Decree of the Ministry of Justice No. 292 / 2001 Coll.
Decree of the Ministry of Justice amending Decree of the Ministry of Justice No. 109 / 1994 Coll.
Valid
Order
Effective from 14.08.2001
Text versions:
14.08.2001
292
DECLARATION
Ministry of Justice
of 27 July 2001
amending Decree No. 109 / 1994 of the Ministry of Justice Coll., issuing the Rules of Enforcement
The Ministry of Justice provides, pursuant to Section 31 of Act No. 293 / 1993 Coll., for the exercise of custody, as amended, ("the Act '):
Decree No. 109 / 1994 Coll., issuing the Rules of Enforcement, hereinafter referred to as the Order, is hereby amended as follows:
1. In Article 5 (1), the comma and the words "Article 350c 'shall be inserted after the words" Article 67' and the words "details of 'shall be replaced by the words" names, surnames and dates of birth'.
2. In Article 7, the following sentence shall be added at the end of paragraph 1: "In the event of obvious signs of injury to the defendant's body, an alert shall be made and the presentation of the police authority shall be allowed to comment on it and, where appropriate, to accompany the medical examination report."
3. Paragraph 9 (3) is deleted.
4. Article 15 shall be deleted;
5. In Article 16 (2), the words "in § 1 (2) and § 2 (1) 'are replaced by the words" in § 1 (2), § 2 (1) and the official of the Probation and Mediation Service'.
6. Paragraph 20 (2) reads as follows:
"(2) In particularly justified cases, the defendant may be transferred to another prison by the Prison Service authority, which shall inform the defendant, the competent court and the prosecutor of this fact without delay. '
7. In Paragraph 25 (1), the words "to the public prosecutor who oversees the performance of the link 'shall be inserted after the words" management'.
8. In Paragraph 35, the following paragraph 1 is added:
"(1) The prison shall establish appropriate conditions for compliance with the personal hygiene of the accused so as to ensure daily washing, regular shaving and normal hygiene operations. ';
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
9. In Paragraph 36 (1), "once 'is replaced by" twice'.
10. in Paragraph 40 (1), the words "with the authorities referred to in Sections 41, 62 and 71" shall be replaced by the words "the lawyer and the authorities referred to in Sections 13 (3) of the Act and in Sections 62 and 71."
11. Paragraph 41 (1) is deleted and paragraph 2 is renumbered.
12. In Paragraph 41, the words "with the authorities referred to in paragraph 1 'are replaced by the words" with the lawyer and with the authorities referred to in Paragraph 13 (3) of the Act'.
13. in Article 42 (1) and (2):
"(1) The administration of the prison shall keep an overview of the correspondence of the defendant subject to the control of the managing authority. All correspondence referred to in Article 13 (3) of the Act shall be recorded in the records of the defendant; other correspondence shall be recorded only if it is sent as recommended.
(2) Correspondence of the accused shall be accepted and dispatched each working day at a time fixed by the internal rules. Correspondence in Czech language shall be transmitted to the post office no later than the following working day. The correspondence received in the Czech language and the foreign language correspondence which the prison can check by its own means shall be transmitted on the same day that it was taken from the post office, unless important circumstances prevent it. The other foreign-language correspondence of the prison shall without delay take the measures necessary to carry out the inspection and to deliver it promptly. The order of custody must be delivered to the defendant on the same day as the prison took over. '
14. in Paragraph 42 (3), "Paragraph 41 (1)" is replaced by "Paragraph 13 (3) of the Act."
15. in Paragraph 43 (1):
"(1) The prison shall, at the request of the defendant, issue a certificate of the date on which it took over the correspondence for dispatch from him, stating that the defendant contains an appeal within the meaning of the procedural rules. The staff member of the Prison Service shall provide correspondence with the presentation stamp of the prison and the date of such submission. '
16. in Article 43 (3), the words "from the authorities referred to in Sections 41, 62 and 71" shall be replaced by the words "from the lawyer and the authorities referred to in Sections 13 (3) of the Act and in Sections 62 and 71."
17. in Paragraph 44, paragraph 6 is deleted;
18. Paragraph 47 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
19. in Paragraph 48 (1), "paragraph 3" is replaced by "paragraph 2";
20. Paragraph 48 (2) reads:
"(2) The package shall not contain valuables, money, weapons and ammunition, alcoholic beverages (including beer), products containing alcohol and other volatile substances, products in glass packaging, perishable foodstuffs, products in spray, printed matter or materials promoting national, ethnic, racial, religious or social intolerance, fascism and similar movements, violence and roughness, as well as printed matter or materials containing a description of the manufacture and use of addicts, poisons, explosives, weapons and ammunition. The conditions under which medicines and medicines may be sent to the defendant shall be determined by the doctor. ';
21. In Paragraph 48 (3), the words "at the expense of the defendant" shall be inserted after the words "consignment" and the words "paragraph 3" shall be replaced by "paragraph 2."
