Decree No. 456 / 2009 Coll.
Ordinance on the control of the execution of house arrest
Valid
Order
Effective from 01.01.2010
456
DECLARATION
of 11 December 2009
on the control of the execution of house arrest
The Ministry of Justice, pursuant to Article 334h of Act No. 141 / 1961 Coll., on Criminal Procedure, provides for a judicial (criminal order), as amended by Act No. 306 / 2009 Coll.:
The subject matter of the check for the execution of the house arrest is:
(a) compliance with the conditions laid down for the execution of a house arrest;
(b) compliance with adequate restrictions, proportionate obligations or educational measures or supervision where they have been imposed at the same time as the punishment for house arrest; and
(c) the conduct of a proper life sentence for the duration of the sentence.
(1) At the place of execution of the house arrest, the staff member of the Probation and Mediation Service shall be accompanied by a service pass for Probation and Mediation.
(2) On request, the sentenced person shall prove his identity to the staff of the Probation and Mediation Service at any time during the execution of the house arrest.
The staff member of the Probation and Mediation Service shall, at the latest at the beginning of the sentence of house arrest, inform the sentenced and, where appropriate, the persons living with him in the common residence, of the restrictions associated with the control of the execution of the sentence and of his duties in the context of the cooperation which he has undertaken in writing.
(1) The cooperation of the sentenced person in the exercise of control over the sentence of house arrest consists in particular in enabling the presence of the sentenced person to be checked on the spot and the duration of the sentence by the staff member of the Probation and Mediation Service, including the entry of an official of the Probation and Mediation Service into the home of the sentenced person, and in cooperation with the judicial enforcement of the appropriate restriction, adequate obligations, educational measures, conditions of supervision and conduct of proper life.
(2) If the sentenced person is known not to be able to fulfil the conditions for the execution of the sentence of house arrest at a specified place and time, he shall immediately notify the staff of the Probation and Mediation Service.
(3) The sentenced person may, in the course of the execution of the sentence of house arrest, apply to the staff of the Probation and Mediation Service for assistance in dealing with situations related to the control of the execution of the sentence and affecting the execution of that sentence.
(1) The control of the execution of the sentence of house arrest by means of an electronic control system consists in particular of:
(a) the installation and dismantling of a technical facility which is part of an electronic control system (hereinafter referred to as "technical equipment") at the place of execution of the house arrest,
(b) installation and disinstallation of technical equipment on the body of the sentenced person;
(c) lessons learned by the defendant on the functioning of the electronic control system and on the inadmissibility of any interference with that system by the sentenced and other unauthorised persons;
(d) monitoring of the sentenced at the designated place for a specified period by the electronic control system;
(e) checking the availability and functionality of the electronic control system;
(f) records of recorded cases of absence of the sentenced at the place and time of execution of the house arrest.
(2) The cooperation of the convicted person in the execution of the control of a prison sentence ensured by an electronic control system also includes:
(a) to allow for the installation and disinstallation of technical equipment on the body of the sentenced and at the place of execution of the house arrest,
(b) to allow access to technical equipment for the purpose of its maintenance, repair, replacement, performance check and disassembly by staff of the Probation and Mediation Service or any other person providing the functionality of the electronic control system and enabling access to electronic energy distribution;
(c) the regular recharging of technical equipment and compliance with the conditions for its operation and its instructions; and
(d) the presence of a technical device on his body for 24 hours a day during the sentence of house arrest.
(3) Upon verification of the identity of the sentenced person, the technical equipment shall be installed on the body of the sentenced and at the place of execution of the house arrest by an agent of the Probation and Mediation Service or, in his presence, by another person ensuring the functionality of the electronic control system; those persons and the sentenced shall sign the transfer protocol for taking over the technical equipment, including the conditions for its operation.
The control of the execution of the house arrest warrant provided by the electronic control system shall not preclude the possibility of random checks carried out by the official of the Probation and Mediation Service at the place of enforcement.
This Decree shall take effect on 1 January 2010.
Minister:
JUDr. Kovářová v. r.
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Regulation Information
| Citation | Decree No. 456 / 2009 Coll., on the control of the execution of the house arrest warrant |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.2009 |
|---|---|
| Effective from | 01.01.2010 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Criminal law
Criminal law substantive
The regulation text is for informational purposes only.
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