Act No. 460 / 2000 Coll.
Act amending Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended, and Act No. 186 / 1992 Coll., on the Service Ratio of Members of the Czech Police, as amended
Valid
Law
Effective from 01.01.2001
460
THE LAW
of 28 November 2000
amending Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended, and Act No. 186 / 1992 Coll., on the service relationship of members of the Police of the Czech Republic, as amended
Parliament has decided on this law 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. 169 / 1999 Coll. and Act No. 30 / 2000 Coll., is amended as follows:
1. In Paragraph 1 (1), the words "in the exercise and administration of the judiciary 'are replaced by the words" in the exercise of the judiciary and administration of the courts and in the activities of the prosecutors and the Ministry of Justice ("the Ministry') '.
2. Paragraph 1 (2), including footnote 1, reads:
"(2) The Directorate-General of the Prison Service, detention prisons and prisons, if they act in administrative proceedings, shall have the status of administrative offices. The prison service manages the property of the state it needs to perform its tasks (1) and is an entity.
1) Paragraph 9 (1) of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations. "
3. Paragraph 2, including the title and footnote 2, reads:
Tasks of the Prison Service
(1) Prison service
(a) manage and guard detention prisons and prisons, guard prisons for the local execution of the sentence and be responsible for compliance with the statutory conditions for the execution of the detention and execution of the prison sentence;
(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 non-conflict life after release;
(d) ensure tasks in preventing and detecting the criminal activities of persons in the exercise of their custody and in the execution of their prison sentence;
(e) carry out research in the field of penology and exploit its results and scientific knowledge in the exercise of custody and in the execution of prison sentences;
(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) ensure order and security in the buildings of courts and prosecutors and in other places of activity of courts and ministries and, to the extent provided for by this law, ensures the security of the exercise of jurisdiction of courts and prosecutors;
(h) keep records of persons in custody and the execution of a custodial sentence in the Czech Republic;
(i) conduct an economic activity for the purpose of employing persons in the execution of a custodial sentence and, where appropriate, persons in custody.
(2) Prison services carry out other tasks under specific legislation.2)
2) For example, § 16 of Act No. 169 / 1999 Coll., on the execution of the prison sentence and on the amendment of certain related laws, § 63 of Act No. 186 / 1992 Coll., on the service relationship of members of the Czech Police. '
4.
(1) The prison service is divided into prison guards, judicial guards and administrative services.
(2) The prison guard and the judicial guard shall have the status of an armed corps.
(3) 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 prisons for the local execution of the sentence, and shall ensure, in and at those places, the prescribed order and discipline.
(4) The judicial guard shall carry out the tasks referred to in Article 2 (1) (g).
(5) The administrative service shall act in administrative proceedings under specific legislation and shall provide organisational, economic, educational and other professional activities. Part of the administrative service is the health service. The administrative service shall be operated by civil servants and members.
(6) Members of the Prison Service (hereinafter referred to as "members") may be entrusted with the duties of the Prison Guard.
(7) Members included in the judicial guard may be temporarily called upon to perform the tasks of the prison guard at the places of detention or the execution of the 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 Minister of Justice of the Czech Republic ("the Minister ').'.
5. The following Section 3a is inserted after Section 3:
(1) The main elements of the Prison Services organisation are Directorates-General, detention prisons and prisons. Individual prisons and detention prisons shall be established and repealed by the Minister. They are headed by directors who are appointed and dismissed by the Director-General of the Prison Service ("the Director-General ').
(2) The Directorate-General for Prison Services manages, organises and controls the activities of other articles of the Prison Service organisation. "
6.
(1) The Minister shall direct the Prison Service through the Director-General, who shall be appointed and dismissed. The Director-General shall be responsible for the activities of the Prison Service to the Minister.
(2) The Director-General shall act on behalf of the State for the Prison Service. Managers of detention prisons, prisons and other organisational articles of the Prison Service shall be entitled to act and to take legal action for the Prison Service on all matters, except those under this Act or the decision of the Minister or Director General under their jurisdiction. '.
