What is Decree of the Ministry of Justice No. 345 / 1999 Coll.?

Decree of the Ministry of Justice No. 345 / 1999 Coll., which gives the order for the execution of the prison sentence — Order of the Ministry of Justice issuing the Code of Conduct for the execution of a custodial sentence.

Is Decree of the Ministry of Justice No. 345 / 1999 Coll. still valid?

Yes, Decree of the Ministry of Justice No. 345 / 1999 Coll. is still valid and effective.

How many times was it Decree of the Ministry of Justice No. 345 / 1999 Coll. amended?

Decree of the Ministry of Justice No. 345 / 1999 Coll. has 13 time versions of the text.

Decree of the Ministry of Justice No. 345 / 1999 Coll. - Order of the Ministry of Justice issuing...

Q: When it became Decree of the Ministry of Justice No. 345 / 1999 Coll. effectiveness?

Decree of the Ministry of Justice No. 345 / 1999 Coll. became effective 01.01.2000.

345

DECLARATION

Ministry of Justice

of 21 December 1999

laying down the rules for the execution of prison sentences

The Ministry of Justice provides, pursuant to Section 81 of Act No. 169 / 1999 Coll., on the execution of a custodial sentence and on the amendment of certain related laws, hereinafter referred to as "the Act":

ČÁST PRVNÍ

GENERAL PART

HLAVA PRVNÍ

BASIC PROVISIONS

§ 1

(1) Where this decree regulates the scope and tasks of a member of the prison service of the Czech Republic (hereinafter referred to as "the prison service"), it also means a member of the prison service, unless the individual provisions provide otherwise.

(2) If this decree refers to a prison, it is also understood to be the special department of the detention prison (Section 5 (1) of the Act).

§ 2

(1) For the purposes of this decree, the entrusted person carrying out the spiritual activity (hereinafter referred to as the "authorised person") shall mean a qualified clergyman who is responsible for the conduct of that activity by the management of the relevant church or religious society and whose involvement in the prison after the written expression of the prison spiritual service has been agreed by the warden.

(2) In prisons of both basic types they work with convicted fundamentally stable teams of Prison Service employees consisting of a special teacher, psychologist, social worker, educators and supervisors with appropriate special training. As a rule, a single educator shall be given custody of a maximum of 20 convicted persons.

HLAVA DRUHÁ

ACCEPTANCE, EMPLOYMENT, TRANSMISSION AND RELIEF

Recruitment

§ 3

(1) When entering the prison, the identity of the sentenced person must be verified in order to avoid any confusion with another person in the light of all available documents. If the sentenced person is not accompanied by any evidence of identity, provided by the authority of the Police of the Czech Republic until the sentence has been enforced, the sentenced person may be admitted to the prison only if the identity has been verified earlier and an entry is made on the documents by the competent authority of the court or police authority.

(2) If the sentenced person to be admitted to the execution of the sentence has no proof of identity, his identity must be verified by other means, if there is no cause for doubt, and by his honorable declaration.

§ 4

(1) When entering the prison, a personal inspection and the necessary sanitary and anti-epidemic measures shall be carried out on the defendant. The person carrying out the inspection or being present shall be of the same sex as the sentenced.

(2) The sentenced person may keep with him documents relating to criminal proceedings which have been or are being held against him and other official documents; in a number of reasonable possibilities for their storage in the provided photo box, letters, legislation, own books, magazines and newspapers. The sentenced may also carry pocket or wrist watches which do not contain communication or recording equipment, typewriters, items needed to conduct ordinary correspondence, wedding rings, hand-held coffee grinder, electric shavers, drinking cups and basic sanitary supplies.

(3) A portable self-supplied radio receiver for which the receiver has a space and is part of the receiver shall be allowed to use the defendant after checking the technical parameters to determine whether an undesirable device has been installed. The inspection shall be carried out at the expense of the convicted prison administration. In the event of a breach of a seal documenting the integrity of a radio receiver, the sentenced shall not use the radio until it allows the prison to ensure control at its expense.

