Act No. 294 / 1993 Coll.
Act amending and supplementing Act No. 59 / 1965 Coll., on the Enforcement of Penalty, as amended
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Effective from 01.01.1994
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294
THE LAW
of 10 November 1993
amending and supplementing Act No 59 / 1965 Coll., on the Enforcement of Penalty, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 59 / 1965 Coll., on the execution of the prison sentence, as amended by Acts No. 173 / 1968 Coll., No. 100 / 1970 Coll., No. 47 / 1973 Coll. and No. 179 / 1990 Coll., is amended as follows:
1. Paragraph 3, including the title, reads:
Prisons
The sentence shall be carried out in a prison or in a separate department of the detention prison ("the prison ').'.
2. Paragraph 4 is deleted.
(3) Section 2, including footnote 1, reads as follows:
Differentiation in enforcement
Prisons
(1) The prisons are broken down according to the level of external security, security and the way in which the resociation programmes are implemented into four basic types (degrees):
(a) supervised,
(b) supervised,
(c) security,
(d) with increased security.
(2) A specific type or department of the juvenile prison, broken down in accordance with paragraph 1, shall be established, in which there shall be convictions which have not completed the eighteenth year of their age in the execution of the sentence, or which have been decided by the court (hereinafter referred to as youth).
(3) Within one prison, separation of different basic types may be established provided that the purpose of the sentence is not jeopardised.
(4) The differentiated execution of the sentence in each type of prison shall be monitored in order to ensure that less violation of the sentence is carried out separately from more degraded offenders and that more effective means of correcting them are applied to the rehabilitation activity of the offenders, who require a higher degree or the nature of their breach. Similarly, the forms and methods of working education and cultural education, the scope of self-administration authorisation, the degree of external security and the way in which security is ensured shall be chosen in a differentiated manner.
(1) The court shall decide on the type of prison to which the sentenced person shall be assigned when the sentence is served (§ 5 (1) and (2)).
(2) The prison services are carried out by the Directorate-General for Prisons, as decided by the Court. Separated to separate prisons or separate wards of prisons after the execution of the sentence
(a) convicted with altered working capacity;
(b) convicted men over 60 years of age,
(c) convicted women.
Submission department
(1) A starting department shall be set up for the reception of sentenced persons in prisons.
(2) During the execution of the detention sentence, a comprehensive report shall be drawn up on the sentenced in which, on the basis of the conduct of the sentenced, the results of his examination and the available materials to his or her person shall be evaluated on his or her social level, personality characteristics and, taking into account the length of the sentence imposed, the previous conviction and the degree of danger of the convicted person, consideration shall be given to the possibilities of educational activity and the assumptions of its effectiveness.
(3) Information on the sentenced person obtained in connection with the processing of the comprehensive report referred to in paragraph 2 shall be confidential and shall not be communicated or made available to the unauthorised person.
Resociation programmes
(1) For the condemned, the prison processes resocialization programs, which represent a summary of work, education, therapeutic and interest activities with a differentiated approach in their implementation. The composition of the rehabilitation programme always monitors the achievement of the purpose of the sentence.
(2) The sentenced person has the option to choose a resocialisation programme from those which the prison administration considers appropriate in view of the aspects set out in Sections 5, 6 (2) and 7 (2). If none of these programmes are chosen, they shall participate in the minimum programme established by the internal rules of the prison. It shall be based on a work activity corresponding to the health of the sentenced.
(3) The rehabilitation programmes must be updated depending on the person's development, behaviour and duration of the sentence.
Replacement of convicted persons
(1) The warden of a prison may decide to transfer a sentenced person to a prison of another type which may differ by one degree from the prison in which the sentenced person is sentenced (Section 5 (1)).
(2) The transfer of a convicted person to a more moderate-regime prison shall be decided by the warden if the conduct of the sentenced person and the manner in which he fulfils his duties justify the conclusion that the transfer will contribute to the purpose of the sentence.
(3) The prison director may decide to transfer the sentenced to a prison with a stricter regime if:
(a) the sentenced has seriously or repeatedly infringed the prescribed order or discipline;
(b) the convicted person has been convicted of the offence which he has committed during the execution of the sentence.
(4) We can't reassign from a high-security prison.
(a) a sentenced person to whom an exceptional penalty has been imposed and who has not yet executed at least 10 years of that penalty;
(b) any other sentenced person who carries out the sentence in a high-security prison before carrying out at least one third of the sentence imposed.
(5) There is no possibility of reassignment to a prison with supervision and a prison with supervision of a convicted person who is to be subjected to protective treatment in constitutional form by decision of the court.
