Decree No. 279 / 2017 Coll.
Decree amending Decree of the Ministry of Justice No. 345 / 1999 Coll., which gives the order of execution of the prison sentence, as amended
Valid
Order
Effective from 01.10.2017
Text versions:
01.10.2017
30.08.2017
279
DECLARATION
of 24 August 2017
amending Decree No. 345 / 1999 of the Ministry of Justice Coll., which gives rise to the order of execution of the prison sentence, as amended
The Ministry of Justice provides, pursuant to Section 81 of Act No. 169 / 1999 Coll., on the execution of a prison sentence and amending certain related laws:
Decree No 345 / 1999 Coll., which gives rise to the order of execution of the prison sentence, as amended by Decree No 378 / 2004 Coll., Decree No 243 / 2006 Coll. and Order No 19 / 2015 Coll., is hereby amended as follows:
1. In Paragraph 2 (2), "all 'is replaced by" both'.
2.
The administration of the prison shall immediately send the report of the court which took the decision at first instance to the guardian, if the sentenced has been restricted to his own right, to the Regional Directorate of the Police of the Czech Republic responsible for the place of residence of the sentenced, to the General Directorate of the Prison Service, to the Regional Military Command, where the sentenced is subject to his record, to the pensioners and persons receiving the service of the competent social security authority, to the social curator responsible for the place of residence of the sentenced and, if applicable, to the juvenile, his legal representative or guardian and to the competent social protection of children. '
3. In Section 6, Section 8 and Section 12, the word "separation 'is replaced by" section'.
4. In § 6 (1) and (2), § 8 (2), first sentence, § 12, § 23 (6), § 53 (6), § 63 (1), § 63 (2), first and second sentences, § 63 (3), § 64, § 66 (1), § 72 (3), § 93 (2) (a), § 100a (1), § 100a (2), first sentence, § 100a (3), the word "separation" shall be replaced by "section."
5. In Paragraph 6 (2), "one week 'is replaced by" two weeks'.
6. In Article 6, the following paragraph 3 is inserted after paragraph 2:
"(3) The convicted court in a security prison shall also be subject to an initial evaluation of external and internal risks to determine the degree of security during the stay in the receiving section. ';
Paragraph 3 shall become paragraph 4.
7. In Article 6 (4), the words "the administration of a prison shall be sent immediately 'shall be replaced by the words" and, in the case of sentenced persons assigned by a court to a security prison after the level of security has been determined, the prison administration shall be sent without undue delay'.
8. The following Section 6a is inserted after Section 6:
Determination of the level of security for sentenced persons assigned to a security prison
(1) A low-security unit shall be placed in a low-external and internal security unit.
(2) Convicted with low external and internal risk is condemned
(a) for a negligent offence in respect of a prison sentence not exceeding three years, unless it has been found to justify being placed in a higher security department; or
(b) for a criminal offence of no more than 1 year, not yet in the course of the execution of the sentence, not for a criminal offence against human dignity in the sexual field, a criminal offence involving the treatment of narcotic or psychotropic substances or a criminal offence committed under the influence of such a substance, where there has been or has been a threat of harm to the health or life of a person, or an offence involving or intended to involve violence, including a threat of violence, unless it has been found to justify placing in a higher degree of security.
(3) A medium-security unit shall be placed with a moderate external and internal risk.
(4) Convicted with moderate external and internal risk is convicted
(a) for a negligent offence in excess of 3 years, unless it has been found to justify placing in a ward with a higher or lower degree of security; or
(b) for a criminal offence of not more than three years, which is in the execution of a sentence of not more than three, not for a criminal offence against human dignity in the sexual field, a criminal offence involving the treatment of narcotic or psychotropic substances or a criminal offence committed under the influence of such a substance where there has been or has been a threat of harm to the health or life of a person, or an offence involving or intended to involve violence, including a threat of violence, unless it has been found to justify placing in a department with a higher or lower degree of security.
(5) A high level of security unit shall be placed under a high external and internal risk conviction.
(6) A high external and internal risk convict shall be convicted of a criminal offence for which the conditions for placing in a low or medium-level security compartment are not met, unless it has been found to justify placing in a lower level of security compartment.
(7) In assessing whether the defendant has not been subject to facts justifying the placing in a higher level of security department, in particular the degree of risk of re-default arising from the criminal activity of the convicted, the degree and nature of the disruption of the convicted, the conduct of previous criminal offences, the threat of escape and other criminal proceedings, in particular for the offence against human dignity in the sexual field, the offence involving the treatment of narcotic drugs or psychotropic substances, or the fact that the offender has previously been convicted of a crime against human dignity in the sexual field, the offence involving the management of narcotic substances or of a criminal offence involving violence, including the threat of violence, or of being committed, or of being convicted in the past, for a criminal offence against human dignity in the sexual field, a criminal offence involving a sexual or psychotropic substance, or a criminal offence, or a criminal offence committed under the influence, or a criminal offence committed under the influence of such a criminal, or of a criminal offence, or of a criminal offence, or of a criminal offence, or of a criminal offence, or of a criminal offence, or of a criminal offence, or of a criminal offence, or of a criminal offence, or of a criminal
(8) In assessing whether the defendant has not been found to have facts justifying being placed in a lower level of security, account shall be taken in particular of the seriousness of the convicted person's criminal activity, the characteristics of his personality and the way in which he lives.
