Decree No. 378 / 2004 Coll.
Decree amending Decree No 345 / 1999 Coll., which gives the order for the execution of the prison sentence
Valid
Order
Effective from 01.07.2004
Text versions:
01.07.2004
24.06.2004
378
DECLARATION
of 14 June 2004
amending Decree No 345 / 1999 Coll., laying down the rules for the execution of prison sentences
The Ministry of Justice provides pursuant to Section 81 of Act No. 169 / 1999 Coll., on the execution of a custodial sentence and on the amendment of certain related laws, as amended, hereinafter referred to as "the Act":
Decree No 345 / 1999 Coll., laying down the rules for the execution of the sentence of imprisonment, is hereby amended as follows:
1. In Paragraph 2 (1), the words "and approved 'and" is entitled to provide spiritual service to the condemned and' is deleted and a comma is inserted after the word 'society'.
2. In Article 4 (2), the words "items needed to conduct ordinary correspondence, hand-held coffee grinder 'and the words" enamelled or porcelain' shall be deleted.
3. In the first sentence of Article 4 (3), the words "for which there is space and part of the receiver shall be inserted after the word" resources. "
4. In Article 4, at the end of paragraph 3, the sentence "In the event of a breach of a seal documenting the integrity of the radio must not be used by the convicted radio until it allows the prison to ensure control at its expense."
5. In Article 5, the words "a curator for youth or a social curator 'are replaced by the words" a social protection body for children or a coordinator of care for citizens who are socially unadjusted'.
6. In Article 6 (1), the second sentence is deleted.
7. In Article 8, at the end of paragraph 3, the sentence "In a department with enhanced construction and technical security, a convicted person who has, in the last five years, escaped from custody or sentence, a convicted person who has been prosecuted for a particularly serious offence committed during the execution of the detention or execution of the sentence, and a sentenced person who is required by exceptional circumstances, for example if there is a serious threat of security on his part in the event of a successful escape, the terrorism of co-convictions, the threats of personnel and his families."
8. in Article 9 (1) (a):
"(a) at the request of a police authority approved by the Director of the competent department of the Police or the Director of the Office of the Criminal Police Service and the Investigation of the Police Presidium of the Czech Republic,"
9. In Paragraph 13 (3), the words "to the social curator 'are replaced by the words" to the coordinator of care for citizens not socially adapted'.
10. In Paragraph 16 (2), the words "if 'are replaced by the words" if' and the words "allow 'are deleted.
11. in Article 17 (4), the words "and other accommodation areas" shall be inserted after the words "bedrooms."
12. in Article 17 (5), the word "at least" shall be inserted after the word "cell space."
13. In Article 17, paragraph 6 is added:
"(6) The accommodation room intended for multiple accommodation must be at least 4 m2 per sentenced person. Cells or bedrooms with an accommodation area of less than 6 m2 cannot be used for accommodation of the condemned. The place of the sentenced person in a more than 4 m2 accommodation room shall be allowed only if the total number of sentenced persons serving a sentence in prisons of the same basic type within the Republic exceeds the prison capacity laid down to accommodate at least 4 m2 per sentenced person. '
14. In Article 17, the following paragraph 7 is added:
"(7) Single-storey beds can only be used if a distance of at least 80 cm is maintained between the bed surfaces of the lower and upper beds and at least 7 m3 of air per condemned person. The upper bed shall be provided with a powder-free support. '
15. In Paragraph 18 (3) (a), a comma is inserted after the word "services," and at the end of the text the words "and in the output department in the out-of-work period at their discretion."
16. In Article 23, the following paragraph 6 is added:
"(6) The convicted non-smoker shall, at his own request, be placed separately from the convicted smokers. '
17. In Article 24 (2), the fourth sentence is replaced by the sentence "Correspondence in the Czech language and foreign-language correspondence which can be checked by the prison by its own means and which does not give rise to suspicion that a criminal offence is being prepared or committed shall be sent without delay, no later than the following working day."
18. In Article 24 (3), the words "and foreign-language correspondence which the prison may examine by its own means" shall be inserted after the words "in the Czech language."
19. In Article 24, the following paragraph 4 is inserted after paragraph 3:
"(4) In the case of foreign-language correspondence not referred to in paragraphs 2 and 3 of the prison without delay, it shall take the necessary measures to carry out the inspection and to deliver it promptly, while ensuring that the secrets of the reports contained in the correspondence are preserved. ';
Paragraphs 4 to 7 shall be renumbered paragraphs 5 to 8.