(6) On a proposal from a convict who has continuously carried out at least one third of the sentence imposed in a prison of a particular type, but for at least six months, the warden may decide to transfer him to a prison with a more moderate regime; This does not apply to a convicted person who has been sentenced to life imprisonment and is serving him in a high-security prison. The warden shall decide on such a proposal within 30 days.
(7) If the application referred to in paragraph 6 is not complied with, the sentenced person may not repeat it until six months after the end of the procedure for the previous application.
(8) If a decision has been taken to reassign a sentenced person to another type of prison, the Directorate-General of the Prison Service shall determine the prison where the sentenced person will continue to perform the sentence.
Replacement proceedings
(1) The decision referred to in Article 9 shall be drawn up in writing and delivered to the sentenced. The general rules on administrative procedures shall not apply to the procedure for the reassignment of convicted persons.
(2) The sentenced person may, within eight days of the date of service of his written copy, lodge an appeal with the district court in whose district the prison of which the Director has decided to reassign, against a decision to transfer to a more stringent prison. The appeal has no suspensory effect. A special rule applies to proceedings before a court. 1)
1) § 250l to 250s of the Civil Code. '
4. In Article 11, the following paragraph 2 is inserted after paragraph 1:
"(2) The place of the sentenced person shall be subject to a smaller area of accommodation than that referred to in paragraph 1 only in exceptional circumstances for the necessary period of time. ';
Paragraphs 2, 3 and 4 shall become paragraphs 3, 4 and 5.
5. In Article 11 (3), the words "eight-hour sleep 'are replaced by the words" a continuous eight-hour sleep time'.
6. Paragraph 12, including the title, reads:
Correspondence and visits
(1) The defendant may receive and send written communications (correspondence) to his cargo without restriction. The prison service is entitled to check the content of the correspondence, except for correspondence between the defendant and the lawyer, the state body of the Czech Republic or an international organisation which is responsible for dealing with initiatives relating to the protection of human rights under the international convention to which the Czech Republic is bound. The right of control shall include the right to acquaint itself with the content of the information communicated. If the content of the correspondence gives rise to suspicion that a criminal offence is being prepared or committed, the Prison Service shall detain the correspondence and transmit it to the criminal authority.
(2) The sentenced person may receive visits from close persons (2) depending on the type of prison in which he is included. However, the period between the dates of visits shall not exceed three weeks in a prison with supervision or supervision and six weeks in a prison with security or increased security. If the internal rules of the prison do not provide for a higher number, no more than four persons may visit the sentenced at the same time. In order to remedy the sentenced or for any other serious reason, the sentenced may be allowed to visit another person. ';
Note 1) shall be renumbered Note 2.
7. In Article 13 (2), the words "In detention facilities (Article 3) 'are replaced by" In prisons'.
8. The heading of Section 14 reads: "Buying food and personal goods and receiving packages."
In paragraph 1, the word "other 'shall be deleted.
9. Paragraph 14 (2) reads as follows:
"(2) The sentenced may accept a package of food and personal supplies four times a year. In order to enforce the sentence, the right of the sentenced person to receive more frequent packages may be established, taking into account in particular the different types of prison. This is without prejudice to Article 19 (2) (c). '
10. In the second sentence of Article 15 (1), the words "In detention facilities' are replaced by the words" In prisons' and in the third sentence, the words "Chief of the Institute 'are replaced by the words" Director of the prison'.
11. Article 15 (2) reads as follows:
"(2) The authorities of the Prison Service shall without delay inform the Director of the Prison, the Prosecutor, the Judge or the Authority which controls the Prison, of the request of the defendant for the hearing and, at their direction, shall allow such a conversation in the Prison.";
12. Article 15 (3) reads as follows:
"(3) The sentenced person shall have the right to legal aid by a lawyer who is entitled, within the limits of his authority, to conduct and speak to the sentenced person without restriction. The warden of the prison shall be obliged to create conditions allowing the person in charge of the Prison Service to see and not hear the conversation between the convict and the lawyer. '
Note 2) shall be deleted.
13. in Paragraph 15 (4), the words "Correctional Education Corps" are replaced by the words "Prison Services."
14. in Article 16 (1), the words "rehabilitation groups" are replaced by "prisons."
15. in the second sentence of Article 16 (3), after the semicolon, the words "Chief of the Institute" shall be replaced by "Director of the Prison" and the words "Chief of the Institute" shall be replaced by "Director of the Prison."
16. in Paragraph 17 (1), the words "Correctional Education Corps" shall be replaced by the words "Prison Services" and the words "Constitutional Regulations" shall be replaced by the words "Inner Regulations of Prison."