(4) Remaining other matters shall be decided by the warden of the prison or his authorised staff of the Prison Service. Other matters, including the money and valuables carried by the sentenced person, shall be imposed on him by the administration of the prison, or at the request of the sentenced person, and shall be sent to the person designated by the sentenced. The evidence of the defendant's personal identity is always taken into custody by the prison. Where the imposition of certain items is not possible, in particular due to their nature or quantity, the administration of the prison at the expense of the sentenced shall ensure that they are dispatched to the person designated by the sentenced.

§ 5

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 Police of the Czech Republic responsible for the place of residence of the sentenced, to the Directorate-General of the Prison Service, to the Regional Military Headquarters, where the sentenced is subject to his registration, to the recipient of the pension or to the service allowance to the competent social security authority, to the social curator responsible for the place of residence of the sentenced and, if it is a juvenile, to his legal representative or guardian and to the competent authority of the social protection of children.

§ 6

Admission Section

(1) After taking up the sentence, the newly admitted convictions shall be accommodated in the reception section of the prison, separately according to the principles set out in Section 7 of the Act.

(2) During the stay in the Admission Section, which does not normally exceed two weeks, the sentenced shall undergo an initial medical examination, including the necessary diagnostic and laboratory examinations.

(3) A convicted court in a security prison shall also be subjected to an initial evaluation of external and internal risks to determine the degree of security during the stay in the receiving section.

(4) After the completion of the entry medical examination and in the case of convicted court in a security prison after the determination of the level of security, the prison administration shall send without undue delay to the General Directorate of the Prison Service all the information necessary for the decision on the location of the sentenced person in a particular prison.

§ 6a

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 sentence.

§ 7

Placing of convicted persons in a specific prison

(1) When deciding on the placement of convicted persons under Section 9 (3) of the Act, the Directorate-General of the Prison Service shall, in particular, follow the type of treatment programmes for sentenced persons carried out in individual prisons, the possibility of providing or providing the necessary health services, and shall, as far as possible, also take into account the possibility that the sentenced person carries out the sentence as close as possible to the place of close proximity.

(2) The decision to place in a particular prison shall be communicated without delay to the sentenced person so that he can inform the loved ones. If the sentenced does not have the means to inform close persons, he shall send information about his stay at the cost of the prison.

§ 8

Entry section

(1) In the relevant prison, the convicted person shall be recruited by a panel of experts in the composition of the Head of the Unit for the execution of the sentence (separation of custody and punishment), a psychologist, a special educator, a social worker, a tutor and, where appropriate, other staff of the Prison Service designated by the warden (hereinafter referred to as "experts").

(2) Upon admission to the prison, the newly admitted convicted persons shall be accommodated separately from the other sentenced persons in the entry section of the prison. During the stay in the starting section

(a) draw up a comprehensive report on the sentenced, including a proposal for a programme for the treatment of the sentenced;

(b) the sentenced is fully aware of the content of the law, of this decree, of the internal order and of the environment in which the sentence will be carried out.

(3) Upon completion of the operations referred to in paragraph 2, the sentenced person shall, as a general rule, be summoned within three days by professional staff who shall consult him on the content of the treatment programme and designate the tutor to whom he is entrusted. In doing so, professional staff shall follow the principles set out in Section 7 of the Act and shall ensure that, through the differentiated execution of the sentence, less distortion of conviction is punishable separately from more disturbed convicted persons and that more effective means are used to achieve the purpose of the sentence.

§ 8a

Demonstration of the condemned

(1) Judgments shall be presented to law enforcement authorities, other public authorities carrying out proceedings involving them, lawyers, lawyers representing the sentenced in another case and experts, as well as to the authorities and persons responsible for carrying out the control and supervision of the execution of the sentence.

(2) The defendant shall be brought to the defence if the lawyer proves his / her right to speak or to visit with full authority, in which he / she is authorised to represent in a criminal case or by written measure of the court on the provision of a lawyer by the defendant. The presentation of a convicted person for the purpose of a visit or interview with a lawyer shall not be denied.

(3) The sentenced person shall be presented to the police authority on a written request signed by the nearest authorised superior of the relevant person serving in the police authority and bearing a round official stamp.