20. In Paragraph 24 (8), the words "daily newspapers and magazines' are replaced by the words" daily newspapers, magazines and items needed to conduct ordinary correspondence '.
21. in Article 25 (1), the words "telephone numbers" are replaced by the words "use the telephone."
22. In Paragraph 25, at the end of paragraph 2, the sentence "All requests for telephone calls shall be entered in his personal file."
23. in Article 25 (5), the word "authorised" shall be inserted after the word "all."
24. Paragraph 26 (2) is deleted.
Paragraphs 3 to 6 shall become paragraphs 2 to 5.
25. In Paragraph 26 (3), the words "soldier of the basic service also after presentation of the military book" shall be deleted.
26. In the first sentence of Paragraph 29 (1), the words "daily newspapers and magazines' are replaced by the words" daily newspapers, magazines and items needed to conduct ordinary correspondence 'and the words "daily newspapers and magazines' are replaced by the words" daily newspapers, magazines and items needed to conduct ordinary correspondence '.
27. At the end of § 30, the sentence "In case of electrical appliances with a power of more than 100 W, the warden of the prison shall conclude a written agreement with the sentenced to pay a flat-rate compensation for electricity consumption."
28. In Paragraph 31 (1), the words "at least once 'are replaced by the words" usually twice'.
29. In Article 33 (1), the word "drugs" shall be replaced by the words "mobile telecommunications technology, telecommunications and radiocommunications technology, recording and computing equipment and its components, addictive substances including plants or chemicals for their preparation, poisons, explosive or pyrotechnic substances, explosive articles, explosive explosive systems" and the words "sender" shall be inserted after the word "sender" if the content of the package or unsubmitted part of the package does not give rise to a suspicion of an infringement or other administrative offence, a package or a non-transmitted part of the package, together with a notification to the police or other competent authority, is added to the statement of the content of the package or its unsubmitted part of the suspected of a criminal offence, or other administrative action, or of a criminal offence, the package, or of the package, or of the package, or its untransmitted thereof, together with a notification to the police or other competent authority;
30. In Paragraph 34 (7), the words "or authorised official of the municipal or regional authority (2) 'shall be inserted after the word" notary'.
footnote 2:
"(2) Paragraph 1 (3) of Act No. 41 / 1993 Coll., on the verification of the conformity of copies or copies with the instrument and on the authenticity of the signature by the district and municipal authorities and on the issuing of certificates by the municipal and district authorities, as amended by Act No. 15 / 1997 Coll. and Act No. 320 / 2002 Coll."
31. in Paragraph 36 (4), the dot is replaced by a comma at the end of point (b) and the following point (c) is added:
"(c) education in correspondence courses and in the network of primary, secondary, higher professional or higher education institutions of the Czech Republic."
32. in Paragraph 38 (2), the words "and in the exit departments of the guards and with increased security" shall be added at the end of the text in point (b).
33. In Paragraph 39, paragraphs 6 to 10 are added:
"(6) The first transitory group of internal differentiation shall include convictions which primarily actively fulfil the treatment programme and their other obligations and behave and act in accordance with the internal rules.
(7) The second transitory group of internal differentiation shall include convictions with an unresolved and fluctuating attitude and access to the treatment programme and its obligations.
(8) The third transitory group of internal differentiation shall include convictions which primarily:
(a) the treatment programme fails or is rejected;
(b) fails to fulfil its obligations;
(c) behave and act in breach of the internal rules.
(9) The transitory groups of internal differentiation form a comprehensive system of positive motivation for the condemned. The internal rules shall lay down more detailed conditions for internal differentiation so that, during the execution of the sentence, the sentenced can be gradually assigned to each group on the basis of changes in the approach, implementation of the programme of treatment, compliance with obligations and behaviour and conduct in accordance with the internal rules.
(10) The director of the prison or his representative shall decide on the inclusion and change of the sentenced to the permeable group of internal differentiation on the basis of recommendations from professional staff (§ 8 (1)), as a rule in the assessment of the treatment programme (§ 38 (1) (2)). '
34. In Article 53 (6), the words "and the sentenced persons located in the exit department 'shall be inserted after the words" 4' and the words "with which 'shall be replaced'.
35. In Article 53, the sentence "In connection with the visit to the sentenced persons referred to in paragraph 6, the warden may be authorised to leave the prison temporarily once every two months for a maximum period of 24 hours; a certificate shall be issued to the sentenced person on a prescribed form showing where and for what period he may stay. ';
36. In the third sentence of Paragraph 58 (2), the words "disciplinary action and 'shall be inserted after the words" alert for'.