17. in Paragraph 17, the following paragraph 2 is inserted after paragraph 1, including footnote 2a:
"(2) The sentenced must not produce, store and consume alcoholic beverages and other addictive substances, 2a) produce and store articles which could be used to endanger the safety of persons and property or to escape, or which, by their amount or nature, could interfere with order or harm health.
(2a) Paragraph 89 (13) of the Criminal Act. ';
Paragraphs 2, 3 and 4 shall become paragraphs 3, 4 and 5.
18. The title of Section 18 reads: "The Inner Order of the Prison."
19. The first sentence of Paragraph 18 (1) reads: "For each prison, the Director shall, with the agreement of the Director-General of the Prison Service, establish the internal rules of the prison governing the life and the activities of the sentenced."
in the second sentence and in paragraph 2, the words "the Constitutional Rules' are replaced by the words" the Internal Rules of the Prison ';
20. In Paragraph 20 (6), "daily 'is replaced by" at least once a week'.
21. In the first sentence of Paragraph 21c (2), the words "the Administration of the Correctional Education Corps" shall be deleted.
22. In the first sentence of Paragraph 22 (3), the words "Chief of the Correctional Institute 'are replaced by the words" Director of the Prison'.
23. In Section 23, the words "Correctional Education Corps' are replaced by the words" Prison Services'.
24.
Classification of convicted persons
(1) Prisons create conditions for the employment of convicted persons either in the course of their own business or on a contractual basis with another business entity or organisation. Convicts shall be assigned to work according to their state of health and working capacity in accordance with the purpose of the execution of the sentence.
(2) The contract between the prison and the business body or organisation on the basis of which the classification of the sentenced persons is carried out lays down more detailed conditions under which the sentenced persons will carry out the work and, where appropriate, the procedure for the training of those who are sentenced to perform the specified work and the way in which their professional qualifications are increased. When creating conditions for safety and health at work, the business entity or organisation shall have the same obligations as they would have against workers in employment.
(3) The sentenced, who has been assigned to work, is obliged to work if his medical condition so permits. "
25. Article 27 (1) reads as follows:
"(1) The business entities and organisations referred to in Article 26 (1) shall provide the prison for the work of the convicted agreed performance (Article 26 (2))."
26. In the second sentence of Article 27 (2), the words "Chief of the Institute 'are replaced by the words" Director of the Prison' and the words "Republic 'are deleted.
In the first sentence of paragraph 3, the words "correctional institution 'are replaced by the words" prison'.
27. Article 29 (1) reads as follows:
"(1) The sentenced shall be paid according to the work done. The amount of remuneration and the conditions for granting it shall be laid down by the Government by regulation. ';
28.
Convicts for which there are grounds for doing so because of their abilities, age and duration of the sentence shall normally be allowed to obtain basic or even higher education or to participate in other forms of education. ';
29.
If a convicted person is responsible for damage to the property of a prison which does not exceed CZK 5000, he may be obliged to replace it by decision of the warden. "
30. In Article 33 (1), the words "an organisation or a correctional institution 'are replaced by the words" a prison, a business entity or an organisation for which it was assigned for the performance of its duties';
Article 33 (2) reads as follows:
"(2) The business entity or organisation to which the damage was caused shall also discuss the amount of compensation requested with the prison. ';
32. § 34a reads:
The prison or business entity or organisation to which the sentenced person was assigned shall be liable for any damage caused to the person in the performance of his or her duties or in the direct connection with the performance of those tasks. (5) Similarly, the prison, business body or organisation is responsible for damage caused by occupational injury or occupational disease (6) and for damage caused by postponement and returned.7). "
33. In Section 35, the words "Chief of the Correctional Institute 'are replaced by" Director of the Prison'.
34. In Paragraph 36 (1), the words "Chief of the Correctional Institute 'are replaced by" Director of the Prison'.
35. Paragraph 36 (2) reads as follows:
"(2) If the sentenced person needs urgent medical treatment, which cannot be provided in a prison or in a specialised medical facility of the Prison Service, the warden of the prison sentenced may suspend the sentence for the time strictly necessary. If the sentenced person has not intentionally caused harm to his health, the period of interruption not exceeding 30 days shall be counted against the period of sentence. ';
36. In Paragraph 43 (2), the words "Chief of the Correctional Institute 'are replaced by" Director of the Prison'.
37. The heading of Section 10 reads: "Cooperation in the execution of the sentence and its control."
38.
Supervision and control of the execution of the sentence
The Minister of Justice shall supervise compliance with the law in the execution of the sentence and control over the execution of the sentence. '.
39. Paragraph 47 is deleted.
40. In Paragraph 48, in paragraph 1, the words "administration of the Institute 'are replaced by the words" administration of the prison'. In paragraph 2, the words "Corrective Education Institute 'shall be replaced by the words" Prisons' and the words "Constitutional Order 'shall be replaced by the words" Internal Prison Order'.