(4) Paragraph 2 shall apply mutatis mutandis when presenting a sentenced person to a lawyer who represents the sentenced person in another case.

Movement of convicted persons

§ 9

(1) The sentenced shall be moved to another prison for a transitional period:

(a) at the request of a police authority approved by the Director of the Regional Directorate of the Police of the Czech Republic or by the Head of its Territorial Department, the Director of the Police Department of the Czech Republic or the Head of the Department of the Police Department of the Czech Republic or the Head of the Department of the General Inspection of Security Corps or of another Head of Staff, if any, by another police authority,

(b) at the order of the Prosecutor or the President of the Chamber, who needs to hear the sentenced;

(c) if it is not possible to ensure that adequate restrictions are applied within the meaning of Article 27 (4) of the Act in the prison where the sentenced person carries out the sentence,

(d) on a proposal from a doctor to provide the necessary health services,

(e) on a proposal from the warden for reasons of particular concern,

(f) for the purpose of taking part in civil proceedings before a court.

(2) The sentenced person may only be moved to a prison in which a separation of the same basic type and level of security of the prison in which he carries out the sentence is established or to a prison in which the receiving section is established. Paragraph 6 (1) shall apply to the accommodation of the convicted persons during the transfer.

§ 10

Where a suspension procedure is conducted, a transfer of a sentenced person to a prison of another type or an application to place a sentenced person in a ward with a lower degree of security of the security prison, care shall be taken to ensure that the sentenced person is not transferred for a period not transitory to a prison outside the perimeter of the court conducting such proceedings without serious cause.

§ 11

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. If a minor is involved, the administration of the prison shall immediately send a report to his legal representative or guardian, to the competent social protection authority of the children, and, in the event of other criminal proceedings against the juvenile, to the competent law enforcement authority.

§ 11a

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 may decide to place the sentenced person in a higher level of security, which may in exceptional cases differ by up to two degrees from the department where the sentence is carried out.

§ 12

Output section

In the exit section, the sentenced persons are normally assigned six months before the expected end of the sentence by the prison director, on a proposal from professional staff (§ 8 (1)).

Pre-sentence measures

§ 13

(1) The prison shall ensure that the convictions are released from the execution of the sentence with valid identity documents.

(2) Prior to the execution of the sentence, the sentenced person shall, as appropriate, be informed of the obligation to apply immediately after his release to stay and the legal conditions of the certificate shall be brought to the attention of the trial period of the conditional release and the elimination of the conviction.

(3) The sentenced person shall also provide evidence of the rights and obligations of the jobseekers and of the fact that it is in his interest that he visit the social curator responsible for his place of residence and, where appropriate, his employer within three days.

(4) The prison administration shall immediately send the 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 body of the social protection of children.

(5) A certificate of his release shall be issued to the sentenced.

§ 14

(1) When a sentenced person is released from prison, an exit medical examination shall be carried out, the money deposited in a special account shall be paid to him in accordance with the procedure laid down in the law and the items, valuables, personal documents and documents which he keeps in prison.

(2) The sentence shall be released daily from the execution of the sentence from 08: 00 to 16: 00, even those to whom the sentence ends before 08: 00 on the following day.

(3) If a sick person is discharged, he shall be brought to the care of another health service provider, if necessary, under the law governing the provision of health services.

HLAVA TŘETÍ

INSURANCE AND SOCIAL STABILITY OF RIGHTS

Meals

§ 15

(1) Convicted persons who are not allowed to prepare their own coffee or tea and do not carry out any of the disciplinary penalties referred to in § 46 (3) (f), (g), (h) of the Act shall be provided at least twice a day with warm water for the preparation of beverages.

(2) The doctor should decide on the granting of therapeutic nutrition, its type and duration.

§ 16

A convicted person who, due to his establishment or belief, does not want to accept normal eating habits shall be allowed to take additional meals at his own expense, provided that the conditions in the prison allow it. If the sentenced person is granted therapeutic nutrition, the additional diet must not be contrary to him.

