Act No. 436 / 2003 Coll.
Act amending Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended, and some other laws
Valid
Law
Effective from 01.01.2004
436
THE LAW
of 3 December 2003
amending Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the Prison Service and the Judicial Guard of the Czech Republic
Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended by Act No. 293 / 1993 Coll., Act No. 169 / 1999 Coll., Act No. 30 / 2000 Coll., Act No. 460 / 2000 Coll., Act No. 309 / 2002 Coll. and Act No. 362 / 2003 Coll., is amended as follows:
1. Paragraph 1 (2) reads as follows:
"(2) The prison service is an armed security corps. It shall be managed by the Director-General of the Prison Service (hereinafter referred to as the Director-General), appointed and dismissed by the Minister of Justice (hereinafter referred to as the Minister). The Director-General shall be responsible to the Minister for Prison Service. ';
2. In Article 1, paragraphs 3 to 5 are added:
"(3) The prison service is the administrative office and accounting unit 1)
(4) The organizational units of the Prison Service are the Directorate General, detention prisons, prisons and Institute of Education. The Directorate-General shall ensure that the joint tasks of the other organisational units are carried out, which shall be managed and controlled by methodology. The heads of detention prisons, prisons and the Institute of Education are the directors appointed and dismissed by the Director General.
(5) The prison service operates in the territory of the Czech Republic, unless it provides for specific legislation or a declaration of international agreement, for which Parliament has given its consent and to which the Czech Republic is bound, otherwise. "
(3) Sections 2 and 3, including the headings and footnotes 2) and 3) read:
Tasks of the Prison Service
(1) Prison service
(a) manages and guards detention prisons and prisons and is responsible for compliance with statutory conditions for the exercise of custody and for the execution of prison sentences;
(b) to guard, demonstrate and escort persons in custody and in the execution of a prison sentence;
(c) by means of the treatment programmes, it shall continuously act on persons in the execution of a custodial sentence and, mutatis mutandis, on certain groups of persons in custody in order to create the conditions for their proper life after release;
(d) conduct research into penology and exploit its results and scientific knowledge in the exercise of custody and in the execution of prison sentences;
(e) ensure order and security in the buildings of courts, prosecutors and ministries and in other places of their activities and, to the extent provided for by this law, ensure order and security in the exercise of the jurisdiction of courts and prosecutors;
(f) establish conditions for the work and other effective activities of persons in the exercise of their custody and in the execution of their prison sentence;
(g) conduct an economic activity for the purpose of employing persons in the execution of a custodial sentence and, where appropriate, persons in custody;
(h) keep records of persons in custody and in the execution of a prison sentence in the Czech Republic;
(i) carry out the tasks assigned to it by the declared international treaties for which Parliament has given its assent and which bind the Czech Republic;
j) ensure the training of members of the Prison Service (hereinafter referred to as "members") and civil servants of the Prison Service, carried out by the Institute of Education, and the training of persons in the exercise of their custody and in the execution of the custodial sentence, carried out by the Central Vocational Training Centre, the Training Centre and the Vocational Training Centre of the Prison Service,
(k) provide medical care to persons in custody, persons in jail, members and civil servants of the Prison Service; provide specialised health care, where necessary, in non-prison medical facilities;
(l) examines the criminal activities of members of the prison service by its own delegated authorities2) (hereinafter referred to as the "entrusted authorities"); In cooperation with the Czech Police, he is involved in the prevention and detection of the criminal activities of persons in the exercise of custody and in the execution of prison sentences.
(2) The prison service also performs other tasks under specific legislation.3)
Organisation and management of Prison services
(1) The tasks set out in Section 2 are carried out by the prison guard, the judicial guard, the administrative service, the Institute of Education and the competent authorities of the Prison Service.
(2) The prison guard shall guard, demonstrate and escort persons in the exercise of their custody and in the execution of their prison sentence, shall guard detention prisons, prisons, and, if called upon to carry out the duties of the judicial guards, shall guard judicial buildings, prosecutors and ministries in accordance with paragraph 5. In doing so, it ensures a defined order and discipline.
