Act No. 276 / 2013 Coll.
Act amending Act No 293 / 1993 Coll., on the Enforcement of Bonds, as amended, and Act No 169 / 1999 Coll., on the Enforcement of Penalty and on the Amendment of Certain Related Acts, as amended
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Effective from 01.01.2014
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01.01.2014
10.09.2013
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276
THE LAW
of 21 August 2013
amending Act No 293 / 1993 Coll., on the exercise of custody, as amended, and Act No 169 / 1999 Coll., on the execution of prison sentences and amending certain related acts, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the law on enforcement
Act No. 293 / 1993 Coll., on the exercise of custody, as amended by Act No. 208 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 3 / 2002 Coll., Act No. 218 / 2003 Coll., Act No. 52 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 7 / 2009 Coll., Act No. 41 / 2009 Coll., Act No. 375 / 2011 Coll. and Act No. 105 / 2013 Coll., are amended as follows:
1. In Section 1, the words "civil servants (" employees') 'are replaced by the words "employees'.
2. In Article 3, the following paragraph 4 is added:
"(4) For the purposes of this Act, an employee of the Czech Republic who is assigned to perform his work in the Prison Service and a member of the Prison Service shall be understood as an employee of the Prison Service."
3. At the end of § 4, the sentence "Prisons established and repealed by the Minister for Justice is added. Prisons are administered by the Prison Service. '
4. In Article 5, at the end of paragraph 2, the sentence "A written copy of the statement of rights and obligations in the language of the State of which he is a citizen or in a language to which he understands shall be transmitted to the defendant without delay when he is acquainted with the first sentence."
5.
(1) They shall be placed separately:
(a) men from women,
(b) indictments for which there is reason to believe that they will thwart clarification of the facts relevant to criminal prosecutions (3), from other defendants;
(c) the charges against which joint proceedings are conducted;
(d) the charges of the convicted persons,
(e) allegations with infectious or mental illness or suspected of such illness.
(2) Unless otherwise specified, the following shall be placed separately:
(a) the charges which are prosecuted for any of the offences referred to in Article 88 (4) of the Criminal Code from the other accused persons;
(b) the charges which are prosecuted for a criminal offence committed by negligence and the charges which have not previously been sentenced to an unconditional prison sentence from the other defendants,
(c) the charges in custody for the reasons set out in Paragraph 350c of the Penal Code from the other defendants.
(3) The defendant who so requests shall be placed in a cell intended exclusively for non-smokers.
(4) The decision on the placing of the accused in customs duties shall be taken in accordance with the order of the court and the preparatory procedure, as well as by the prosecutor, to separate the location of the accused and, as far as possible, shall also take into account other aspects and facts, in particular the age and health of the accused, the degree of their disruption, life habits and personal characteristics.
(5) The defendant who so requests may be placed separately, provided that the purpose of the detention does not prevent it and that the prison conditions allow it.
(6) The defendant who acts aggressively or consistently in custody in breach of the obligations laid down by this law or incites others to breach those obligations shall be placed in a special cell, separate from the other accused.
3) § 67 (b) of Act No. 141 / 1961 Coll., as amended. '
6. Paragraph 8 (1) reads as follows:
"(1) The defendant shall be placed in a department of custody of the moderated regime, provided that the purpose of the detention or other circumstances do not be jeopardised. '
7. In Paragraph 8 (2), the word "common 'is deleted.
8.
Basic equipment of customs duties
For every defendant, there must be a bed and a lockable locker to store personal items. The cells are also equipped with a table and molars corresponding to the number of accused and social facilities. The toilet must be separated from the remaining space of the cell by an opaque screen. Electrical lighting and signalling (calling) devices shall be introduced into each cell. ';
9. In footnote 4, "§ 72 (1) and (2) 'is replaced by" § 71, 72 and § 72a (3)'.
10. In the first sentence of Paragraph 13 (3), the words "between the defendant and the lawyer representing the defendant in another case" shall be inserted after the word "lawyer."