§ 17

Accommodation

(1) A lockable box is provided for each sentenced person to store personal items. The convicted person shall at any time allow the staff of the Prison Service to carry out an inspection of his personal belongings.

(2) In addition to the equipment provided for in Article 16 (3) of the Act, the rooms in which the sentenced are accommodated must be equipped with a table and chairs in a quantity corresponding to the number of the sentenced.

(3) The warden of the prison decides on the manner in which the rooms, beds, lockers and storage areas of the convicted persons are adapted. Adequate individual aesthetic adjustment of the rooms in which they are staying may be allowed to the sentenced.

(4) In order to maintain order, cleanliness and hygiene in the bedrooms and other premises of the dormitories, normal cleaning and disinfection agents are issued in the necessary quantities.

(5) If the accommodation rooms of the cell are located, they shall be equipped with a bathroom containing a toilet and a sink with running drinking water; the area of the social facility is not included in the accommodation area. The toilet must be separated from the remaining cell space by at least an opaque screen. Electrical lighting and signalling (calling) devices shall be introduced into each cell.

(6) The accommodation room intended for multiple accommodation must be at least 4 m2 per sentenced person. A cell or bedroom intended for accommodation of only one person shall not be less than 6 m2.

(7) A cell or bedroom which accounts for less than the accommodation area determined in accordance with paragraph 6 but not less than 3 m2 may be placed in a cell or bedroom of less than 3 m2.

(a) a convicted non-practitioner in a specialised section only where the total number of such convicted persons in prisons of the same basic type and the security level of the surveillance prison does not allow the accommodation area established in accordance with paragraph 6 to be adhered to due to insufficient accommodation capacity; the total area of the same basic type and the security level of the specialised sections shall not be counted;

(b) the sentenced offender in one of the specialised sections only if the total number of convicted persons in such a specialised section in prisons of the same basic type and the degree of security of the detention centre does not allow the sentenced person to comply with the accommodation area established in accordance with paragraph 6 due to insufficient accommodation capacity or if the execution of the sentence of such a sentenced person in another prison would be significantly impeded in view of the technical conditions of that prison, it would not be possible for the sentenced to provide or provide the necessary health services, or, for other important reasons, it would be jeopardised to fulfil the purpose of inclusion of the sentenced in the specialised section.

(8) Single-storey beds can only be used if a distance of at least 80 cm is maintained between the bed surfaces of the lower and upper beds and at least 7 m3 of air per condemned person. The upper bed shall be provided with a support which does not release dust.

Device

§ 18

(1) Clothing and other equipment shall be provided to the sentenced according to the annual period; the carrying of seasonal equipment components is decided by the warden. Convicts are required to ensure their purity and maintain them in a state suitable for proper use; otherwise they shall be responsible for the damage caused.

(2) They may use their own sports clothing and sports footwear only in physical and sports activities and in the course of the trips.

(3) Custom clothing and footwear may be worn by convictions:

(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,

(b) in a low-security ward of a non-working prison at its discretion.

(4) All convicted men can wear their own underwear and socks.

(5) Custom clothing, footwear, underwear and socks keep the conviction clean at their own expense.

(6) For the purposes of wearing own clothing and footwear, all periods other than those specified in the schedule of the day for the implementation of the activities of the treatment programme referred to in § 36 (3) to (6) shall be considered out of time.

§ 19

(1) The exchange of prison personal clothes shall be carried out at least once a week, in prison clothing or in footwear as required, and in prison bed linen once every 14 days.

(2) The replacement of own clothing, linen or footwear is carried out by post or by visiting the sentenced person.

§ 20

Walking

(1) The purpose of the trips is to ensure the sentenced daily stay in the fresh air and active rest; the convictions are of their own interest.

(2) Walking takes place in walking places. The exit area is a defined area of the prison, which can be equipped with construction-related technical security of an adequate type of prison and security level of the security prison.

(3) The time for walking shall be defined in the timetable of the day which forms part of the internal order.

(4) Disabled convictions shall take place with the consent of the attending physician and as recommended by him.