(9) For the purposes of determining the degree of security, sequentially imposed on one another shall be considered a single penalty. ';
9. At the end of Section 7, the words "to a specific prison 'shall be added.
10. in Article 7 (1), the words "imprisonment (" punishment ")" shall be deleted;
11. in Article 8 (2), the words "the department whose length is determined individually and generally does not exceed two weeks," shall be replaced by "the section."
12. in Article 9 (2), the words "and the security level of the surveillance prison" shall be inserted after the words "and the security level of the detention centre" and the words "a reception unit" shall be replaced by the words "a reception section set up."
13. in Articles 10 (1) (b) and 17 (6), the words "and security levels of a prison with security" shall be inserted after the words "type."
14. In Paragraph 10 (2), the words "or the transfer of a sentenced person to a prison of another type 'are replaced by the words", the transfer of a sentenced person to a prison of another type or the proposal to place the sentenced person in a ward with a lower security level'.
15.
The transfer of the sentenced person for a period of more than seven days, the administration of the prison shall immediately send the report to the guardian, if the sentenced person has been restricted in his capacity, to the social curator responsible for the place of residence of the sentenced person and shall also inform his close persons without delay if the sentenced person cannot do so, and if other criminal proceedings are conducted against the sentenced person, the competent law enforcement authority. In the case of a minor, the administration of the prison shall immediately send a report to its legal representative or guardian, to the competent social protection body of the children and, in the event of any other criminal proceedings against the juvenile, to the competent law enforcement authority. ';
16. The following Section 11a is inserted after Section 11:
Change in security for convicted persons assigned to a security prison
(1) It is only possible to decide on a change of location to one of the security prison departments on the basis of a change in the level of external or internal risks.
(2) Evaluation of external and internal risks shall be assessed at least every time:
(a) evaluation of the implementation of the treatment programme;
(b) evaluation of compliance with the prison regime;
(c) the implementation of an exit treatment programme; or
(d) the identification of deficiencies in the assessment of the level of external and internal risks in the review carried out by the Ministry of Justice.
(3) In the event of a reduction in the level of external or internal risks, the warden may decide to place the sentenced person in a lower level of security which differs by one degree from that in which the sentence is carried out. In the event of an increase in the level of external or internal risks, the warden of the prison may decide to place the sentenced in a higher level of security, which may differ in exceptional cases by up to two degrees from the department where the sentence is carried out. ';
17. in Article 13 (3), the word "stay" is replaced by "residence."
18. In Article 13, the following paragraph 4 is inserted after paragraph 3:
"(4) The prison administration shall immediately send a report to the guardian if the sentenced has been limited in his or her capacity, to the social curator responsible for the place of residence of the sentenced and, if it is a juvenile, his / her legal representative or guardian and the competent social protection authority of the children. ';
Paragraph 4 shall become paragraph 5.
19. In Paragraph 17, the words "at the end of the text of paragraph 6, the accommodation area per sentenced person may not be less than 3 m2 'shall be added.
20. In Paragraph 18, at the end of paragraph 2, the words "and during the course of the trips' shall be added.
21. in Paragraph 18 (3) (a):
"(a) in the Central Security and Juvenile Prison Unit at the time of visits, participating in services, events outside the prison organised under the treatment programme and in the exit section at its own discretion,"
22. in Paragraph 18 (3) (b), the words "in a supervised prison" shall be replaced by the words "in a low-security ward."
23. In Section 20, at the end of paragraph 2, the words "and the security level of a prison with security 'are added.
24. in Article 23 (5), the words "crisis department 'are replaced by the words" crisis section';
25. in Paragraph 25, paragraph 2 is deleted;
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
26. in Paragraph 33 (1), first and second sentences, the words "or other administrative offence" shall be deleted.
27. in Paragraph 38 (1), the word "sentenced" shall be deleted;
28. in Paragraph 38 (1) (b):
"(b) in two months' time in the exit sections of high-security prisons and high-security prisons,"
29. in Paragraph 39 (3), the words "with a more moderate means of external surveillance and security" shall be replaced by "with security."
30. In Paragraph 39 (4), the words "with a more stringent means of external surveillance and security 'are replaced by the words" with increased security'.
31. In Paragraph 39 (5), the word 'is' is' replaced by ', the characteristics of the sentenced person and the possibilities for his resocialisation are' and the words' some of the three 'are deleted.
32. In Paragraph 39, paragraphs 6 to 8 are deleted.
Paragraphs 9 and 10 shall become paragraphs 6 and 7.
33. In Paragraph 39 (6), the words "in the characteristics of the sentenced person, in the possibility of his resocialisation," shall be inserted after the words "changes in the approach."
34. In Article 45 (2), the words "practising a sentence in a supervised or supervised prison 'are replaced by the words" located in a low or medium-level security unit of a prison' and the words "issuing passes' are replaced by the words" issuing a decision to leave the prison '.
