Decree No. 360 / 2024 Coll.
Order on the amount of the costs of the execution of the detention and imprisonment and on the details of the handling of the money of prisoners and persons in the exercise of security detention and on the amendment of the related regulations
Valid
Order
Effective from 01.01.2025
Text versions:
01.01.2025
04.12.2024
Contents
360
DECLARATION
of 8 November 2024
on the amount of the costs of the execution of the detention and the prison sentence and on the details of the handling of the money of prisoners and persons in the exercise of security detention and on the amendment of the related decrees
The Ministry of Justice shall determine pursuant to § 21d (1), § 21h (1), § 21i (2) and § 31 of Law No 293 / 1993 Coll., on the exercise of custody, as amended by Act No 29 / 2024 Coll., under § 26a (1), § 35 (3), § 39b (5), § 39c (1), § 39h (2), § 39i (1), § 39k (3) and § 81 of the Act No. 169 / 1999 Coll., on the enforcement of certain related laws, and on the amendment of Act No. 29 / 2024 Coll., and under § 14b (1) of Law No. 129 / 2008 Coll., on the enforcement and on the enforcement of certain related laws, as amended by Act No 29 / 2024 Coll.
THE AMOUNT OF THE COSTS OF THE PERFORMANCE OF THE BUSINESS AND THE TERMINATION OF THE FREEDOM AND DETAILS OF THE IMPLEMENTATION WITH THE MONEY OF THE PRISED PERSONS AND PERSONS IN THE PERIOD OF THE SECURITY DETECTION
Amount of costs of execution
The amount of the costs of the execution of the bond which the defendant is obliged to pay is CZK 80 for each calendar day of execution of the bond.
Amount of execution costs
(1) The amount of the costs of the execution of the sentence to be borne by the sentenced shall be the sum of:
(a) the amount corresponding to 23% of the money credited to the special account for the preceding calendar month, which is intended to be deducted and broken down into pocket and deposit charges under the Act on the execution of the custodial sentence;
(b) the amounts which, after other deductions have been made under the Act on the execution of a custodial sentence, shall be used for reductions to cover the costs of the sentence;
(c) the amount of the storage charge which exceeds the amount laid down in Article 6 (2) and which shall be used for deductions to pay the costs of execution;
(d) 80 CZK for each calendar day in which the sentenced refused to work or did not take up work for no reason; and
(e) an amount equal to 40% of the pension or service allowance of the sentenced person who has not been sent to a special account.
(2) The cost of the execution of the sentence for a calendar month shall be at most the product of the sum of CZK 80 and the number of calendar days during which the sentenced was obliged to pay the cost of the sentence.
Amount of deductions from funds credited to a special account
Of the money credited to the special account for the previous calendar month for the deductions and for the distribution into pocket and storage under the law on the enforcement of the custodial sentence, a proportion of
(a) 33% for reductions to cover the cost of feeding dependent children;
(b) 23% for reductions to cover the costs of the execution of a custodial sentence;
(c) 12% for deductions to cover preferential claims; and
(d) 4% for deductions to cover further claims on the defendant.
Amount of shares allocated to the allowance and storage of money credited to a special account
Of the money credited to the special account for the previous calendar month for the deductions and for the distribution into pocket and storage under the law on the enforcement of the custodial sentence, a proportion of
(a) 17% per allowance; and
(b) 11% for storage.
Pocket
The sentenced can have a maximum of CZK 15,000 as an allowance.
Storage
(1) The amount of the deposit which the sentenced person will not be allowed to dispose of during the sentence shall be CZK 1 000.
(2) The amount of the deposit in which the deposit may be used only for the purposes referred to in § 39i (2) of the Act on the execution of a custodial sentence is CZK 35,000.
Restrictions on the treatment of the accused's money
The amount which the defendant will not be able to dispose of during the period of custody is CZK 1,000.
Social allowance
The amount with which the sentenced person or the person in charge of the security detention can freely dispose of and whose failure justifies the provision of social allowance is CZK 150.
Contribution to payment of the necessary redundancy needs
The contribution to the payment of the necessary needs after the execution of the sentence or the execution of the custody shall not exceed CZK 2,000.
Transitional provisions
1. The amount of the costs of the execution of the binding carried out before the date of entry into force of this decree is CZK 45 for each calendar day of execution of the binding.
2. In order to determine the amount of the costs of the execution of the sentence carried out before the date of entry into force of this decree, the amount of the cost of the execution of the sentence for the calendar day on which the sentenced refused to work or did not enter work for a serious reason is CZK 50.