11. In Article 13, the words "and, if the accused has no funds, at the cost of the prison 'shall be added at the end of the text of paragraph 3.
12. in Article 13a (1), the words "in justified cases" shall be replaced by "generally."
13. in Article 13a, the following paragraph 3 is inserted after paragraph 2:
"(3) The defendant has the right to use the phone to contact his lawyer or lawyer who represents the defendant in another case. If he has no funds, the prison will allow him first contact at his expense. '
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
14. at the end of paragraph 4, the following sentence shall be added: "The accused shall not be entitled to carry or use a telephone or other means of communication or recording in the exercise of his custody, including accessories and components. If it is allowed to use the phone, it is obliged to use the phone intended for this purpose by the prison. For persons in extradition or transfer custody, the competent judge shall allow the use of the telephone; in the framework of the preliminary custody of the prosecutor. ';
15. in Article 13a (5), "Article 14 (7)" is replaced by "Article 14 (9)."
16. in Paragraph 14, the following paragraph 5 is inserted after paragraph 4:
"(5) In justified cases, the warden may allow a visit without hearing or even visual inspection. '
Paragraphs 5 to 9 shall be renumbered paragraphs 6 to 10.
17. in Paragraph 14 (8), the words "without refund" shall be inserted after the words "terminate."
18. In the first sentence of Article 14 (10), the words "paragraph 1 'are deleted.
19. In footnote 5, the words "Paragraph 91 of Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 180 / 1990 Coll. 'are deleted.
20. In the second sentence of Article 16 (1), the word "generally 'is deleted.
21. In Article 16, the sentence "If the defendant does not have the funds to send the undisclosed items shall be added at the end of paragraph 3, they shall be sent to the prison and the costs shall be prescribed for him. '
22. In the second sentence of Article 16 (4), the word "deposit 'is replaced by" custody'.
23. In Paragraph 16 (4), the last sentence is replaced by the sentence "The accused must not carry financial cash during the exercise of his custody."
24. In the third sentence of Article 17 (2), the words "after carrying out the check referred to in the first sentence 'shall be inserted after the words" may';
25. Footnote 6:
"(6) Act No. 372 / 2011 Coll., on Health Services and the Conditions for Their Provision (Health Services Act), as amended. '
26. in Paragraph 18, the following paragraph 4 is inserted after paragraph 3:
"(4) The costs of health services provided to the defendant, which is not an insured person under the Act governing public health insurance and which cannot cover the costs of own resources deposited in the prison, shall be reimbursed to the extent of the costs related to the provision of urgent and acute health care and, in the case of foreigners, to the extent of the costs under the Act governing the residence of foreigners in the Czech Republic, by the Prison Service from the resources of the state budget, unless the reimbursement of costs is otherwise ensured; This applies even if the defendant cannot pay the cost of health services performed to maintain his health beyond the care paid by public health insurance or the state budget beyond the international agreements by which the Czech Republic is bound. '
Paragraphs 4 to 7 shall be renumbered paragraphs 5 to 8.
27. In Paragraph 18, the following paragraph 7 is inserted after paragraph 6:
"(7) The competent law enforcement authority shall inform the prisoners of the serious illness of the defendant or of his injury requiring hospitalisation without delay. The prison shall also inform the person designated by the defendant or the person close to him; they shall not inform a close person if the defendant has asked her not to do so. The prison shall always inform one of these persons without delay, as well as a public prosecutor who shall supervise compliance with the law in the exercise of custody, in the event of the defendant's death. '.
Paragraphs 7 and 8 shall be renumbered paragraphs 8 and 9.
28. in Paragraph 18 (8), the introductory part of the provision reads:
"The defendant shall be obliged to reimburse the increased costs incurred by the Prison Service for the protection, transport and demonstration to the health service provider, which shall mean the costs incurred by that fact."
29. in Paragraph 18 (9):
"(9) The accused with a severe disability shall have the right to ensure adequate conditions allowing the dignity of the detention. ';
30. in Paragraph 19 (1), the second sentence is deleted;
31. in Article 19 (2), the words "safety and health at work" shall be inserted after the words "remuneration."