35. in Paragraph 46 (4), the words "serving a sentence in a prison with supervision, a prison with supervision" shall be replaced by the words "located in a ward with a low or middle degree of security of a prison with security."
36. in Paragraph 49 (1):
"(1) In a low-security department and in a medium-security security department, except for those set up in juvenile prisons, high-security prisons, high-security prisons or detention prisons, armed guards are not used to prevent the escape of the convicted. The supervision and supervision of the activities of the convicted persons shall be entrusted to the educators and to the guards in the ward with a medium level of security for the prison. '
37. in Article 49 (2), the words "the prison of security and security" shall be replaced by the words "in a high level of security of the prison of security and in" and "the use of special construction equipment and" shall be deleted.
38. In Section 51, the words "in a supervised prison 'are replaced by the words" in a low-security ward'.
39. in Paragraph 51 (1), the words "without restrictions" shall be replaced by the words "generally without supervision of a prison service employee."
40. In Paragraph 51 (2), the words "or designated employee of the Prison Service" shall be inserted after the word "educator."
41. in § 51 (4), § 52 (7) and § 78 (3), the words "issue passes" shall be replaced by the words "issue a decision of the warden to leave the prison."
42. In Article 51 (5), the words "once every two weeks' shall be deleted and the words" the certificate on the prescribed form from which it is evident 'shall be replaced by the words "the decision of the warden to leave the prison with an area marked'.
43. In Section 52, the words "in a prison with supervision 'are replaced by the words" in a ward with a medium level of security of the prison with surveillance'.
44. in Paragraph 52 (8):
"(8) Visits of convicted persons shall be carried out, as a general rule, under the supervision of a Prison Service employee. In connection with the visit, the warden may allow the sentenced to leave the prison temporarily for a maximum period of 24 hours; authorising the temporary departure of the prisoner shall be given a decision by the warden of the prison to leave the prison with an indication of the area where and for which time he may stay. ';
45. In Section 53, the words "in prison 'are replaced by the words" in a high security department'.
46. In Paragraph 53 (1), the word "generally 'shall be inserted after the word" move'.
47. in Article 53 (7), the words "once every two months" shall be deleted and the words "the certificate on the prescribed form from which it is evident" shall be replaced by the words "the decision of the warden of the prison to leave the prison with an indication of the space."
48. In Paragraph 57 (8), the words "and the security level of the surveillance prison 'shall be inserted after the words" the type of prison'.
49. in Paragraph 63 (1), the words "A closed department is established" shall be replaced by the words "A closed section is established";
50. In Paragraph 82 (2), the words "their legal representatives' are replaced by the words" its legal representatives or guardian '.
51. in Article 84 (1), the word "generally" and the word "three" shall be deleted and the words "the fulfilment of the treatment programme, personality characteristics, possibilities of resocialisation" shall be inserted after the words "on the basis of."
52. In Paragraph 84, paragraphs 2 to 4 are deleted.
Paragraph 5 shall become paragraph 2.
53. In Paragraph 85 (2), the words "shift in approach," shall be replaced by the words "changes in approach, characteristics of the person of a juvenile convicted, in the possibility of his resocialisation,"
54. In Article 86 (3), the words "the certificate on the prescribed form of which it is evident 'are replaced by the words" the decision of the warden of the prison to leave the prison with an indication of the space' and the third sentence is replaced by the words "the decision shall be transmitted against the signature of a young and close adult. '.
55.
Custom clothing and footwear may be worn by convicted women:
(a) in the low and medium-level security department of the non-working prison at its discretion;
(b) in a juvenile prison at the time of visits, taking part in services, events outside the prison organised under the treatment programme and in the exit section in the out-of-work period at its discretion;
(c) in a high-level security department of the Security and Security Prison at the time of the visits. "
56. In Paragraph 91 (8), the word "transitional 'is replaced by the words" strictly necessary'.
57. in Paragraph 91 (9), the words "established separation" are replaced by the words "established section."
58. in § 92 and in § 94 (1), the word "departments" is replaced by "sections."
59. Paragraph 93 (1) reads as follows:
"(1) The method of ensuring order and security laid down for the basic type of prison and the level of security of the security prison in which the convictions referred to in Paragraph 69 (1) of the Act have been placed shall remain unaffected. '
60. in Paragraph 93 (2) (a), the words "and security levels of the prison with security" shall be inserted after the words "prison types."
61.Paragraph 94 (2) reads as follows:
"(2) The method of ensuring order and security laid down for the basic type of prison and the level of security of the security prison in which the convicted persons listed in Paragraph 70 of the Act were located shall remain unaffected. '
62. In Paragraph 94 (3), the word "separation 'is replaced by the word" sections' and the words "and security levels of a security prison 'are added at the end of the text of paragraph 3.
Efficacy
This Decision shall enter into force on 1 October 2017.
Minister:
JUDr. Pelican, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 279 / 2017 Coll., amending Decree of the Ministry of Justice No. 345 / 1999 Coll., issuing the order for the execution of the prison sentence, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.08.2017 |
|---|---|
| Effective from | 01.10.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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