Decree No. 377 / 2004 Coll.
Order amending Decree No. 109 / 1994 Coll., issuing the Rules of Enforcement, as amended by Decree No. 292 / 2001 Coll.
Valid
Order
Effective from 01.07.2004
377
DECLARATION
of 14 June 2004
amending Decree No 109 / 1994 Coll., laying down the rules for the exercise of custody, as amended by Decree No 292 / 2001 Coll.
The Ministry of Justice provides, pursuant to Section 31 of Act No. 293 / 1993 Coll., for the exercise of custody, as amended, ("the Act '):
Decree No. 109 / 1994 Coll., issuing the Rules of Enforcement, as amended by Decree No. 292 / 2001 Coll., hereinafter referred to as the Order, is hereby amended as follows:
1. In Paragraph 1 (2), the words "and approved 'and" entitled to provide spiritual service to the accused' are deleted.
2. In Article 2 (1), the words "curator for youth or social curator of the district (urban) office 'are replaced by the words" coordinator for the care of citizens not socially adapted to the municipal authorities with extended competence'.
3. In the first sentence of Paragraph 2 (2), the words "communication of the accused 'are replaced by the words" initiation of the prosecution of the defendant' and the words "investigator of the Police of the Czech Republic (" Police ') or another police authority' are replaced by the words "police authority of the Police of the Czech Republic (" Police ')'.
4. In Article 3 (2), the words "preventive education, education, interest and sports programmes," shall be inserted after the word "schedule."
5. In Paragraph 3 (3), "on 'is replaced by" v'.
6. the following Section 4a is inserted after Section 4, including the title and footnote 1a:
Treatment of accused persons
(1) In order to limit the negative effects of the isolation of the defendant by taking him into custody and in accordance with the purpose of the detention, he creates suitable conditions for preventive education, education, interest and sport programmes. In order to do so, it shall take appropriate measures, in particular in the field of personnel, material and organisational, in cooperation with the relevant national authorities and institutions, churches and religious societies and interest associations of citizens.
(2) The prison shall offer the defendant participation in at least one preventive education, education, pets and sports programme.
(3) Paragraph 7 of the Act shall apply mutatis mutandis when implementing preventive educational, educational, interest and sports programmes. The joint participation of men and women, as well as the accused, for whom there is a concern that they will thwart clarification of the facts relevant to criminal prosecutions (1a), is not admissible with other defendants.
(1a) § 67 (b) of Act No. 141 / 1961 Coll., as amended. '
7. In the second sentence of Article 5 (1), the word "investigator 'is replaced by" police authority'.
8. In Paragraph 10 (2), the words "to whom a criminal offence has been brought under the criminal order 'are replaced by the words" to which a criminal prosecution for a criminal offence has been brought'.
9. In Paragraph 14 (3), "Patrová 'is replaced by" One-store'
10.
(1) There must be at least 4 m2 of accommodation per defendant in a cell designated for multiple accommodation. Cells of less than 6 m2 cannot be used for accommodation of accused persons.
(2) It is only possible to place the defendant in a cell where the accommodation area is less than 4 m2, if the total number of accused persons within the district of the Supreme Court exceeds the accommodation capacity of the prisons established to accommodate at least 4 m2 per defendant. "
11. in Article 17 (2), the words "the investigator or" shall be deleted and the words "the relevant investigative parts" shall be replaced by the words "the relevant article of the organisation of the criminal service and the investigation."
12. In the second sentence of Paragraph 18 (3), the words "by an investigator or 'are deleted.
13. In the first sentence of Paragraph 19 (1), the words "the investigator or 'shall be deleted.
14. In the second sentence of Article 19 (1), the words "the Head of the competent office of the investigation whose investigator is active in the matter 'are replaced by" the Director of the competent department of the Police Department or the Director of the Office of the Criminal Police Service and the Investigation of the Police of the Czech Republic'.
15. in Article 19 (3), the words "the investigator or" shall be deleted;
16. In Paragraph 22 (1), the following sentence is inserted after the second sentence: "If the President of the Republic or the Minister of Justice orders the release of the defendant for custody, this decision shall be implemented by the Ministry of Justice, which shall proceed in a similar manner."
17. in Article 27 (3), the words "not in a cell" shall be replaced by the words "not in a cell."