3. The amount of the execution of the sentence carried out before the date of entry into force of this decree shall not exceed CZK 1,500 per calendar month.
Amendment of the Rules of Procedure for District and Regional Courts
Decree No. 37 / 1992 Coll., on the Rules of Procedure for Regional and Regional Courts, as amended by Decree No. 584 / 1992 Coll., Decree No. 194 / 1993 Coll., Decree No. 246 / 1995 Coll., Decree No. 278 / 1996 Coll., Decree No. 234 / 1997 Coll., Decree No. 482 / 2000 Coll., Decree No. 104 / 2002 Coll., Decree No. 268 / 2003 Coll., Decree No. 202 / 2007 Coll., Decree No. 322 / 2013 Coll., Decree No. 384 / 2017 Coll., Decree No. 222 / 2021 Coll., Decree No. 457 / 2009 Coll., Decree No. 438 / 2011 Coll., Decree No. 322 / 2013 Coll.
1. In the heading of Section 70, the words "or the remuneration of persons in prison or in custody 'are deleted.
2. In Paragraph 70 (1), the words "or, in the case of persons serving a prison sentence or in the custody of persons who have been detained by salary cuts' are deleted.
3. Paragraph 70 (2) is deleted and paragraph 1 is deleted.
Change in the order of execution
Decree No. 109 / 1994 Coll., issuing the Rules of Enforcement, as amended by Decree No. 292 / 2001 Coll., Decree No. 377 / 2004 Coll., Decree No. 242 / 2006 Coll., Decree No. 18 / 2015 Coll., Decree No. 280 / 2017 Coll., Decree No. 363 / 2020 Coll. and Decree No. 226 / 2021 Coll., is amended as follows:
1. In Paragraph 18 (1), the word "s' is inserted after the word" take '.
2. In Paragraph 19 (1), the words "or Head of Department of the General Inspection of Security Corps; in other cases, the application shall be approved by the prosecutor who oversees the case ', replaced by', the Head of the General Inspection Department of the Security Corps or the Chief of the Military Police Criminal Service; in other cases, the application shall be approved by the prosecutor supervising the legality of the preparatory procedure '.
3. In Paragraph 24 (1), the second sentence is deleted.
4. In Article 24 (2), the words "or the amount of money 'are deleted.
5. In Article 26 (2), the words "and information on the amount of the balance in the special account on the date on which the information is drawn up 'shall be inserted after the words" the prison'.
(6) Paragraph 51, including footnote 6, is deleted.
7. In Paragraph 63 (2), the words "up to 1000 CZK 'and the sentences of the second to fourth shall be deleted.
8. In Article 78a, the words "and from the funds assigned to meet the needs of the child 'shall be added at the end of the text of paragraph 4.
Amendment of the rules on the execution of prison sentences
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., Order No. 19 / 2015 Coll., Order No. 279 / 2017 Coll., Order No. 362 / 2020 Coll. and Order No. 225 / 2021 Coll., are hereby amended as follows:
1. In Article 4 (4), the words "deposit at his request 'shall be replaced by the words" deposit or at the request of the sentenced person and send his costs to the person designated by the sentenced person'.
2. In Section 5, the words "pensioners and persons receiving a service allowance or service allowance 'are replaced by the words" pensioner or pension allowance'.
3. In Paragraph 14 (1), the words "the money deposited in a special account shall be paid to him in accordance with the procedure laid down in the law 'and the word" money' shall be deleted.
4. In Article 27 (1), the word "financial 'is replaced by" cash'.
5. Paragraph 31 (3) is deleted.
Paragraph 4 shall become paragraph 3.
6. In Paragraph 57, paragraphs 4 to 6 are deleted.
Paragraphs 7 and 8 shall be renumbered paragraphs 4 and 5.
7. Paragraph 62 (2) is deleted.
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
8. In Paragraph 62 (3), the words "up to CZK 5,000 'and the sentences of the second and third shall be deleted.
9. In Paragraph 91 (5), the words "funds designated 'are replaced by" funds assigned'.
EFFECTIVE
This Decree shall take effect on 1 January 2025.
Minister of Justice:
JUDr. Blažek, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 360 / 2024 Coll., on the amount of the costs of the execution of the detention and imprisonment and on the details of the handling of the money of prisoners and persons in the exercise of security detention and on the amendment of related regulations |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.12.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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