(3) The Judicial Guard shall ensure order and security in the buildings of the courts, prosecutors and ministries and elsewhere in their activities. When a judicial guard is temporarily called upon to perform the tasks of the prison guard, he shall guard detention prisons and prisons, he shall demonstrate and escort persons in custody and in the execution of the prison sentence. In doing so, it ensures a defined order and discipline.
(4) Members included in the prison guard may be temporarily called upon to perform the duties of the judicial guard only in exceptional cases, in particular where the judicial guard cannot, by his own means, provide for the performance of the service, only with the consent of the Director General.
(5) Members included in the judicial guard may be temporarily called upon to carry out the tasks of the prison guard at the places of detention or prison sentence only in exceptional cases where the prison guard cannot provide order and security in those places by his own means, only with the consent of the Director General.
(6) The administrative service shall act in administrative proceedings under specific legislation and shall provide organisational, economic, educational, educational, health and other professional activities.
(7) Members of the administrative service may be temporarily entrusted with the duties of the prison guard by decision of the warden if the prison guard cannot carry out the duties assigned to him by himself.
(8) The competent authorities of the Prison Service have the status of a police authority in criminal proceedings involving members; (2) they are also entitled to use operational means of search in support under this law.
2) Paragraph 12 (2) of the Criminal Code.
3) For example, Sections 16 and 20 of Act No. 169 / 1999 Coll., on the execution of a prison sentence and on the amendment of certain related laws, as amended, Section 15 of Act No. 293 / 1993 Coll., on the exercise of custody, as amended, Section 63 of Act No. 186 / 1992 Coll., on the service relationship of members of the Police of the Czech Republic, as amended, Section 9 of Act No. 240 / 2000 Coll., on crisis management and on the amendment of certain laws (Crisis Act), as amended. "
4. Article 3a shall be deleted;
5. Paragraph 4 (1) is deleted and paragraph 2 is deleted.
6. In Section 4, the word "articles' is replaced by" units'.
7. The following Section 4b is inserted after Section 4a:
The Ministry shall check compliance with the legislation and internal rules governing the obligations of members and civil servants of the Prison Service in respect of the treatment of accused and convicted persons. ';
8. In Article 6 (3), at the end of the text in point (b), the words "shall be added; before a request, the member shall use the words" on behalf of the law. "'
9. In Article 8, the sentence "The oral declaration" of the Prison Service "shall be added at the end of paragraph 2 to show that the member is competent in exceptional cases where the circumstances of the service do not permit proof of jurisdiction in the manner laid down."
10. In Article 8, the following paragraph 3 is added:
"(3) The Ministry shall determine by decree the details of the evidence of belonging to the Prison Service."
11. In Article 11, the sentence "Only a doctor or professional health professional shall carry out blood collection at the request of a national shall be added at the end of paragraph 2."
12. in footnote 5, the words "§ 20 paragraph 3 and § 21c of Act No. 59 / 1965 Coll., as amended," shall be replaced by "§ 48 and 50 of Act No. 169 / 1999 Coll."
13. in Paragraph 13 (2):
"(2) The officer referred to in paragraph 1 shall be entitled to establish the identity of the persons and to intervene against persons who are present in the immediate vicinity of the secure premises where:
(a) there is a reasonable concern that such persons will interfere with the exercise of custody or the execution of a custodial sentence or threaten the security of the protected object; or
(b) such persons shall behave in a manner which distorts the exercise of custody or the execution of a custodial sentence or endangers the security of the secure premises. ";
14. Articles 15 and 16, including the headings and footnotes No 5a) read:
Pursuit and search for fleeing persons
A member shall, unless otherwise important circumstances prevent him from doing so, immediately pursue a person fleeing the custody or execution of a custodial sentence and taking the necessary and urgent measures to detain him. The Prisoner Service will immediately inform the Police of the Czech Republic about the fleeing person.
