Act No. 257 / 2000 Coll.
Act on Probation and Mediation Service and amending Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Government of the Czech Republic, as amended, Act No. 65 / 1965 Coll., Labour Code, as amended and Act No. 359 / 1999 Coll., on Social Protection of Children (Law on Probation and Mediation Service)
Valid
Law
Effective from 01.01.2001
257
THE LAW
of 14 July 2000
on the Probation and Mediation Service and amending Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Government of the Czech Republic, as amended, Act No. 65 / 1965 Coll., Labour Code, as amended and Act No. 359 / 1999 Coll., on the Social Protection of Children (Law on Probation and Mediation Service)
Parliament has decided on this law of the Czech Republic:
PROJECT AND MEDIATION SERVICES
ESTABLISHMENT, ORGANISATION AND ACTIVITIES OF PROJECT AND MEDIATION SERVICES
Probation and mediation services
(1) A Probation and Mediation Service is hereby established which, to the extent provided for by this or by special legislation1) acts of probation and mediation in cases pending in criminal proceedings or in proceedings involving children under 15 years of age under the provisions of Title III of the Law on Judicial Matters.
(2) The probation and mediation service is an organisational component of the State and the entity.
(1) For the purposes of this Act, probation shall mean:
(a) the organisation and exercise of supervision of the suspect or accused, the defendant or the sentenced (hereinafter referred to as the accused);
(b) control of the execution of criminal penalties or measures (hereinafter referred to as "punishment") not related to the withdrawal of liberty;
(c) control of the execution of restrictions and obligations imposed on a suspect or accused in connection with suspension of the sentence, suspension of the application for punishment, suspension of prosecution, replacement of custody by other measures, suspension of sentence, suspension or suspension of the sentence, suspension of release or execution of other penalties; and
(d) individual assistance to and use of the suspect or accused person to lead a proper life has been granted by a court or public prosecutor to meet the conditions imposed on him, thereby restoring disturbed legal and social relations.
(2) For the purposes of this Act, mediation shall mean out-of-court mediation in order to resolve a dispute between a suspect or accused and a injured person and a conflict settlement activity carried out in connection with criminal proceedings. The mediation may only be carried out with the express consent of the suspect or the accused and the injured.
Organisation of Probation and Mediation Services
(1) The Probation and Mediation Service is headed by a Director appointed and dismissed by the Minister of Justice. The Director of the Probation and Mediation Service shall ensure its operation in terms of personnel, organisational, economic, material and financial.
(2) The fulfilment of the tasks of the Probation and Mediation Service in relation to the courts, prosecutors and authorities of the Czech Police, are provided by its centres, which operate in the offices of the District Courts or in the same way as those established by the District or Municipal Courts (hereinafter the "District Courts"). The Centre of the Probation and Mediation Service (hereinafter referred to as "the Centres'), which is at the same time the headquarters of the Regional Courts or the Municipal Court in Prague, also provides the tasks of the Probation and Mediation Service in relation to these courts, the relevant prosecutors and police authorities.
(3) The competence of the centres for the implementation of probation and mediation operations shall be governed by the jurisdiction of the court and in the preparatory proceedings of the prosecutor in whose district the Centre operates. In order to expedite the proceedings or for other important reasons, the President of the Chamber or of a Judge of the competent court and in the preparatory proceedings may order the execution of the necessary acts by the Centre in the district of which the person concerned by such acts resides.
(4) In municipalities which are located in two or more district courts, the centres may be merged in such a way that their number is less than that of local courts.
(5) Furthermore, the Centre may be subdivided, as appropriate, into departments focusing mainly on juvenile defendants, accused at the age of young people or users of narcotic drugs and psychotropic substances.
(6) The Statute for Probation and Mediation Services, issued by the Ministry of Justice (hereinafter referred to as "the Ministry"), provides for details for the creation of centres and their internal organisation.
Proceedings for children under 15 years of age
(1) In proceedings in the case of a child under 15 years of age under Title III of Part One of the Law on the Judicial Matters of Youth, the Probation and Mediation Service shall, where appropriate, make provision for the termination of the case before the Public Prosecutor or at the judicial stage of the proceedings to be waived from the imposition of measures or for the imposition and execution of appropriate measures. To this end, it provides professional guidance and assistance to a child who, at the time of the crime, did not otherwise complete the 15th year of age (hereinafter referred to as "child under 15 years of age ') and cooperates with the family and social environment in which he lives and works. In implementing the measure imposed, it shall also monitor and control the behaviour of a child under 15 years of age, where he is entitled to do so, in order to lead a proper life in the future.
