Decree No. 425 / 2009 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 01.01.2010
Text versions:
01.01.2010
02.12.2009
425
DECLARATION
of 23 November 2009
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, pursuant to Article 33 (2) and (5) of Act No. 169 / 1999 Coll., on the execution of a custodial sentence and on the amendment of certain related acts, as amended by Act No. 52 / 2004 Coll., pursuant to § 152 (2) of Act No. 141 / 1961 Coll., on criminal proceedings (criminal order), as amended, and under Section 373 of Act No. 99 / 1963 Coll., Civil Code, as amended:
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 of the inmates of special educational establishments and on the reimbursement of other costs, as amended by Decree No 94 / 2001 Coll. and Decree No 135 / 2005 Coll., is hereby amended as follows:
1. in Paragraph 1 (2) (a), the words "or in an institution for children requiring immediate assistance, in which the child is placed on the basis of a decision of the court or of a request from the municipal authority of the municipality with extended scope," shall be inserted after the word "education."
2. In Paragraph 1 (3), "86 'is replaced by" 78'.
3. In Article 2 (2) (c), the words "or an establishment for children requiring immediate assistance, in which the child is placed on the basis of a decision of the court or of a request from the municipal authority of the municipality with extended scope, shall be inserted after the word" education, "'.
4. In Paragraph 3 (1), "40 'is replaced by" 32'.
5. In Paragraph 6 (1), "12 'is replaced by" 20'.
6. Paragraph 7 (4), including footnote 10a, reads as follows:
"(4) Upon completion of the obligation imposed pursuant to paragraph 3, the sentenced person may use a portion of the deposit in excess of CZK 2 000 to pay maintenance to the persons to whom he is obliged to provide maintenance, to pay the damage caused to the injured person, to support his family and to fulfil his obligations under § 4 (1) (c). A portion of the charge referred to in the first sentence may also be sent by the sentenced person to his relatives and other persons close to him and persons who regularly visit him or use him or her to buy food and personal goods or to donate it for charitable purposes. The part of the deposit fee, which exceeds 500 CZK, may also be used to cover health care not covered by public health insurance, to cover regulatory fees 10a) and to purchase the necessary medicinal products, food for special medical purposes and medical devices prescribed by the doctor.
10a) Act No. 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain related laws, as amended. '
7. Paragraph 8, including the title and footnote 11a, reads as follows:
Reimbursement of costs of execution in other cases
(1) A deduction of 40% of the pension or service allowance shall be applied to the costs of the execution of the sentence.
(2) From the money sent to the sentenced person and transferred to his prison-led account, the payment of the penalty costs shall be calculated at the rate of 40% of the sum of all amounts received for the previous month. The payment of the cost of the penalty from this money is not required if it does not reach CZK 100 per calendar month. Paragraph 1 shall be without prejudice to that provision.
(3) A convicted person who has refused to work or has not entered work for no reason shall be charged for the cost of the sentence of CZK 50 per day.
(4) The amount of payment of the costs of execution shall be determined on the basis of the net remuneration and other sources of income referred to in paragraphs 1 and 2. The amount thus determined may not exceed CZK 1,500 per calendar month, including the payment of the costs of the execution of the sentence provided for in paragraph 3.
(5) Deductions for the payment of the costs of execution shall not be made on the basis of an amount which has been sentenced to:
(a) credited to the account as social allowance,
(b) credited to the account as remuneration under Law 11a; or
(c) sent to his or her prison account solely for the purpose of paying his or her claims administered by the Prison Service, in particular for regulatory fees 10a), the purchase of essential medicinal products, food for special medical purposes and medical devices prescribed by the doctor, the payment of health care not covered by public health insurance, and used exclusively for those purposes.
11a) Sections 45 and 63 of Act No. 169 / 1999 Coll. '.
8. In Paragraph 10 (2), the word "insured 'is replaced by" insured'.
Efficacy
This Decree shall take effect on 1 January 2010.
Minister:
JUDr. Kovářová v. r.
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Regulation Information
| Citation | Decree No. 425 / 2009 Coll., amending Decree No. 10 / 2000 of the Ministry of Justice Coll., on deductions from the remuneration of persons employed in the execution 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 |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.12.2009 |
|---|---|
| Effective from | 01.01.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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