of qualifications obtained, so that they can successfully engage in work after being released from prison.
In order to address the issues of organisation of work and the performance of tasks, meetings may be organised with the working groups (brigades) of the convicted, where necessary, with the participation of the employer's responsible managers.
Among the selected convicted persons who are not likely to take advantage of this, working groups (brigades) may be created without direct guards ("brigades without direct guards'). Sentence in a brigade without direct supervision shall work under the indirect supervision of a member of the Corps. Further conditions for the inclusion of sentenced persons in brigades without direct supervision shall be laid down by the Director, taking into account the corrective group and the specific conditions of the Institute.
CONSTRUCTION AND DISCIPLINE
(1) Convicts are required as soon as possible to adopt all the provisions of the constitutional order (Section 18 of the Act) and to act according to the principles set out therein.
(2) Convicts are required in contact with other persons to respect the principles of decent conduct used in ordinary social relations. In contact with a member of the Corps, a worker of a state body or another citizen of a health conviction in a manner used in ordinary social relations. Convicts are addressed by all persons by the words "sir" or "lady" with the addition of a function or surname, if they are known, and are criticised. When an organised transfer of a group of sentenced in a closed form of health in a manner commonly used in social contact, the sentenced person who leads the form.
(3) Convicts are required to treat the other sentenced as well and address them in a manner used in ordinary social relations.
(4) Between curfew and wake-up call, the sentenced on the bedrooms are obliged to keep the night's rest.
(1) In the premises of the Institute and in personal matters, the condemnation is required to maintain order and purity in accordance with hygiene standards. Cleaning, modification of facilities to improve the environment, kitchen support work and other work necessary for the operation of the Institute shall be subject to the obligation to carry out, on an out-of-work basis, without entitlement to work remuneration. At the time of personal leave and the appearance of the convicted persons, such work can only be ordered exceptionally if an exceptional situation is required.
(2) Convicts can only be smoked in designated places.
(3) The defendant shall be prohibited from making contact with persons who are not entitled to do so with a view to sending or receiving letters or items, including money or obtaining other benefits.
(4) The convicted person shall also be prohibited from gambling and other games for money, things, services or otherwise endangering the physical and moral integrity of the convicted.
(5) The collective movement of sentenced persons (recruitment, examination of the number of sentenced persons, etc.) is carried out in an organised manner.
PARTICIPATION OF THE INSTITUTIONS AND ORGANISATIONS IN THE PERFORMANCE OF THE PRESENT
Participation of the prosecution and courts
In addition to carrying out tasks arising from generally binding legislation, prosecutors and courts may, in agreement with the Director of the Institute, participate in the rehabilitation activities, in particular:
(a) participation in lectures and discussions in the framework of the legal education of the convicted persons;
(b) cooperation and, where appropriate, methodological assistance in carrying out social legal advice for the sentenced;
(c) preparation of sentenced persons for life at liberty (prior to release from prison, information on the rights and obligations of the post-sentence) and assistance in resolving individual legal problems of the convicted persons, the resolution of which could contribute to the successful entry into life at liberty;
(d) participation in the Advisory Board of the Director of the Institute.
Participation of churches and religious societies
In agreement with the Director of the Corps or the Director of the Institute and the Church and Religious Society, they may participate in the rehabilitation of the convicted persons in accordance with generally binding legislation by providing spiritual services, in particular:
(a) the conduct of religious services for candidates from among the convicted persons;
(b) individual interviews, pastoral visits and by allowing individual access to religious acts;
(c) by leading study groups to interpret religious texts (Bible clocks),
d) by providing spiritual and religious literature,
(e) conducting lectures and meetings, in particular with ethical topics or concerts of musical groups and individuals;
(f) participation in the application of special educational practices (Section 4 (1));
(g) participation in the preparation of sentenced persons for freedom and the social work of the convicted persons;
(h) by other appropriate forms contributing to the purpose of the sentence, in agreement with the Director of the Corps or the Director of the Institute.
(1) Spiritual service in the Institute is performed by persons entrusted with the management of the relevant church or religious society. The Institute creates the most favourable conditions for spiritual care of the condemned. The condemned must not be forced to participate in worship services and to talk to the priests in any way, and must not be prevented directly or indirectly from participating.
(2) Spiritual service in the Institute is carried out in principle in the out-of-work period of the sentenced, in accordance with the constitutional rules, generally at the time defined by the timetable of the day.
(1) The Institute will provide suitable spaces for services, suitable rooms for providing individual spiritual services, in agreement with the spiritual community. The Institute is obliged to provide suitable conditions for privacy when providing individual spiritual services. It is not acceptable for a convicted man to be questioned about what his conversation with the clergyman was about.
(2) A clergyman shall be entitled to visit the convicted persons on the berth of the medical facilities of the Corps only with the consent of the physician concerned.