18. In Paragraph 33 (1), the words "or even without such a request shall be added at the end of the sentence if the health condition does not allow the defendant to communicate with the surrounding population '.
19. in Paragraph 38 (2):
"(2) The prison administration shall keep a nominal overview of the participation in the walks."
20. Paragraph 38 (3) is deleted.
21. In the first sentence of Paragraph 40 (1), the word "implemented" shall be replaced by the words "authorised to implement."
22. In Paragraph 42 (2), the word "him 'is replaced by" him'.
23. The following Section 43a is inserted after Section 43:
Use of the phone
(1) Before authorising the use of the telephone, the staff member authorised by the warden of the prison shall check the accuracy of all the information provided in the defendant's application.
(2) To allow a telephone call to the authorised telephone number, the defendant requests the overseer. Any request by the defendant to allow a telephone call shall be entered in his personal file.
(3) The authorization of the Prison Service to familiarise itself with the content of telephone calls is usually carried out by checking the recording of calls on the recording medium, exceptionally by direct wiretap of the Prisoner Service employee authorised by the warden. 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. The same procedure shall be followed by the Prison Service if it finds that communication is taking place with a non-authorised person or if the call leads to a breach of the reason for the detention.
(4) If the Prison Service finds that the defendant is communicating with his lawyer, it shall immediately cancel the wiretap, destroy the record of its contents and not use the information it has received in this connection.
(5) All authorised phone calls of the defendant shall be recorded on the record card. ';
24. In the first sentence of Paragraph 44 (2), the words, "and if it is a soldier of a basic service, upon presentation of a military book," shall be deleted.
25. In Paragraph 44 (4), the second sentence shall be replaced by the sentence "The adaptation of the room where the visitor is separated from the defendant by a bulkhead (Section 14 (4) of the Act), in particular the dividing bulkhead and the communication devices used, shall not prevent the normal call and visual contact of the accused."
26. Paragraph 45 (1) is deleted and paragraph 2 is deleted.
27. in Article 48 (2), the words "mobile telecommunications technology, telecommunications and radio communication technology, recording and computing techniques and their components, addictive substances including plants or chemicals for their preparation, poisons, explosive or pyrotechnic substances, explosive articles, explosive explosive systems, medicines," shall be inserted after the words "ammunition."
The second sentence is deleted.
28. In Article 48 (3), the words "unless the contents of the package or its untransmitted part of the reasonable suspected of committing an offence or other administrative offence or of a criminal offence by the sender of the package" shall be inserted after the word "sender" and, at the end of the paragraph, the phrase "If the contents of the package or its untransmitted part is based on a reasonable suspicion of committing an offence or other administrative offence or a criminal offence by the sender of the package, the package or the untransmitted part of the package shall be transmitted to the police authority or other competent authority, and if the suspected of committing an offence, the competent authority acting in criminal proceedings."
29. in Paragraph 50 (1), the second and third sentences are deleted.
30. Paragraph 51 (2) is deleted.
Paragraph 3 shall become paragraph 2.
31. in Paragraph 52 (3), "on" is replaced by "v."
32. In Paragraph 53 (1), the word "on 'is replaced by" v' and the words "and cash up to the permissible amount (Paragraph 51 (2)) 'are deleted.
33. In Paragraph 53 (2), at the end of the second sentence, the words "or it shall be transmitted when visiting to the person designated by the defendant 'shall be added.
34. in Article 54 (1) and (2):
"(1) Prior to the authorisation to connect a radio or television with a power input of more than 100 W to the electricity network, the warden shall conclude a written agreement with the defendant to pay a flat-rate compensation for electricity consumption in connection with the operation of such a radio or television.
(2) In the event of a breach of the seal documenting the integrity of the receiver after an inspection carried out pursuant to Article 17 (2) of the Act, the defendant shall not use the receiver until he allows the check to be carried out at his expense. '
Paragraph 2 shall become paragraph 3.
35. Sections 55 and 56 are deleted, including the title.
36. in Paragraph 57 (2), the words "youth curators, social curators" shall be replaced by the words "social welfare coordinators, social legal child protection bodies."
37. In Paragraph 57 (3), the words "except for visits and interviews of the staff of the institutions of the social and legal protection of children covered by Paragraph 26 (6) of the Act" shall be added at the end of the paragraph.