32. In footnote 7, "Act No 65 / 1965 Coll. 'is replaced by" Act No 262 / 2006 Coll.';
33. Paragraph 20, including the title, reads:
Protection of the rights of the accused
(1) The defendant may lodge complaints and requests to the authorities responsible for the execution of his rights and legitimate interests; the complaint or request must be sent without delay to the authority to which it is addressed. The warden of the prison shall determine the staff of the Prison Service responsible for receiving and sending complaints and requests and their records; establish the conditions for the lodging of complaints and requests by the accused in order to prevent them from being treated by non-authorised persons.
(2) The prison service shall without undue delay inform the prosecutor, the judge or the authority carrying out the inspection of the prison, of the application of the defendant for an interview and, at their direction, allow such a conversation in the prison.
(3) The Prison Service staff shall inform the warden or his representative without undue delay of the request of the defendant for the hearing. Interview with the warden or his representative must be possible without undue delay.
(4) The defendant shall have the right to legal aid by his lawyer or lawyer who represents the defendant in another case, to have correspondence with him and to speak to him without the presence of a third party.
(5) Prisons' staff are required to ensure that the rights which the accusations have in custody are respected. '
34. In Paragraph 21 (2), the word "sentenced 'and" tattoo yourself or another person' shall be inserted after the word "accused ', and the words" tattoo yourself or another person, or be tattooed' shall be replaced by the words "may not also tattoo himself or another person, be tattooed or be held in prison by means of tattoo-making aids; This also applies mutatis mutandis to other ways of violating the integrity of human skin and holding aids to carry out such activities'.
35. footnote 8:
"8) § 130 of the Criminal Code. '
36. In Paragraph 21 (3), the first sentence is replaced by the following: "The defendant shall be required to undergo a personal and further inspection in order to ensure internal order in the prison and to prevent him from carrying an item whose custody is prohibited."
37. In Article 21, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) The accused is obliged, in contact with other persons, to respect the principles of decent conduct used in ordinary social relations.
(5) The accused shall be prohibited from harboring and disseminating printed matter or material promoting national, ethnic, racial, religious or social intolerance, movements aimed at suppressing the rights and freedoms of man, violence and cruelty, 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. ';
Paragraphs 4 and 5 shall become paragraphs 6 and 7.
38. in Paragraph 21 (6) (d), the words "to the staff of the Prison Service" shall be inserted after the words "to the co-accused."
39. in Article 21 (6), the following point (e) is inserted after point (d):
"(e) to notify the prison of the name and surname of the lawyer or lawyer who will represent him in another case or provide him with legal service,";
Points (e) to (g) shall be renumbered as points (f) to (h).
40. in Paragraph 21 (6) (f), the words "narcotic and psychotropic" are replaced by "addictive."
41. In Article 21 (6), the words "including an examination to determine whether he has used an addictive substance and, if the presence of an addictive substance is demonstrated, to compensate for the cost of such an examination," shall be added at the end of the text in point (f).
42. In Article 21 (6), the words "and to maintain order and purity in personal matters' shall be added at the end of the text in point (g).
43. In Article 21, at the end of paragraph 6, the dot is replaced by a comma and the following points (i) to (l) are added:
"(i) to keep the night calm during a continuous eight-hour sleep time;
(j) not to smoke in places where this is prohibited due to potential threats to the health of non-smokers or for fire-fighting reasons by the warden;
(k) notify in writing when entering the prison whether the pension savings are involved;
(l) to notify the change of the health insurance undertaking and the change of personal or family data which it has reported when it is entered into custody. ';
44. The following Sections 21a and 21b are inserted after Section 21:
Obligation to reimburse the costs associated with the exercise of the binding
(1) The warden of the prison shall decide on the obligation for the defendant to reimburse the costs of the execution of the detention
(a) the cost of dispatching non-referred items pursuant to Article 16 (3);
(b) the cost of health services pursuant to Article 18 (4) of the sentence behind the semicolon and Article 21 (6) (h) and the regulatory fees;
(c) increased costs of surveillance, transport and demonstration pursuant to Paragraph 18 (8);
(d) the cost of the examination to determine whether the defendant has used an addictive substance, in the event that the presence of an addictive substance is demonstrated, pursuant to Article 21 (6) (f).