Operational means of search, support means of search and conditions of use
Operational means of search and support operationally means of search shall be used by the authorities authorised under specific legislation in the prison services premises at the request of the Minister or with his consent. (a)
(a) Paragraph 158b of the Code of Criminal Procedure. Section 23a of Act No. 283 / 1991 Coll. '
15. The following Sections 16a to 16c are inserted after Section 16:
Authorised authorities Prison services use operational means of search for support under the conditions laid down by this law in the Prison Service premises to prevent and detect crime.
(1) For the purposes of this Act, means of operational support shall be:
(a) safety equipment;
(b) specific funds.
(2) Security equipment means the technical means, equipment and its files used to prevent or prevent threats to the life and health of persons or to ensure the protection of property and the search for radio-communication techniques in detention and detention facilities and to prevent unauthorised communication of persons in the exercise of their custody and in the execution of a prison sentence. The use of security technology shall not interfere with the constitutional rights and freedoms guaranteed.
(3) Specific funds are earmarked funds used to cover certain expenditure related to the use of security equipment. They must be treated economically and in accordance with their purpose. The management of specific funds shall not be subject to specific legislation governing the management of State funds.
Operational means of search and support operational means of search may be used only in accordance with the purpose of exercising custody and the execution of a custodial sentence and may not restrict the rights of other persons, in particular persons in custody and in the execution of a custodial sentence, to the extent strictly necessary. They shall not be used in contact between a person in custody or in the execution of a custodial sentence and his / her lawyer. ';
16. in Article 17 (2), the following point (j) is inserted after point (i):
"(j) expansion weapons,"
Points (j) to (l) shall be renumbered as points (k) to (m).
17. In Paragraph 17 (5), the first sentence is replaced by the following: "If, in view of the previous conduct of the accused or convicted person, there is a reasonable concern that he may behave in a violent manner, the enforcement measures referred to in paragraph 2 (b), (c) or (e) may be used in its demonstration without fulfilling the conditions laid down in paragraph 1."
18. in Paragraph 18, the following paragraph 3 is inserted after paragraph 2:
"(3) Before using a firearm in the cases referred to in paragraph 1 (a) to (d), a member shall be required to invite the person against whom he acts to refrain from the infringement to alert the use of firearms. A member may refrain from a warning call only if his or her life or health or the life or health of another person is at risk and he or she cannot tolerate the delay. ';
Paragraph 3 shall become paragraph 4.
19. In Article 20, the words "and 5 'shall be added at the end of paragraph 3.
20. In the first sentence of Paragraph 21, the words "competent superior 'are replaced by" master of the procedure'.
21. in Paragraph 22 (3), the words "the judicial guard shall be governed" shall be replaced by the words "the judicial guard shall be subordinate to the competent director of the detention or prison prison and shall be governed."
22. in Paragraph 22 (4), the comma shall be replaced by a dot at the end of point (c) and point (d) shall be deleted;
23. In Paragraph 22, at the end of paragraph 5, the dot is replaced by a comma and the following point (d) is added:
"(d) to accompany and protect the staff of the Court and the Prosecutor's Office in their operations outside the Court or the Prosecutor's Office."
24. In Paragraph 22, the following paragraph 7 is inserted after paragraph 6:
"(7) The judicial guard shall provide the protection of witnesses whose identity and form are to be kept secret in the buildings of the courts, prosecutors or other places of activity of the courts or prosecutors, as instructed by the President of the Chamber or by the Head of the Prosecutor. ';
Paragraph 7 shall become paragraph 8.
25. in Article 23 (5), the words "or a national" shall be deleted and the words "theirs" shall be replaced by the words "hers";
26. In Article 23, at the end of paragraph 5, the words "or it intentionally caused the damage itself 'shall be added.
27. after Article 24, the following paragraphs 24a and 24b are inserted:
(1) Members may be called upon by the Government to perform the duties of the Order Police or Protection Service of the Police of the Czech Republic if the forces and means of the Police of the Czech Republic are not sufficient to ensure internal order and security for a period of time strictly necessary.
