Decree No. 362 / 2020 Coll.
Decree amending Decree No. 345 / 1999 Coll., which gives the order for the execution of the prison sentence, as amended
Valid
Order
Effective from 01.10.2020
362
DECLARATION
of 27 August 2020
amending Decree No 345 / 1999 Coll., laying down the rules for the execution of prison sentences, as amended
The Ministry of Justice provides, pursuant to Section 81 of Act No. 169 / 1999 Coll., on the execution of a prison sentence and amending certain related laws:
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. and Order No. 279 / 2017 Coll., is hereby amended as follows:
1. In Article 4 (3), the last sentence is deleted.
2. In Paragraph 17 (5), at the end of the first sentence, the words "the area of social facilities shall not be included in the accommodation area 'shall be added.
3. In Article 17 (6), the third sentence is deleted.
5. In Article 17, the following paragraph 7 is inserted after paragraph 6:
"(7) To place the sentenced person in a cell or bedroom where the accommodation is less than that referred to in paragraph 6, the total number of sentenced persons serving a sentence in prisons of the same basic type and the security degree of the prison security in the Czech Republic shall not allow the accommodation area established in accordance with paragraph 6 to be observed due to insufficient accommodation capacity. The accommodation area per sentenced shall not be less than 3 m2. ';
Paragraph 7 shall become paragraph 8.
6. In Paragraph 26, the following paragraph 2 is inserted after paragraph 1:
"(2) In justified cases, the Director of the Prison Service or his authorised member 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. '
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
7. In Paragraph 27 (1), the words "health care for them 'are replaced by the words" health services for sentenced persons'.
8. In Article 33 (1), the words "food containing seeds of poppy seed 'shall be inserted after the words" destruction'.
9. In Paragraph 34 (7), "2, 3 'is replaced by" to 4';
10. In Paragraph 46, at the end of paragraph 5, the sentence "For the purposes of education, the use of computer technology in facilities provided by and under the control of prisons may be permitted for those convicted."
11. in Paragraph 89 (1):
"(1) The internal rules and the offer of preventive education, education, interest and sports programmes shall take into account the special needs of pregnant women, women in the six weeks after birth and breastfeeding mothers. '
12. Paragraph 91 (1) is deleted.
Paragraphs 2 to 9 shall be renumbered paragraphs 1 to 8.
13. in Paragraph 91 (2):
"(2) The health services of a child who is cared for in a prison are provided by the Prison Service under a contract with a provider authorised to provide medical services in the field of practical medicine for children and adolescents."
14. In Article 91, at the end of the text of paragraph 5, the words "and from the means to meet the needs of the child 'shall be added.
15. In Paragraph 91, the sentence "A mother who has been allowed to carry her or her minor child shall, as a rule, be punished in the section for the mothers of minors, is added to the beginning of paragraph 6. '
16. in Article 91 (7) and (8):
"(7) If a mother who is staying in a prison in which a ward is established for the mothers of minor children cannot take care of the child because of illness or for any other serious reason, she shall take over the care of the child for the necessary period of time by the director of the prison designated by the staff member; the prison shall inform the legal representative of the child, if possible, and the competent social protection authority of the children. Where a mother resides outside a prison in which a section for the mothers of minors is established, child care shall be dealt with in the cases referred to in the first sentence through the Social Protection Authority. The child shall always be examined by the doctor of the health service provider referred to in paragraph 2 when transferring each other.
(8) The prison will allow the competent body of social protection for children to monitor regularly the development of the child that the mother is taking care of in the prison. '
17. In Paragraph 91, the following paragraph 9 is added:
"(9) The county court in whose district the prison is located shall immediately inform the competent social and legal protection authority of the children in whose district the prison is located of the birth of the child during the execution of the sentence of the sentenced woman. ';
18. In Paragraph 99 (1), "overnight 'is replaced by" stationary'.
19. in Paragraph 99 (2), the word "fundamentally" shall be deleted;
Efficacy
This Decree shall take effect on 1 October 2020, with the exception of Article I (4), which shall take effect on 1 January 2027.
Minister of Justice:
Mgr. Benešová v. r.
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Regulation Information
| Citation | Decree No 362 / 2020 Coll., amending Decree No 345 / 1999 Coll., which gives the order for the execution of the prison sentence, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.09.2020 |
|---|---|
| Effective from | 01.10.2020 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Criminal law
Criminal law
The regulation text is for informational purposes only.
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