(5) The exit may be restricted or cancelled only for serious reasons, on the basis of a decision taken by the warden of the prison or his authorised staff of the Prison Service.

(6) In the course of the proceedings, the convicted persons may sport; they must have adequate weather conditions at the exit.

§ 21

Personal hygiene

(1) The prison is required to create appropriate conditions for compliance with the personal hygiene of the convicted in such a way as to ensure daily washing, regular shaving and normal hygiene operations.

(2) Bathing with the condemned will allow at least twice a week. Where required by professional classification of convicted persons or other circumstances, bathing shall be allowed more frequently. Bathing is considered to be hot water showering under conditions of enforcement. If, for operational or energy reasons, bathing cannot be temporarily secured, the possibility of proper washing in warm water must always be ensured.

(3) Convicts are normally cut free of charge once a month, as appropriate. Hair and beard keep the convictions clean.

(4) The administration of the prison will provide basic hygiene needs in the necessary quantity and assortment to a convicted person who does not have basic sanitary means or money to buy them.

§ 22

Personal leave

(1) Personal leave means the time available to the sentenced after completion of the treatment programme activities, the time needed for personal hygiene, cleaning, meals, one-hour walks, an eight-hour sleep period and activities resulting from the organisational operation of the prison (e.g. number check, cleaning and other similar activities needed to ensure the day-to-day operation of the prison).

(2) In his personal leave, the sentenced person of his choice is engaged in self-education, the satisfaction of his spiritual and cultural needs, interests beyond the treatment or rest programme.

(3) Activities carried out at the time of personal leave must not be contrary to the internal rules and the purpose of the execution of the sentence.

§ 23

Health care

(1) Health services are provided to the convicted person by the Prison Service in its health facilities and, if necessary, in cooperation with other health service providers.

(2) If the medical condition of the sentenced person requires the provision of urgent medical care and if it is not possible to provide it in the detention centre, a medical emergency service or a medical rescue service shall be called upon by the prison service.

(3) In the event that the doctor orders the medical emergency service or medical emergency services provider to provide outpatient or bedside care at the nearest medical facility of another provider authorised to provide the necessary medical services, or to be hospitalized at a hospital in a hospital in a hospital in the care of the prison service, his instructions for carrying out this procedure shall be binding on the authorities of the prison service and shall be complied with without delay.

(4) The refusal of the food to be sentenced shall be notified without delay by a doctor who shall continuously monitor the health status of the sentenced and shall decide on the manner in which it is supervised and the prosecutor who shall supervise the execution of the sentence.

(5) A crisis squad is set up in prison for convicted in acute mental distress.

(6) A sentenced person who, due to his mental state, endangers himself or his surroundings may be placed on a special cell which is part of the crisis section for an essential period of time, as recommended by the doctor.

(7) Upon his own request, a convicted non-smoker shall always be placed separately from the convicted smokers.

§ 24

Correspondence

(1) The defendant may accept and send correspondence only in writing through the holder of the postal licence (hereinafter referred to as the post office).

(2) The prison director authorised by the staff of the Prison Service (normally educators) may, without the consent of the sentenced, check the contents of the correspondence

(a) addressed to the sentenced;

(b) dispatched to the sentenced;

except for the correspondence referred to in Article 17 (3) of the Act; the delegation of staff of the Prison Service authorised to check the correspondence of the sentenced shall be published in the internal rules.

(3) For correspondence of the convicted persons, lockable lockers shall be established in an accessible place to which the sentenced may place it unless they hand it over to the educator. Only the correspondence referred to in Section 17 (3) of the Act is submitted in a sealed envelope. The boxes are selected daily on working days. Correspondence in the Czech language and foreign-language correspondence which the prison can check by its own means and which does not give rise to suspicion that a criminal offence is being prepared or committed shall be sent without delay, no later than the following working day.

(4) Correspondence in the Czech language and foreign-language correspondence to which the prison may examine by its own means, addressed to the defendant shall be transmitted to him on the same day that it was taken from the post office, unless its content gives rise to suspicion that a criminal offence is being prepared or committed.