(2) In the decision referred to in paragraph 1, the individual costs shall be quantified. The defendant may lodge a complaint against this decision within 3 days of service, which shall be decided by the Director-General of the Prison Service or by an authorised staff member of the Prison Service. Submission of a complaint shall have suspensory effect.
(3) The execution of decisions imposing an obligation on the defendant to reimburse the costs referred to in paragraph 1 shall, during the period of enforcement of the detention, be carried out by withholding from the remuneration, the money deposited in the prison or by ordering the claim.
Compensation
(1) If the accused has caused damage to the property of the State with which the Prison Service operates, and the amount of this damage does not exceed CZK 10 000, he shall decide on the obligation to compensate for this damage. The defendant may lodge a complaint against the decision taken by the Director-General of the Prison Service or by his authorised staff member of the Prison Service within 3 days of service. Submission of a complaint shall have suspensory effect.
(2) The enforcement of decisions imposing an obligation on the defendant to make good the damage referred to in paragraph 1 shall, during the period of enforcement of the detention, be carried out by withholding from the remuneration, the money deposited in the prison or by ordering the claim. "
45. in Paragraph 23 (1):
"(1) The disciplinary authority of the accused shall be exercised by the Director-General of the Prison Service and by the prison directors and their authorised staff of the Prison Service. '
46. In Paragraph 23, the following sentence is added at the end of paragraph 2: "The defendant has the right to comment on all the facts which he is accused of and the evidence of. It may state the circumstances which refute or mitigate his guilt and propose, in support of his claims, the execution of further evidence to justify him. ';
47. in Paragraph 23 (5), the words "a fine has been imposed, a forfeiture of the case" shall be replaced by the words "a disciplinary sentence has been imposed."
48. in Paragraph 23 (7):
"(7) A complaint against a decision to impose a disciplinary sentence or a safeguard measure shall be decided by the warden of the prison or his authorised staff member within 5 working days of its submission. A complaint against the decision of the warden shall be decided by the Director-General of the Prison Service or by his authorised staff of the Prison Service. A decision on a complaint may not be delegated to a staff member who has imposed a disciplinary sentence or who has decided to prevent a case. '
49. footnote 10 is deleted, including the footnote reference.
50. In Article 23, the following paragraph 8 is added:
"(8) Decisions given in disciplinary proceedings imposing disciplinary penalties pursuant to § 22 (2) (a) to (c) shall not be subject to review by a court. '
51. Footnote 11 reads as follows:
"(11) Act No. 500 / 2004 Coll., Administrative Regulations, as amended."
52. In Paragraph 28 (4), the word "normally 'shall be inserted after the word" binding'.
Amendment to the law on the execution of prison sentences
Act No. 169 / 1999 Coll., on the enforcement of the prison sentence and on the amendment of certain related laws, as amended by Act No. 359 / 1999 Coll., Act No. 3 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 218 / 2003 Coll., Act No. 52 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 109 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 346 / 2007 Coll., Act No. 306 / 2008 Coll., Act No. 7 / 2009 Coll., Act No. 375 / 2011 Coll., Act No. 399 / 2012 Coll., amended as follows:
1. Paragraph 1 (2) reads as follows:
"(2) The purpose of the prison sentence (hereinafter referred to as" the sentence ") is the means laid down by this law to influence the convicted persons in such a way as to reduce the risk of recurrence of their criminal behaviour and to lead a self-sufficient life in accordance with the law, to protect society from criminal offenders and to prevent them from committing further crime."
2. In Paragraph 3 (3), the second sentence is replaced by the sentence "Instructions and orders to the extent provided for by this Act shall be entitled to issue, in addition to members of the Prison Service, employees of the Prison Service."