(3) An individual spiritual service shall be granted to a convicted person who carries out the disciplinary sentence of placing in a closed ward or solitary confinement upon his request.
(4) The spiritual is obliged to comply with the laws applicable to the enforcement of the sentence and respect the constitutional order.
(5) Convicts are appropriately informed about the possibility of visiting services and the possibility of providing individual spiritual services.
(6) If the sentenced person requests the provision of spiritual services, the Institute shall immediately inform representatives of the relevant church or religious society of the request.
(7) The condemned person has the right to have spiritual and religious literature with him at his own choice.
(1) The Ministry is entitled to ask the Institute to report on the conduct and state of health of the sentenced and to allow access to its personal file; the application shall be accepted by the Institute if the defendant agrees.
(2) The authorities of the Church or of a religious society from the place of residence of the sentenced person or having a relationship with the sentenced person are entitled to request a report on the conduct and health of the sentenced person; that request is accepted by the Institute if the defendant agrees to submit such a report. Upon request, the Institute of the Church or Religious Society shall also send a "Notification of the upcoming release of the person in prison '.
Participation of interest associations of citizens
(1) A citizens' interest association operating in accordance with generally binding legislation relating to the sentenced may entrust its representatives with visits to the sentenced. Visits shall take place on an out-of-work basis within a time limit set by the Director of the Institute and shall not be included in close visits.
(2) An interest association of citizens from the place of residence of the sentenced or having a relationship with the sentenced shall be entitled to request a report on the conduct and health of the sentenced; that request is accepted by the Institute if the defendant agrees to submit such a report. Upon request, the Institute shall also send "Notice of the upcoming release of a person in prison 'to the interest association of citizens.
(3) A citizens' interest association may, in cooperation with the Constitution, participate in the resolution of the social problems of the condemned and the creation of favourable social conditions for their lives after their release from prison.
Participation of public authorities, local authorities and other organisations
The public authorities, local authorities (municipal authorities) and, where appropriate, organisations other than interest associations of citizens may, in addition to the tasks arising from generally binding legislation, participate in rehabilitation activities, in agreement with the Director of the College or the Director of the Institute. In particular, the participation of social curators in the preparation of sentenced persons for life in freedom shall be encouraged.
ACCEPTANCE AND EMPLOYMENT
Recruitment
Convicts take place in the execution of sentences in designated institutes. Acceptances of sentenced persons who themselves appear to be sentenced shall normally be carried out on working days between 07.00 and 15.00.
The provisions of this Title shall also apply to those sentenced who take the execution of the sentence directly after prior detention or have been brought into the execution of the sentence.
(1) The sentenced person may be admitted to the execution of the sentence on the basis of a final and enforceable judgment of the court and of an order for enforcement of the sentence or of an order from the court to execute the sentence or an order from the court to supply the sentenced person.
(2) A thorough personal search shall be carried out on the admission of the sentenced person to the execution of the sentence by a person of the same sex.
(3) After a thorough personal examination, the sentenced shall be subject to the necessary hygiene and anti-epidemic measures. The sentenced will undergo an initial medical examination.
(4) The convicted person may keep photographs, letters, documents relating to the criminal proceedings against him, his own books and magazines in a number of adequate storage options in the box provided. The convicted person may also carry his own battery radio or tape recorder, pocket or wristwatch, electric razor and basic sanitary supplies. Remaining other matters shall be decided by the Director of the Institute or by a member of the Corps. Other items shall be taken into custody; the details of the storage of personal items are laid down in specific provisions.
A questionnaire shall be completed by the sentenced person upon the entry into force of the sentence. A personal file will be based on the defendant.
A report shall be sent to the court which took the decision at first instance, to the district (municipal, district) police department responsible for the place of residence of the sentenced, to the Central Services of the Corps, to the military administration of soldiers (including in advance) and to men older than 17 years of age, and, as regards pensioners, to the competent pensioner.
Placing in an institution
The placement of sentenced persons in individual institutes shall be carried out according to the principles of internal differentiation laid down in Section 8 of the Act, in particular by ensuring that they are separated from each other and from the other sentenced persons:
(a) more distortion of conviction with a tendency to act violently;
(b) convictions with significant psychopathic features,
(c) mentally disabled, physically weakened or easily controllable convictions;
(d) the convictions first served.
(1) Before placing a sentenced person in the appropriate institution or department, a psychological examination of his personality shall be carried out, as a rule, at the diagnostic centre; according to the outcome of the examination by the Head of the Corps, the location of the sentenced person in a particular institute shall be decided by the relevant rehabilitation group in the framework of internal differentiation. The psychological examination of the sentenced is aimed at identifying the specific needs of his resocialisation.
(2) The location of the sentenced person in the relevant institution or department shall be decided upon as soon as possible after receiving the result of the psychological examination of the sentenced person.