(2) The probation and mediation service shall give special care to children under 15 years of age, contribute to the protection of the rights of persons affected by an otherwise criminal offence and assist them and other persons affected by the action in the removal of the consequences of an otherwise criminal offence, and contribute to the coordination of social and therapeutic programmes of work with children under 15 years of age, in particular when dealing with users of narcotic drugs and psychotropic substances.
(3) In cases other than the judicial phase of proceedings in respect of children under 15 years of age, the Probation and Mediation Service shall only operate against a child under 15 years of age on the basis of the mandate of a criminal or prosecuting authority. In the judicial phase of the proceedings, the Probation and Mediation Service shall carry out probation operations in cases provided for by law or under the authority of the Youth Court, and may, where appropriate, carry out mediation operations without the authority of the Youth Court.
(4) Article 2 and 7 shall apply mutatis mutandis to the activities of Probation and Mediation Services in proceedings concerning children under 15 years of age, unless otherwise provided for in this or in a special law.
Proceedings and mediation services in criminal proceedings
(1) The probation and mediation service shall, where appropriate, provide for the possibility for a case to be dealt with in one of the specific types of criminal proceedings, for the detention of a detention sentence, for the imposition and execution of a non-deprivation sentence, for a pregnant woman or a child-care mother of one year of age to be suspended or suspended from the execution of a deprivation sentence imposed for a particularly serious crime, for the imposition and execution of appropriate restrictions, a reasonable obligation or other measure in respect of conditional release, or for the suspension of the sentenced. To this end, it shall provide the suspect or accused with professional guidance and assistance, monitor and control his behaviour and cooperate with the family and social environment in which he lives and works, in order to lead a proper life in the future.
(2) The probation and mediation activity referred to in paragraph 1 shall consist in particular of:
(a) in the provision of supporting documents to the suspect or accused person and his family and social background;
(b) in establishing the conditions for a decision to suspend the application for punishment, to withdraw from the prosecution, to suspend the prosecution, to approve the settlement, in particular to discuss and conclude an agreement between the suspect or accused and the injured party on compensation or to issue unjustified enrichment, or settlement agreements, or conditions for other such procedural procedures or penalties not linked to the withdrawal of liberty, or to impose educational measures;
(c) in the exercise of supervision over the conduct of the accused in cases where a decision has been made to replace the custody by probation supervision;
(d) in the exercise of supervision over the conduct of suspects or accused persons in cases where supervision has been imposed, in the exercise of control to a specified extent of compliance with the conditions, restrictions, obligations and measures imposed on the suspect or accused, in the absence of supervision, or in the replacement of custody by other measures, or in the postponement or suspension of the execution of a custodial sentence, and in the control of the execution of non-deprivation penalties; and
(e) in the security and provision of probation and rehabilitation programmes.
(3) At the same time, the probation and mediation service helps to eliminate the consequences of the offence to the victims and other persons affected by the offence.
(4) The probation and mediation service is dedicated to the special care of young people accused and accused at the age of young people, contributing to the protection of the rights of persons damaged by crime and to the coordination of social and therapeutic programmes for the work of accused persons, in particular youth and users of narcotic drugs and psychotropic substances.
(5) The probation and mediation service is involved in crime prevention.
(6) Probation and mediation operations, provided that they are not entrusted by this or by special law to the exclusive competence of the Probation and Mediation Service, may be carried out by or by other persons.
(7) The probation and mediation service shall exercise its jurisdiction in cases provided for by law or under the authority of law enforcement authorities. Prior to the start of criminal prosecution, the Probation and Mediation Service shall, within its scope, carry out acts only on the basis of the mandate of the criminal authority. After the start of the prosecution, he may, where appropriate, carry out mediation activities without the authority in criminal proceedings, in particular on the initiative of the defendant and the injured party; inform without delay the competent law enforcement authority which may decide not to refer the case to mediation and therefore no mediation shall be carried out.
(8) In the context of probation and mediation operations, the Probation and Mediation Service shall be entitled to provide information and knowledge on the person suspected or accused or on the opinions of the injured party relevant to the decision of the court or prosecutor.
(9) The Police Authority and the Prosecutor shall communicate to the Centre matters appropriate for mediation; in particular, in juvenile criminal matters, it has progressed in such a way that mediation has been used since the beginning of criminal proceedings.
Specific provisions on the processing of personal data
(1) The probation and mediation service may process personal data where necessary for the exercise of its competence. Personal data may also be processed for a purpose other than that for which they were originally collected.