(5) In the case of foreign-language correspondence not referred to in paragraphs 3 and 4 of the prison without delay, it shall take the necessary measures to carry out the inspection and to deliver it promptly, while ensuring that the secrets of the reports contained in the correspondence are preserved.

(6) Correspondence in which the defendant makes an appeal within the meaning of law and the Prison Service is known, shall be provided by the authorised Prisoner's Staff by means of a prison presentation stamp and the date on which such submission was made. At the request of the sentenced, the authorised member of the Prison Service shall acknowledge receipt of such a submission, indicating the date of receipt.

(7) The prison administration records all correspondence referred to in § 26 (1) of the Act and in § 34 (1). Other correspondence shall be recorded only if it is sent as recommended; the recommended consignment shall be transmitted to the sentenced against signature.

(8) The sentenced person may retain his correspondence in a quantity corresponding to the storage possibilities in the assigned box. If the defendant so requests, the administration of the prison is obliged to deposit all correspondence addressed to him.

(9) Where written communications are accompanied by items other than books, daily newspapers, magazines and items needed to conduct ordinary correspondence, the consignment shall be considered a package within the meaning of Article 24 of the Act.

§ 25

Use of the phone

(1) Before authorising the use of a telephone, the staff member authorised by the warden of the prison shall check the accuracy of the information provided in the application of the sentenced person.

(2) The authorization of the Prison Service to familiarise itself with the content of telephone calls is generally carried out by checking the recording of calls on the recording medium, exceptionally by direct wiretap of the Director of the Prison Service Staff. If the content of a phone call is suspected of being prepared or committed a criminal offence, the Prison Service shall transmit the alert to the criminal authority, in the event of direct eavesdropping, shall interrupt the call and notify the event.

(3) If the Prison Service finds that the defendant is communicating with his lawyer or person referred to in § 17 (3) or § 61 (9) of the Act when checking the recording of calls or direct wiretap, it shall immediately cancel the wiretap, destroy the record of its content and not use any information it has received in this connection.

(4) All calls made by the defendant shall be recorded.

Visits

§ 26

(1) Visits of sentenced persons are organised during the day, as a rule, on days of leave or rest.

(2) In justified cases, the warden of the prison or his authorised staff of the Prison Service may, upon request of the sentenced visit period provided for in Section 19 (1) of the Act, divide several separate periods of time in a calendar month.

(3) A pre-visit staff member of the Prison Service will instruct the convicted and visitors about the rules of conduct laid down during the visit and the right to suspend or terminate the visit early if the sentenced or visitors, through alerts, violate the order, discipline or security of the prison (Section 19 (9) of the Act).

(4) Entry into the premises of a prison reserved for the conduct of visits of convicted persons shall be granted upon presentation of a valid identity card, passport or other identity card issued by a foreign State recognised by the Czech Republic. Entry on the basis of a certificate of loss of the identity card shall not be allowed unless it is accompanied by a photograph.

(5) A personal examination [Paragraph 28 (2) (a) of the Act] by a person of the same sex shall be carried out before and after the visit.

§ 27

(1) A suitable waiting room is set up for visitors. There is a law in the waiting room, this decree, internal rules and basic information, in particular about the financial and material requirements of the convicted and the security of health services for the convicted.

(2) Acceptance and refusal of a visit by a sentenced person or person authorised shall be recorded.

§ 28

(1) A visit for urgent family or personal reasons may be permitted by the warden of the prison or by his authorised staff of the Prison Service more often even outside the time originally specified. If the warden of the prison or his authorised employee of the Prison Service authorises the sentenced person to accept a visit to a non-close person (Section 19 (4) of the Act), such visit shall not count between visits to close persons.

Citation	Decree of the Ministry of Justice No. 345 / 1999 Coll., which gives the order for the execution of the prison sentence
Regulation Type	Order
Author	-
Collection	Code of Laws

Date of Promulgation	30.12.1999
Effective from	01.01.2000
Effective until	-
Status	Valid

Decree of the Ministry of Justice No. 345 / 1999 Coll.

Order of the Ministry of Justice issuing the Code of Conduct for the execution of a custodial sentence

Contents