Decree No. 363 / 2020 Coll.
Decree amending Decree No. 109 / 1994 Coll., issuing the Rules of Enforcement, as amended
Valid
Order
Effective from 01.10.2020
363
DECLARATION
of 27 August 2020
amending Decree No. 109 / 1994 Coll., laying down the rules for the exercise of the custody, as amended
The Ministry of Justice provides, pursuant to Article 31 of Act No. 293 / 1993 Coll., for the exercise of custody:
Decree No. 109 / 1994 Coll., which issues the order of execution of the custody, as amended by Decree No. 292 / 2001 Coll., Decree No. 377 / 2004 Coll., Decree No. 242 / 2006 Coll., Decree No. 18 / 2015 Coll. and Decree No. 280 / 2017 Coll., are amended as follows:
1. In Paragraph 14 (1), the words "in a cell 'are replaced by the words" a cell equipped with a toilet and'.
3. Paragraph 15 (2) reads as follows:
"(2) The defendant may be placed in a cell or bedroom in which the accommodation area is less than that referred to in paragraph 1, only if the total number of accused persons within the upper court district exceeds the accommodation capacity laid down in paragraph 1; however, the accommodation area per defendant may not be less than 3 m2. ';
4. In Article 15, the following paragraph 3 is added:
"(3) The area of social facilities shall not be included in the accommodation area. ';
5. in Article 43a (2), the last sentence shall be deleted;
6. In Paragraph 48 (2), the words "food containing seeds of poppy seed 'shall be inserted after the words" destruction'.
7. In Paragraph 52, the words "in particular it may be allowed to use computer technology in facilities provided by and under the control of prisons' shall be added at the end of paragraph 4.
8. In Paragraph 76, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) 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. '
9. Paragraph 78a (1) is deleted.
Paragraphs 2 to 8 shall be renumbered paragraphs 1 to 7.
10. in Paragraph 78a (2):
"(2) The health services of a child who is cared for in a prison are provided by the Prison Service on the basis of a contract with a health service provider in the field of practical medicine for children and adolescents."
11. In § 78a, the sentence "A mother who has been allowed to carry and take care of her minor child shall, as a rule, be bound in the section for the mothers of minors."
12. in Article 78a (3), "3" is replaced by "4."
13. in Paragraph 78a (6):
"(6) 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. ';
14. in § 78a, paragraph 7 is deleted;
Efficacy
This Decree shall take effect on 1 October 2020, with the exception of Article I (2), which shall take effect on 1 January 2027.
Minister of Justice:
Mgr. Benešová v. r.
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Regulation Information
| Citation | Decree No. 363 / 2020 Coll., amending Decree No. 109 / 1994 Coll., which gives the order for the execution of the detention, 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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