37. in Article 62 (5), the words "the financial report in whose district the prison is" shall be replaced by the words "the competent office of the Office for the Representation of the State in matters of property (3), save as otherwise provided in specific legislation."
Footnote 3:
"3) § 11 of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended by Act No. 202 / 2002 Coll., Act No. 354 / 2003 Coll. and Act No. 41 / 2004 Coll."
38. In Article 63 (2), the words "the periods laid down for" shall be inserted after the words "the exception."
39. In Article 63 (3), the words "the periods laid down for" shall be inserted after the words "the exception."
40. In Article 66 (1), the words "the periods laid down for" shall be inserted after the words "the exception."
41. in Article 69 (4), the word "seizure" shall be replaced by the word "prevent" and the words "financial report of the district office in whose district the prison is situated" shall be replaced by the words "competent workplace of the State Representation Office (3), save as otherwise provided in specific legislation."
Article 42 (71) is deleted;
43.Paragraph 72 (4) and (5) are deleted.
44. In Part Two of the Title, the third heading reads: "FREEDOM WITHDRAWAL OF THE TREST MEASURES FOR YOUNG '.
45. in Paragraph 82 (1), the words' the execution of a sentence 'shall be replaced by' the execution of a criminal measure 'and the words' the offence committed 'shall be replaced by the words' the offence committed ';
46. In Paragraph 83 (1), the words "criminal offence 'are replaced by the words" wrongdoing'.
47. in Paragraph 83 (4), the words' enforcement 'are replaced by' enforcement of a criminal measure ';
48. In Paragraph 84 (1), the words "criminal offence and execution 'are replaced by the words" wrongdoing and execution of criminal measures'.
49. In Paragraph 85 (2), the words "enforcement 'are replaced by the words" enforcement'.
50. In Section 88, the heading reads: "Suspension of the execution of a criminal measure '; the words" enforcement' are replaced by the words "enforcement ';
51. Paragraph 91 (1) reads as follows:
"(1) In deciding to allow the child to be carried and to take care of the minor, the warden shall take account of the fact that the mother or any other of her children, before being sentenced, has properly cared for whether she has enough own funds to be able to take care of the child properly and whether she has the opportunity to take care of the child after being released from prison. '
52. in Paragraph 91 (2), the word "Medical" is replaced by the word "Medical."
53. In Paragraph 91, the following paragraph 2 is inserted after paragraph 1:
"(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 a child in the form of walks, games, art, music and sports activities corresponding to the child's age. '
Paragraph 2 shall become paragraph 3.
54. In Paragraph 91, paragraphs 4 to 10 are added:
"(4) Mothers who have been allowed to carry their children and take care of their children in the exercise of their sentence may wear appropriate clothing and footwear at their discretion.
(5) For mothers who have been allowed to carry out the sentence and to take care of their children, action outside the prison may also be organised, unless the actions are solely for the convicted persons who may be authorised to leave the prison temporarily in connection with the visit; They are always attended by a Prison Service employee.
(6) The basis of the treatment program processed according to § 36 is the full day care of the mother.
(7) The mother ensures all needs for the child from her own resources.
(8) 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.
(9) In the event that the 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 director of the prison designated by the staff member. The child is always examined by a pediatrician when passing him over.
(10) 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. '
55. in Paragraph 93 (2) (b), the words "following the advice of the treating physician" shall be inserted after the word "state."
56. In Section 95, the words "in the specialised departments of prisons set up by the Director-General of the Prison Service 'are replaced by the words" in the department with reinforced construction and technical security (Section 8 (3))'.
57. in Paragraph 96 (1), the words "life sentence" are deleted.
58. in Paragraph 96 (2):
"(2) Convicts usually work in workplaces within the department with enhanced construction technical security. '
(59) In Paragraph 96 (3), the words "justified" are replaced by the words "particularly justified."
60. In Paragraph 97, the words "so that" and "visitors are separated from the sentenced by a transparent bulkhead 'are deleted.
Efficacy
This Decree shall take effect on 1 July 2004.
Minister:
JUDr. Cermak v. r.
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Regulation Information
| Citation | Decree No. 378 / 2004 Coll., amending Decree No. 345 / 1999 Coll., issuing the order for the execution of the prison sentence |
|---|---|
| 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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