(1) Convicted in a competent institute is adopted by a commission whose chairman is the head of the detention department (detention and detention department); the members of this commission are a psychologist, a constitutional doctor, a social worker and other members of the Corps appointed by the Director of the Institute.
(2) Upon admission to the Institute, new arrivals of convictions shall be accommodated separately from other convictions. Any sentenced shall be subjected to hygienic-epidemiological measures and medical examination. The form of training is familiar with its rights and obligations, with the law, with this decree, with the constitutional order and with other formalities relating to its residence in the Institute. The sentenced shall draw attention to the possibility of having written contact with close persons. It shall also be allowed to familiarise itself with the environment in which he will perform the sentence, the nature of the work carried out in the Institute or in the workplace, as well as to make contact with members of the Corps assigned to the service (s) in that Institute. The sentenced does not work as long as these measures are implemented.
(3) Upon completion of the acts referred to in paragraph 2, the sentenced person shall, as a general rule, be summoned within 3 days before the inclusion commission, which shall discuss with him the content of the remedial educational activity, including him in the work and in the group of the convicted. The sentenced shall be taken over by the competent independent educator.
(1) The placement of sentenced persons in individual educational communities sentenced under the Institute shall be carried out in accordance with the principles laid down in Section 8 of the Law and Section 35 of this Order, while at the same time separating the sentenced persons for whom a favourable prognosis of educational influence from the convicted is more difficult to influence.
(2) More detailed conditions for internal differentiation of convicted persons shall be laid down in the Constitution so that, during the execution of the sentence, the sentenced person has the possibility of being assigned to a group of educational groups with a greater range of benefits and a more moderate regime (positive motivation system).
Movement of convicted persons
The sentenced shall be transferred to another institution or prison for a transitional period:
(a) a written request from the search authority or investigator;
(b) at the order of the prosecutor or the President of the Senate, who needs to be heard in criminal matters,
(c) if it is not possible to ensure the application of adequate restrictions within the meaning of Article 10 (2) of the Act in the institution where the sentenced person is serving the sentence,
(d) on a proposal from a doctor for medical treatment;
(e) on a proposal from the Director of the Institute for the purpose of training the sentenced or for other reasons worthy of special consideration;
(f) for the purpose of taking part in civil proceedings before a court or a public notary.
The sentenced shall only be transferred to another institution for a period not temporary if:
(a) the court has final ruled that the sentenced is to be transferred to another rehabilitation group;
(b) the Head of the Corps has ordered the transfer of a sentenced person to another institution of the same correctional group for reasons of special concern in order to ensure that the purpose of the execution of the sentence or to an institution for sentenced persons with reduced working capacity and convicted sensually, mentally or physically disabled or convicted with physical illness is fulfilled;
(c) directors of the institutes shall agree to transfer the sentenced to another institution of the same correctional group in the framework of internal differentiation in order to enhance the educational impact of the execution of the sentence;
(d) the directors of the institutes shall agree to transfer the sentenced to another institution of the same correctional group on the basis of a positive decision on the application of the sentenced or its loved ones; in this case, the sentenced person may be transferred to an institution of the same type of regime or to an institution (department) with a reduced regime.
Contents
ČÁST PRVNÍ
HLAVA PRVNÍ
§ 1
§ 2
§ 3
HLAVA DRUHÁ
§ 4
HLAVA TŘETÍ
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
HLAVA ČTVRTÁ
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
HLAVA PÁTÁ
§ 20
§ 21
HLAVA ŠESTÁ
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
HLAVA SEDMÁ
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
HLAVA OSMÁ
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
HLAVA DEVÁTÁ
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
HLAVA DESÁTÁ
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
HLAVA JEDENÁCTÁ
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
ČÁST DRUHÁ
HLAVA PRVNÍ
§ 92
HLAVA DRUHÁ
§ 93
§ 94
§ 95
§ 96
HLAVA TŘETÍ
§ 97
§ 98
§ 99
HLAVA ČTVRTÁ
§ 100
§ 101
HLAVA PÁTÁ
§ 102
§ 103
HLAVA ŠESTÁ
§ 104
§ 105
§ 106
§ 107
§ 108
§ 109
§ 110
§ 111
HLAVA SEDMÁ
§ 112
§ 113
§ 114
§ 115
§ 116
§ 117
HLAVA OSMÁ
§ 118
§ 119
HLAVA DEVÁTÁ
§ 120
§ 121
§ 122
§ 123
ČÁST TŘETÍ
§ 124
§ 125
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Regulation Information
| Citation | Decree of the Ministry of Justice of the Czech Republic No. 247 / 1992 Coll., which is issued by the Order of Enforcement in the Correctional Institute of the Czech Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1992 |
|---|---|
| Effective from | 01.06.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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