Decree No. 362 / 2017 Coll.
Decree amending Decree No. 10 / 2000 of the Ministry of Justice Coll., on deductions from the remuneration of persons who are employed in the performance of the sentence of imprisonment, on the enforcement of decisions by deductions from the remuneration of such persons and inmates of special educational establishments and on the reimbursement of other costs, as amended
Valid
Order
Effective from 01.04.2018
Text versions:
01.04.2018
07.11.2017
362
DECLARATION
of 30 October 2017
amending Decree No. 10 / 2000 of the Ministry of Justice Coll., on deductions from the remuneration of persons who are employed in the execution of the sentence of imprisonment, on the enforcement of decisions by deductions from the remuneration of those persons and inmates of special educational establishments and on the payment of additional costs, as amended
The Ministry of Justice shall determine, pursuant to Article 33 (3) and (6) and Article 35 (1) of Act No. 169 / 1999 Coll., on the enforcement of a custodial sentence and on the amendment of certain related laws, as amended by Act No. 52 / 2004 Coll., Act No. 276 / 2013 Coll., Act No. 377 / 2015 Coll. and Act No. 58 / 2017 Coll., pursuant to § 152 (2) of Act No. 141 / 1961 Coll., on the Criminal Procedure (Criminal Code), as amended by Act No. 330 / 2011 Coll. and Act No. 150 / 2016 Coll., and by § 373 of Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 129 / 2008 Coll.:
Decree No 10 / 2000 Coll., on deductions from the remuneration of persons who are employed in the execution of the sentence of imprisonment, on the enforcement of decisions by deductions from the remuneration of those persons and inmates of special educational establishments and on the payment of additional costs, as amended by Decree No 94 / 2001 Coll., Decree No 135 / 2005 Coll. and Decree No 425 / 2009 Coll., are hereby amended as follows:
1. In Paragraph 1 (3), "78 'is replaced by" 72'.
2. In Paragraph 2 (2) (c), the words "if the sentenced person has given his written consent to the implementation of the rainfall," are deleted.
3. In Article 3 (1), "32 'is replaced by" 26'.
4. In Article 4 (1) (c), the words "increased costs of health care under § 28 (2) (k) of the Act, increased costs of security, transport and introduction into the medical institution under § 36 of the Act," are replaced by the words "imposing an obligation to compensate for additional costs associated with the execution of the sentence under § 36 of the Act, the imposition of an obligation to compensate the accused for the execution of the custody under § 21a of Act No 293 / 1993 Coll., on the exercise of the custody, as amended, (" the Law on the enforcement of custody ")," and the words "38 of the Law 'shall be replaced by the words" 38 and § 39a Act on the enforcement of the law and Article 21b of the law on the enforcement of custody'.
5. In Article 6 (1), "20 'is replaced by" 17'.
6. In Article 7 (1), "2 'is replaced by" 11'.
7. Paragraph 7 (3) reads as follows:
"(3) The costs of the execution of the sentence under § 35 of the Act, other costs associated with the execution of the sentence pursuant to § 36 of the Act, the costs of the execution of the custody pursuant to § 10, the costs of the execution of the custody pursuant to § 21a of the Act on the execution of the custody and compensation of damages pursuant to § 38 and § 39a of the Act and Article 21b of the Law on the enforcement of the custody, provided that these claims are not paid by haircuts from the sentence; such payments may be made on an ongoing basis in the execution of the sentence. ';
8. In Article 7 (4), the sentences of the first and second paragraphs are replaced by the following: "The sentenced person may, upon completion of the obligation imposed under paragraph 3, use a portion of the deposit in excess of CZK 35000 to pay maintenance to the persons to whom he is obliged to provide maintenance, to pay damages or non-property damage caused by a criminal offence, or to issue unjustified enrichment, which he has acquired by a criminal offence, to pay the costs of securing his own residence, to cover the costs of the purchase of the documents required after the execution of the sentence, to support his family and other persons close to whom he or she regularly visits in the execution of the sentence."
9. in Article 8 (5), point (a) is deleted;
Points (b) and (c) shall become points (a) and (b).
10. In Section 9, at the end of the text of paragraph 2 and in Section 11, the words "or the staff of the Prisons' shall be added at the end of paragraph 2.
11. in Article 13 (1) and Article 16 (b), the word "employment" shall be replaced by "work."
Efficacy
This Decision shall enter into force on 1 April 2018.
Minister:
JUDr. Pelican, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 362 / 2017 Coll., amending Decree No. 10 / 2000 of the Ministry of Justice Coll., on deductions from the remuneration of persons who are employed in the execution of prison sentences, on the enforcement of decisions by deductions from the remuneration of such persons and inmates of special educational establishments and on the payment of additional costs, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.11.2017 |
|---|---|
| Effective from | 01.04.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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