38. After Paragraph 62, the following Section 62a is inserted:
Security of order at the place of enforcement
(1) Charges in contact with other persons must respect the principles of good conduct used in ordinary social relations. They shall, in contact with an employee of the Prison Service, an employee of a state body or another citizen, greet them in a manner used in ordinary social relations, address them by the words "sir" or "mistress" with the addition of a function or surname, if they are known, and denounce them.
(2) The accused are obliged to treat the other accused well and address them in a manner used in ordinary social relations.
(3) During the eight-hour bedtime period, the accused are obliged to keep the night's rest.
(4) On the premises of the prison and in personal matters, the charges are required to maintain order and cleanliness consistent with hygiene standards and practices.
(5) In places where this is prohibited due to potential threats to non-smoking health or for fire-fighting reasons, the warden does not smoke the charges. "
39. In Paragraph 63 (2), the third words "or carry them 'are deleted from the sentence.
40. In Article 63 (4), the words "the financial report of the District Office in whose district the prison is located 'shall be replaced by the words" the competent office of the State Representation Office in matters of property, unless otherwise provided for in the Special Regulation (7)'.
footnote 7:
"7) § 11 of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its appearance in legal relations, as amended by Act No. 202 / 2002 Coll., Act No. 354 / 2003 Coll. and Act No. 41 / 2004 Coll."
41. In Paragraph 64 (3), "300 CZK" is replaced by "500 CZK."
42. Paragraph 69 (3) is deleted.
Paragraph 4 shall become paragraph 3.
43. Paragraph 72 (2) is deleted and paragraph 1 is deleted.
44. In the first sentence of Paragraph 73 (2), the words "or, where appropriate, appropriate conditions for the participation of young people in joint interest, cultural education and sport events' are deleted.
45. In Paragraph 73, the following paragraph 3 is added:
"(3) In ensuring compulsory schooling of young people accused, the Prison Service authorities shall cooperate with the relevant schools and with the authorities of state administration and self-government. ';
46. In § 78, the words "(except for sanitary needs) 'are inserted after the word" needs'.
47. In Part Two, Title Three, including the title, read:
PERFORMANCE OF THE BUSINESS OF THE MOTHER OF NON-ELIGIBLE CHILDREN
(1) When deciding on permission to carry and take care of a minor child, the warden of the prison shall take into account whether the mother or other of her children has properly cared for the child before being taken into custody and whether she has enough own funds to be able to care for the child properly.
(2) A mother who has been allowed to carry and take care of her minor child takes care of the child all day. All-day care includes in particular care for his or her health and for his or her physical, emotional, rational and moral development, including food preparation, hygiene, washing, ironing, cleaning and active spending time with the child in the form of games appropriate to his or her age.
(3) The care of the child, which the mother takes care of in the prison, is normally provided by the Prison Service on the basis of a contract with the appropriate medical institution.
(4) The transfer of a mother who was allowed to carry and take care of her minor child (Section 28a (3) of the Act) to a prison in which a ward is set up for the mothers of minors is a particularly justified case within the meaning of Section 20 (2).
(5) The mother ensures all needs for the child from her own resources.
(6) Each mother has a child with her in a separate bedroom in which there is a bed for the child with mattress, changing table, wardrobe for children's underwear and cosmetics, pen and sink.
(7) In the event that a mother cannot take care of the child because of illness or for any other serious reason, the temporary care of the child shall be taken over by the warden of the designated staff member. The child is always examined by a pediatrician when passing him over.
(8) In the event of a mother staying outside a prison in which a ward is established for the mothers of minor children, child care shall be handled through a social protection body. '
The third head shall be renumbered the fourth head.
48. Paragraph 79a (1) is deleted and paragraph 2 is deleted.
49. In Paragraph 80 (2), the words "if this is not contrary to the purpose of the detention 'shall be added at the end of the sentence.
Efficacy
This Decree shall take effect on 1 July 2004.
Minister:
JUDr. Cermak v. r.
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Regulation Information
| Citation | Decree No. 377 / 2004 Coll., amending Decree No. 109 / 1994 Coll., issuing the Rules of Enforcement, as amended by Decree No. 292 / 2001 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.06.2004 |
|---|---|
| Effective from | 01.07.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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