(2) The probation and mediation service may transmit or make available personal data to the authorities responsible for the prevention, search and detection of criminal offences and the prosecution of criminal offences, the execution of penalties and safeguards, the security of the Czech Republic, public order and internal security, including the search for persons and objects. The probation and mediation service may transmit or make available the personal data it has acquired in the exercise of its competence to public authorities for the performance of tasks within its scope.
Data Protection Officer
(1) The Data Protection Officer, which the Probation and Mediation Service processes for the exercise of its competence in the prevention, search and detection of crime and prosecution of criminal offences, the performance of criminal penalties and protective measures, the security of the Czech Republic, public order and internal security, including the search for persons and objects (hereinafter referred to as "the delegate"), shall be appointed by the Director of the Probation and Mediation Service staff, who shall be trained to carry out the tasks referred to in paragraph 2.
(2) The delegate
(a) provide information and advice on personal data protection obligations in the Probation and Mediation Service, including an assessment of the impact on personal data protection under the law governing the processing of personal data;
(b) check, taking into account the risk, nature and extent of the processing activities of personal data protection obligations; and
(c) is the contact point for and co-operates with the Office for the Protection of Personal Data in matters relating to the processing of personal data.
(3) The probation and mediation service will ensure appropriate conditions for the delegates to carry out their tasks properly, including access to and processing of personal data and the ability to maintain professional knowledge and skills. The probation and mediation service shall also ensure that the delegate is informed of all personal data processing activities planned and carried out.
(4) The tasks of the delegate under this Act may be performed by the delegate designated under the criminal rules by written agreement of the Probation and Mediation Service and the Ministry.
Synergy of Probation and Mediation Services with State Authorities and Other Institutions
(1) The probation and mediation service shall cooperate in the exercise of its competence with law enforcement authorities and youth courts in the proceedings under Title III of the Law on the Judicial Affairs of Youth.
(2) The Probation and Mediation Service shall, where appropriate, cooperate with social security authorities, schools and educational establishments, health service providers, registered churches and religious societies, interest associations of citizens, foundations and other institutions pursuing humanitarian objectives and, where necessary, coordinate such synergies with regard to the use of probation and mediation in criminal proceedings.
(3) In the exercise of its powers, the probation and mediation service cooperates with the authorities to which, under a special law, the exercise of social protection of children and the provision of a benefit of state social assistance, if that benefit is part of a livelihood component or benefits of assistance in material distress.
(4) In the context of probation and mediation, the staff of the Probation and Mediation Service shall be entitled to contact the public authorities and legal and natural persons requesting the communication of the necessary data, and shall, unless the special law or authorisation referred to therein prevents it, (2) communicate the required data without undue delay. In addition, in the context of the execution of probation and mediation, the Probation and Mediation Service is entitled to request, under the law on criminal records and criminal records, a copy of the criminal record and a copy of the records of offences administered by the Ministry.
(5) Where a public authority, legal or natural person, without justification, refuses to comply with a request pursuant to paragraph 4, the staff member of the Probation and Mediation Service shall refer the matter to the President of the Chamber or to a single Judge and, in the preparatory procedure, to the Prosecutor for further action.
(6) If the person to whom the probation or mediation is directed is in custody or in the execution of a prison sentence, or is in custody or in the execution of a prison sentence an accomplice or a injured party, the Probation and Mediation Service shall, in the exercise of its jurisdiction, proceed in conjunction with the Prison Service and the Judicial Guard of the Czech Republic. Where necessary in the light of the findings and the discussion of its opinion on a criminal case or the preparation of documents for the decision of a court or public prosecutor, the Prison Service shall allow the official of the Probation and Mediation Service to visit that person. Where that person is in custody for the reason set out in Paragraph 67 (1) (b) of the Criminal Code, an official of the Probation and Mediation Service may visit him only with the agreement of the President of the Senate or of a single judge and in the preparatory proceedings of the Prosecutor. Other persons in custody or in the execution of prison sentences may attend without such consent.
OFFICIALS AND ASISTENTS
Status of officials and assistants
(1) The tasks of the Probation and Mediation Service shall be performed by the staff of the State in the capacity of officials or assistants of the Probation and Mediation Service within its centres in employment. The employment of officials and assistants of the Probation and Mediation Services shall be governed by the Labour Code, unless otherwise provided for in this Act.
(2) The official of the Probation and Mediation Service must be upstanding and self-employed and must have a higher education degree in the field of social sciences obtained through the completion of his studies in the Master's study programme and a vocational examination which the Centre will allow him to carry out after completion of his basic qualification training for officials of the Probation and Mediation Service.
(3) Probation and mediation services can be assisted by an upstanding natural person over 21 years of age who is competent and has obtained secondary education in the field of social sciences.
(4) Officials and assistants are required to further educate and enhance their expertise.