3. Paragraph 3 (4) reads as follows:
"(4) For the purposes of this Act, an employee of the Czech Republic who is assigned to perform his work in the Prison Service and a member of the Prison Service shall be understood as an employee of the Prison Service."
4. In footnote 2, "§ 124 of Act No. 65 / 1965 Coll. 'is replaced by" § 203 of Act No. 262 / 2006 Coll.';
5. footnote 3 is deleted, including the footnote reference.
6. In the first sentence of Paragraph 5 (2), the word "ensure 'is replaced by" provide'.
7. In footnote 3b, "(d) 'is replaced by" paragraph 1 (c)'.
8. In Article 6, at the end of paragraph 2, the sentence "The written presentation of the rights and obligations in the language of the State of which he is a citizen or in a language which he understands shall be transmitted without delay to the sentenced."
9. In Section 7 of the introductory part of the text, the words "convictions with infectious diseases or suspected infectious diseases' are inserted after the words" women '.
10. in Article 7 (e), "a" is replaced by "comma."
11. in Article 7, at the end of point (f), the dot is replaced by "a" and the following point (g) is added:
"(g) very dangerous according to § 72a. ';
12. In footnote 4, "No 140 / 1961 Coll., penal law 'is replaced by" No 40 / 2009 Coll., penal code'.
13.
Motion for reassignment
If the sentenced person notifies the warden of the prison that he is filing a motion for the court to be transferred to another type of prison, the director of the prison shall send the court without calling the annex referred to in Article 11 (2). ';
14. In Article 16, the following paragraph 2 is inserted after paragraph 1:
"(2) If adequate building, material and hygienic conditions are created for this in the prison, they shall, in particular, be allowed to prepare meals themselves from food supplied by the prisons."
Paragraphs 2 to 9 shall be renumbered paragraphs 3 to 10.
15. in Article 16 (3), the words "space for" are replaced by the words "lockable box k."
16. In footnote 5, the words "No 20 / 1966 Coll., on the care of people 'are replaced by the words" No 372 / 2011 Coll., on health services and the conditions for their provision (Health Services Act), as amended'.
17. in Article 16 (8) to (10):
"(8) To a convicted person who is not assigned to work, he did not refuse work without a serious reason and did not have any other income or other funds of at least CZK 100 within a period of one calendar month, the prison provides once a month a package containing essential personal needs.
(9) The prison shall notify the person designated or close to the person designated by the sentenced without delay of the serious illness of the sentenced or of the injury requiring hospitalisation; the person close to him does not understand if the sentenced has asked him not to do so. The prison shall always inform one of these persons without delay, as well as a public prosecutor who oversees compliance with the law in the execution of the sentence in the event of the death of the sentenced person.
(10) The prison social worker shall ensure that the sentenced person is entitled to social advice, assistance and support to the extent provided for by the law governing the provision of social services. '
18. In Paragraph 17 (3), the words "and the lawyer authorised to represent the defendant 'are replaced by the words" and his lawyer, between the defendant and the lawyer representing the defendant in another case'.
19. In Article 17, the following paragraph 5 is added:
"(5) Correspondence to a convicted person who has no funds addressed to the authorities referred to in paragraph 3 shall be sent to the costs of the prison."
20. Paragraph 18 (1) reads:
"(1) The sentenced person shall have the right to use the telephone to contact a close person during the period defined by the internal rules of the prison; only a phone designated for this purpose by the prison may be used. This right of the sentenced may be limited only in justified cases, in particular where it is necessary to protect the security or rights of other persons. ';
21. In Paragraph 18, the following paragraph 2 is inserted after paragraph 1:
"(2) The sentenced person shall have the right to use the telephone during the period defined by the internal rules of the prison to contact his lawyer or lawyer representing the sentenced person in another case. '
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
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Regulation Information
| Citation | Act No. 276 / 2013 Coll., amending Act No. 293 / 1993 Coll., on the Enforcement of Bonds, as amended, and Act No. 169 / 1999 Coll., on the Enforcement of Penalties and on the Amendment of Certain Related Acts, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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