22. In Paragraph 48, the following paragraph 4 is added:
"(4) A written record shall be made of the non-transmission of the package or part thereof, indicating the reason for the non-transmission; the content of the alert shall be made known to the defendant against the signature. ';
23. Paragraph 54 (1) reads:
"(1) The defendant shall be allowed to use an appropriate portable radio and television provided by his own source for which the receiver has space and is part. If conditions are created for this in the prison, the warden may authorise the connection of radios and televisions to the electricity network. '
24. Paragraph 54 (3) is deleted.
25. in Paragraph 57 (1), the word "social" shall be inserted after the word "number."
26.
(1) Complaints and requests for the exercise of their rights and legitimate interests may be addressed by the defendant to both the national authorities of the Czech Republic and to international bodies and organisations considered to be part of the process of obtaining and investigating information on human rights violations at global and European level.
(2) The international bodies and organisations referred to in paragraph 1 are:
(a) Committee on Human Rights, Geneva,
(b) the United Nations Human Rights Commission, Geneva,
(c) the Office for Human Rights, Geneva,
(d) Committee on the Elimination of Racial Discrimination, Geneva,
(e) Committee against Torture, Geneva,
(f) the United Nations Commission on the Status of Women, Vienna,
(g) Committee on the Rights of the Child, Geneva,
(h) United Nations High Commissioner for Human Rights, Geneva,
(i) United Nations High Commissioner for Refugees, Geneva, including the Prague branch;
(j) the European Court of Human Rights, Strasbourg,
(k) Committee for the Prevention of Torture, Strasbourg,
(l) High OSCE Commissioner for National Minorities, Haag,
(m) OSCE Office for Democratic Institutions and Human Rights, Warsaw,
n) Amnesty International, London, including the Prague branch,
(o) International Federation of Human Rights, Paris,
p) International Helsinki Federation for Human Rights, including a branch in Prague,
(r) International Society of Human Rights, Frankfurt,
(s) International Roma Union, Texas,
t) International Committee of the Red Cross, Geneva, including the Prague branch. '
27. in Article 63, the following paragraph 1 is inserted:
"(1) The reprimand shall be expressed orally to the defendant."
Paragraphs 1, 2, 3, 4, 5, 6 and 7 shall be renumbered paragraphs 2, 3, 4, 5, 6, 7 and 8.
28. In Paragraph 63 (3), the first words "withdrawal of the right to accept a package and prohibition 'are replaced by" prohibition'; the word "continuous' is inserted after the word" exceed 'and the second sentence is deleted.
29. in Paragraph 63 (6):
"(6) Before the entry of a disciplinary sentence, placing in solitary confinement and at least once a week in the course of its execution, the defendant must be examined by a doctor who will assess whether he is fit to perform that disciplinary sentence. This is without prejudice to the right of the defendant to provide health care at other times during the course of the disciplinary sentence. During the performance of the disciplinary sentence, he is charged with placing in solitary confinement under the increased supervision of a member of the Prison Service. '
30. In Paragraph 64 (2), the words "withdrawal of the right to accept a package and prohibition 'are replaced by the words" reprimand, prohibition'.
31. the following Sections 67a and 67b are inserted after Section 67:
Extermination of disciplinary punishment
(1) The staff member of the Prison Service, who has decided to exterminate the disciplinary sentence, will take measures to erase the record of such a sentence.
(2) If the disciplinary penalty has been overruled, it cannot be mentioned in any assessment of the defendant and cannot be taken into account when deciding on the defendant.
Other anti-social behaviour
Transfers committed prior to the execution of the detention shall not be dealt with by the imposition of disciplinary penalties in the execution of the detention. ';
32. In Paragraph 69 (1), the first words "refusal of a diet for more than seven days' are replaced by the words" refusal of a diet if the condition requiring dispatch for constitutional treatment is indicated and the cessation of rejection of a diet '.
33. Article 70 shall be deleted;
34. in Paragraph 73, paragraphs 1 and 3 are deleted;
Paragraphs 2 and 4 shall become paragraphs 1 and 2.
35. in Article 75 (1), the words "withdrawal of the right to accept a package and prohibition" shall be replaced by "prohibition."
36. § 78 reads:
The disciplinary punishment of banning the purchase of food and personal goods cannot be imposed on a pregnant woman. '
37. the following Section 79a is inserted after Section 79:
(1) Charges in custody for the reasons set out in Paragraph 350c of the Penal Code are normally placed in customs duties separately from other defendants.
(2) Where it is necessary to provide the travel documents necessary for the execution of the expulsion penalty, the expulsion charges in addition to the authorities and persons referred to in Section 16 shall also be presented to the authorities of the Police of the Czech Republic, which the President of the Senate has requested to secure travel documents. '
38. in Paragraph 80 (1):
"(1) The alien shall be taught immediately after being admitted to prison within the meaning of Section 5 (2) of the Act in a language which he understands."
Where the term "worker 'is used in the Decree, it is replaced by" employee'.
This decree shall take effect on the day of its publication.
Minister:
JUDr. Bures v. r.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 292 / 2001 Coll., amending Decree of the Ministry of Justice No. 109 / 1994 Coll., issuing the order of execution of the custody |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.08.2001 |
|---|---|
| Effective from | 14.08.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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