(5) The scope and content of qualification training and vocational examinations for officials and the content of the specialisation course for assistants of the Probation and Mediation Services are laid down in the Statute of the Probation and Mediation Services.
Rights and obligations of officials and assistants
(1) An official of the Probation and Mediation Service is obliged, in the performance of his duties, to comply with the laws, other laws and instructions laid down by the President of the Chamber and in the preparatory proceedings by the Prosecutor of the Probation and Mediation Service, but may not be directed towards the method and outcome of the mediation. In doing so, they must act responsibly, respect and protect human rights and freedoms, the dignity of man, and avoid acts that could undermine the purpose of criminal proceedings or raise doubts about their objectivity and impartiality. In the event of failure to comply with these obligations, the President of the Chamber or the Judge-General may, and in the preparatory procedure, take measures to ensure that the case is assigned to another official of the Probation and Mediation Service.
(2) An official of the Probation and Mediation Service is entitled to seek the opinion of a suspect or accused person on the suspension of the application for punishment, on the suspension of the prosecution or on the imposition of a sentence not linked to the withdrawal of liberty, and, as regards the approval of the settlement, to seek the opinion of the suspect or accused and the injured party. Prior to the start of criminal prosecution, an official of the Probation and Mediation Service shall be entitled to seek an opinion in accordance with the first sentence only on the basis of the mandate of the criminal authority issued to the Probation and Mediation Service.
(3) An official of the Probation and Mediation Service has the right, within the limits of his or her competence, to consult and make notes and copies of the files and parts of the criminal files kept in the court, the Prosecutor's Office and the Police of the Czech Republic.
(4) An official of the Probation and Mediation Service may not perform probation and mediation operations on the same subject.
(5) Each operation shall be carried out and organised by the assistants of the Centre, who shall also carry out the necessary administrative work, as instructed by the official of the Probation and Mediation Services. Where assistants perform individual tasks as instructed by an official, paragraphs 1 to 4 shall apply mutatis mutandis to them.
(1) Both the official and assistant Probation and Mediation Services are excluded from carrying out probation and mediation operations for similar reasons provided for by the law to exclude law enforcement authorities. As soon as the official or assistant becomes aware of the facts for which he could be excluded, he shall immediately inform his direct superior who shall assess whether the grounds for exclusion are given. Until such assessment, the official or assistant may only carry out such acts in proceedings which are not subject to a deferral.
(2) Where a direct superior finds that grounds are given for the exclusion of an official or assistant of the Probation and Mediation Service, he shall assign the matter to another official or assistant.
(1) Both the official and assistant Probation and Mediation Services are required to remain silent after termination of their duties on matters which they have learned in connection with the performance of their duties. The obligation of confidentiality may not be invoked in respect of a police authority, court or public prosecutor in the course of probation. In the same way, they cannot rely on confidentiality vis-à-vis the Ministry with regard to the information needed to fulfil their obligations under the declared international treaty, which the Czech Republic is bound by.
(2) An official or assistant of the Probation and Mediation Service cannot, following his mediation activity, be questioned in the light of facts which he has learned in or in connection with the mediation of the dispute and which have not been expressed in the conclusion of an agreement between the accused and the injured, except in cases of a legally imposed obligation to prevent or notify the offence.
Head of the Centre for the Probation and Mediation Service
(1) The Centre shall organise and manage the Centre's work, which shall be appointed and withdrawn by the Minister of Justice, acting on a proposal from the Director of the Probation and Mediation Service after consulting the Council for Probation and Mediation.
(2) The Head of the Centre may not instruct officials and assistants of the Probation and Mediation Service to conduct probation and mediation operations in contravention of the instructions of the President of the Chamber or of a single Judge and in the preparatory procedure of the Prosecutor.
STATE GOVERNANCE OF PROJECT AND MEDIATION SERVICES
(1) In the performance of the administration, the Ministry creates conditions for the Probation and Mediation Service to perform probation and mediation properly, in particular in terms of personnel, organisational, economic and financial.
(2) The Ministry shall supervise the activities of the Probation and Mediation Services.
Probation and Mediation Council
(1) In the interests of conceptual and methodological influencing and directing the activities of the Probation and Mediation Service, a Probation and Mediation Council is hereby established as an advisory body of the Minister of Justice.
(2) The members of the Probation and Mediation Council are appointed by the Minister of Justice from among judges, prosecutors, officials of the Probation and Mediation Service and other persons with expertise and experience in the field of probation and mediation.