(2) In carrying out the tasks referred to in paragraph 1, members of the Police of the Czech Republic shall have the privileges and obligations under a special legislation. (c)
(1) The prison service uses a special colour design and marking of service vehicles.
(2) The methods of external identification of members, the special colour and the marking of service vehicles in the Prison Service shall be laid down by the Ministry by decree.
6c) Act No. 283 / 1991 Coll., as amended. '
28. after § 24b, the following § 24c is inserted:
(1) The Director-General and his / her Deputy Director are entitled to use a service vehicle for the performance of their duties or in connection with it and to ensure that they are immediately accessible.
(2) The Director-General may authorise the use of a service vehicle to travel from a place of permanent or other residence to and from a service in connection with the performance of duties in crisis personnel, security councils, on a duty-by-duty basis, in respect of a service above the basic period of service in a calendar week, on return from a duty trip outside the period of service and in other cases where this requires an important interest in the service.
(3) The Director-General may authorise the use of a service vehicle to a member or civil servant of the Prison Service to travel from his place of permanent or other residence and return, if this is required to deal with crisis situations. 6d)
6d) § 2 of Act No. 240 / 2000 Coll. '.
29. in Paragraph 25 (3):
"(3) Paragraphs 5, 6 (1) and (2), 8, 9 (1), 11 (1), 12 (1), 14 and 23 shall apply mutatis mutandis to civil servants of the Prison Service. Their working relationships shall be governed by the Labour Code unless it is governed by a specific legislation. 7a) '.
Amendment of the Road Traffic Act and amendments to certain laws
Act No. 361 / 2000 Coll., on road traffic and on amendments to certain laws, as amended by Act No. 60 / 2001 Coll., Act No. 478 / 2001 Coll., Act No. 62 / 2002 Coll., Act No. 311 / 2002 Coll. and Act No. 320 / 2002 Coll., is amended as follows:
1. in Paragraph 10 (2), including footnotes 12 to 14c, the following text shall be added:
"(2) The vehicle operator shall ensure that the colour and marking of the vehicle are not confused with the special colour of the military police vehicles under the special legislation, 12) the police under the special legislation, 13) the customs administration under the special legislation, 14) the municipal police under the special legislation, 14a) the prison services of the Czech Republic (the" Prison Service ') under the special legislation 14b) and the vehicles of the fire protection units under the special legislation. 14c)
12) Decree No. 58 / 1996 Coll., which provides for the external marking and registration of a military police officer and the colour and marking of means of transport of the Military Police.
13) Decree No. 25 / 1998 Coll., on the external designation of the police and the demonstration of belonging to the police, as amended by Decree No. 246 / 2002 Coll.
14) Decree No 197 / 2001 Coll., on the method of external marking and customs signs, models of service uniforms and special colour and marking of service vehicles of the customs administration, as amended by Decree No. 246 / 2002 Coll.
14a) Decree No. 88 / 1996 Coll., implementing the Law on Municipal Police.
14b) § 24b of Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended by Act No. 436 / 2003 Coll.
14c) Decree No. 247 / 2001 Coll., on the organisation and operation of fire protection units. '
2. In Paragraph 41 (2) (b), the words "the Czech Republic 'are deleted.
Amendment to Act No. 310 / 2002 Coll.
In Article IX of Act No. 310 / 2002 Coll., amending Act No. 148 / 1998 Coll., on the Protection of classified information and on the Protection of Certain Laws, as amended, Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Laws, as amended, Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionising Radiation (Atomic Act) and on the Amendment of Certain Laws, as amended, Act No. 38 / 1994 Coll., as amended, Act No. 40 / 1961 Coll., as amended, Act No. 283 / 1993 Coll.
EFFECTIVE
This Law shall take effect on the first day of the calendar month following its publication, with the exception of Parts Five and Six which shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 436 / 2003 Coll., amending Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.12.2003 |
|---|---|
| Effective from | 01.01.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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