41. § 48a including the title reads:
Tasks of prisoners in the release of convicted persons
Prisons shall, during the execution of the sentence, make the conditions for the smooth transition of persons released from the execution of the sentence into civil life; in so doing, cooperate closely with the competent authorities of government and local authorities, in particular providing them with the necessary information in time. ';
42. Paragraph 49, including the title, reads:
Tasks of public authorities and local authorities
In cooperation with the interest groups of citizens, the authorities of the state administration and the local authorities shall, within the scope of their responsibility, ensure that appropriate conditions are established for the completion of the redress of the convicted persons after their release from prison. In particular, they shall assist them in ensuring appropriate employment and accommodation. ';
43. Paragraph 50 is released.
44. In Paragraph 51, the second sentence is deleted.
45. in Paragraph 52 (2), the word "institution" is replaced by "prison."
46. Paragraph 53, including the title, reads:
Execution of juvenile sentence after 18 years of age
(1) If a juvenile reaches 18 years of age in the execution of a sentence, the warden of the prison will decide whether to execute the remainder of the sentence in a juvenile prison or to transfer to a prison for the other sentenced. In particular, decisions shall take into account the degree of reeducation achieved and the duration of the remainder of the sentence. In the event of transfer to prison for other convicted persons, the warden of the prison shall at the same time decide whether the sentenced person will be placed in a prison with supervision or supervision.
(2) The transfer of a sentenced person to a prison for other security convictions may also be decided by the warden of the prison if the sentenced person in accordance with paragraph 1 is consistently or seriously in breach of the prescribed order or discipline in a juvenile prison.
(3) Paragraph 9a shall apply to the proceedings referred to in paragraphs 1 and 2. The decision to transfer a sentenced person to a prison for the other sentenced persons shall always be considered a decision to transfer him to a prison with a stricter regime. '
47. in Article 54, the title reads: "Internal differentiation of the execution of the sentence," paragraph 1 is deleted, the numbering of paragraphs is deleted and the words "In juvenile correctional institutions" are replaced by the words "Youth."
48. In Paragraph 55, the words "serving a sentence in a juvenile correctional institution 'are deleted.
49. in Paragraph 56 (1), the words "serving a sentence in a juvenile correctional institution" shall be deleted.
50. Paragraph 57 (1) reads as follows:
"(1) Young persons for whom, in particular due to the duration of the sentence, the preparation for a future profession is foreseen, even without the consent of a legal representative of a minor."
51. In Paragraph 58, the words "serving a sentence in a juvenile correctional institution 'are deleted.
52. § 59 and 60 are released.
53. Section 13, including the title and note No 7a, reads:
Enforcement of the sentence for certain other categories of convicted persons
General provisions
Other provisions of this law shall be applied to the execution of the sentence for the following categories of sentenced persons, unless this section contains a specific provision.
Enforcement of the sentence of convicted persons with altered working capacity and convicted persons of retirement age
(1) The internal rules of the prison, the content and the form of the rehabilitation programmes take into account, in principle, the capabilities, mental and physical condition of the convicted persons with altered working capacity or in retirement age.
(2) Only those disciplinary penalties which may otherwise be imposed on minors may be imposed on the sentenced persons referred to in paragraph 1.
Execution of sentence in convicted with a psychopathic personality structure, convicted drug addicts and convicted with mental illness
(1) Judgments which, on the basis of a comprehensive report accompanied by the conclusion of a medical examination, have been found to have a mental disorder or dependence requiring specific approaches shall, depending on the nature and severity of such a disorder or dependence, normally be included in specific divisions within the different types of prisons.
(2) The internal rules of the prison, the content and the form of the resocialisation programmes take a fundamental account of the need for an individual approach and therapeutic focus.
Enforcement of life sentence
(1) The internal rules of the prison, the content and the form of the resocialisation programmes and internal differentiation take into account, in principle, the psychological, physiological and age specialities of the convicted and other factors arising from the nature of the sentence.
(2) Visits, walks and the execution of disciplinary sentences for placing in a closed ward shall in principle take place separately from other convicted persons.
(3) If, in view of the previous manifestations of the convicted person, there is a reasonable concern that he might behave violently, the demonstration of the sentenced person may be carried out using demonstration chains, handcuffs or handcuffs with a belt, even without complying with the conditions laid down in the special regulation. 7a)
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Regulation Information
| Citation | Act No. 294 / 1993 Coll., amending and supplementing Act No. 59 / 1965 Coll., on the Enforcement of Penalty, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.12.1993 |
|---|---|
| Effective from | 01.01.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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