(3) The Probation and Mediation Council in particular:
(a) propose the rules on the basis of which probation programmes are established and the rules and standards of probation and mediation activities approved by the Minister for Justice by its decision;
(b) discuss conceptual and methodological materials prepared by the Ministry;
(c) express its views on the appointment and removal of the Heads of Centre of the Probation and Mediation Service;
(d) express its views on the temporary secondment of officials of the Probation and Mediation Service to the Ministry.
PROVISIONS COMMON, TRANSITIONAL AND FINAL
(1) Probation officials, senior judicial officers, judicial secretaries and prosecutors who have carried out probation activities on the date of effective application of this law shall, at their own request, be staff members of the Probation and Mediation Service at the Centre of the institution of which they were employees within one month of the date of application of this Act.
(2) Probation officials, senior judicial officers, judicial secretaries and prosecutors who have become employees of the Probation and Mediation Service pursuant to paragraph 1 may, for a period of two years from the date of application of the law, carry out the activities of the Probation and Mediation Service officials, even if they do not fulfil the qualification requirements laid down by that law. If, at this time, they start to study at a university within the framework of the Master's study programme in the field of social sciences and continue to do so properly, the possibility of carrying out the activities of officials of the Probation and Mediation Service shall be extended until the completion of the studies.
(3) Officials of the Probation and Mediation Service who do not commence the studies referred to in paragraph 2 shall become assistants of the Probation and Mediation Service after two years.
The Minister of Justice may also recognise as the final professional examination of the Probation and Mediation Service official an examination for probation officers before a commission appointed by the Minister of Justice, which was successfully composed before the entry into force of this Act.
(1) An official document issued for such purposes in the State from which the applicant comes or comes shall be sufficient to demonstrate the integrity and independence of a national citizen of a Member State of the European Union or of another State or stateless person. If such a document is not issued in that State, an affidavit from the applicant shall suffice.
(2) In order to meet the training requirements of Paragraph 6 (2), it is sufficient that the applicant for the post of official of the Probation and Mediation Service, who is a national citizen of a Member State of the European Union or of another State or a stateless person, proves,
(a) that he has the qualifications required for the performance of the official of the Probation and Mediation Service in a Member State of the European Union or another State of origin or of origin and has passed a difference test; or
(b) that he has performed a similar function as an official of the Probation and Mediation Service for two years over the past ten years in a Member State of the European Union or another State which does not provide for qualification requirements for that function and has passed a differential examination.
(3) The content and scope of the differential test are determined by the Probation and Mediation Service Statute.
(4) In order to meet the educational requirements of § 6 (3), it is sufficient for the applicant to prove that he is an assistant to the Probation and Mediation Service, who is a national citizen of a Member State of the European Union or of another State or a stateless person,
(a) that it has the qualifications required for the performance of the assistant of the Probation and Mediation Service in a Member State of the European Union or another State from which it originates or comes; or
(b) that he has performed a similar function as assistant to the Probation and Mediation Service for two years over the past ten years in a Member State of the European Union or another State which does not provide for qualification for that function.
Amendment of the Act on the Establishment of Ministries and other Central Authorities of the Czech Republic
Section 11 of Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Czech Government, as amended by Act No. 358 / 1992 Coll., Act No. 548 / 1992 Coll., Act No. 285 / 1993 Coll., Act No. 135 / 1996 Coll. is amended as follows:
1. the following paragraph 4 is inserted after paragraph 3:
"(4) The Ministry of Justice is the central body of the state administration for probation and mediation. '
Paragraph 4 shall become paragraph 5.
2. paragraph 5 is deleted;
Amendment to the Act on Social Protection for Children
In Paragraph 51 (4) of Act No 359 / 1999 Coll., on the Social Protection of Children, at the end of the period, point (c) is replaced by the following:
"(c) provide the Probation and Mediation Service, at its request, with information to the extent necessary for criminal proceedings.";
EFFECTIVE
This Law shall take effect on 1 January 2001.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
1) Act No. 40 / 2009 Coll., Criminal Code, as amended. Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended. Act No. 218 / 2003 Coll., 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), as amended.
2) For example, paragraphs 99 and 100 of the Code of Criminal Procedure.
2a) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended.
2b) § 1 of Act No. 133 / 2000 Coll., as amended by Act No. 53 / 2004 Coll.
2c) § 13b of Act No. 133 / 2000 Coll., as amended by Act No. 53 / 2004 Coll.
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Regulation Information
| Citation | Act No. 257 / 2000 Coll., on Probation and Mediation Service and amending Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Government of the Czech Republic, as amended, Act No. 65 / 1965 Coll., Labour Code, as amended and Act No. 359 / 1999 Coll., on Social Protection of Children (Act on Probation and Mediation Service) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.08.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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