7. The following Section 4a is inserted after Section 4:
In the performance of the administration, the Ministry creates conditions for the Prison Service to carry out its activities properly, in particular by:
(a) determine the resources of the State Budget to the Prison Service under the budget of the Ministry chapter;
(b) carry out checks on compliance with obligations laid down by special legislation on the management of State property and on compliance with other legislation, unless it falls within the competence of another authority;
(c) establish, in the areas of defence and civil emergency planning, the protection of classified information, fire protection and safety and health at work, the sectoral concepts of activity in these areas and, to the extent necessary, carry out analytical and control activities;
(d) regulate and coordinate the performance of the judicial guards' service with technical and regime measures in courts, prosecutors and the Ministry;
(e) in the IT section, it shall analyse and propose concepts for the development of information technology, systems and computer networks. ';
8. in Article 7 (1) (c):
"(c) where there is a breach of order or a threat to security in the premises of the Prison Service, the prison for the local execution of a sentence, a court, a public prosecutor or a ministry, or in the demonstration and escort of persons in custody or in prison."
9. Paragraph 8 (1) reads as follows:
"(1) A member shall, as a general rule, perform the service in a service uniform with an identification number. A member serving in civil clothing shall be identified by an identification mark bearing the number. ';
10. Paragraph 8 (2) is deleted.
Paragraph 3 shall become paragraph 2.
11.
(1) When guarding objects, the member is entitled to identify persons entering or staying in the building, to examine their luggage and items and to examine means of transport at the entrance and exit. Where there is reason to believe that a person is carrying a weapon or other object which could interfere with the exercise of custody or the execution of a custodial sentence or security in the buildings of courts, prosecutors or ministries, or which he or she is wrongfully disposing of from a guarded object, a member may carry out his or her personal inspection and take away such a weapon or other thing. It may also take other measures necessary to ensure that items which could interfere with the exercise of custody or the execution of a custodial sentence or security in the buildings of courts, prosecutors or ministries are not brought into the premises.
(2) The officer referred to in paragraph 1 shall be entitled to establish the identity of the persons and to act against persons who are present in the immediate vicinity of the secure premises and who behave in a manner that distorts the exercise of custody or the execution of a custodial sentence or endangers the security of the secure premises. ';
12. in Paragraph 16 (1):
"(1) At the request or with the consent of the Minister, the authorities authorised under a special law and under the conditions laid down by that law shall use the means of search and operational technology in detention prisons, prisons or prisons for the local execution of the sentence against persons in custody or in the execution of the prison sentence. ';
13. In Article 17 (1), the words "in the places of enforcement or administration of the judiciary 'are replaced by the words" in the prison for the local execution of the sentence, in the buildings of the courts and other places of activity of the courts, the buildings of the prosecutors or the Ministry'.
14. in Paragraph 18 (1) (c), the words "or at escort" shall be inserted after the words "from the guarded object."
15. in Paragraph 18 (1), point (d) is deleted;
Points (e) and (f) shall be renumbered as points (d) and (e).
16. in Paragraph 19 (1):
"(1) In the course of service, there is no
(a) a pregnant woman, a person of age and a person with an apparent disability or a person clearly under 15 years of age to use punches and kicks of self-defense, handcuffs with a belt, lacerations, baton, service dog, water spray, impact explosions, gunfire, warning shot and firearms;
(b) to use a woman's service dog and firearms;
This shall not apply where the attack of such persons is a direct threat to the life or health of a national or another person, or there is more damage to property and danger cannot be averted otherwise, and in the cases referred to in Paragraph 18 (1) (c). ';
17.
(1) A member of the judicial guard's service has the duties and powers referred to in Title II, with the exception of those referred to in Sections 15 and 16. He shall be entitled to establish the identity of the persons to whom the action is directed when the documents are served by the court and the prosecutors and in carrying out further acts.
(2) A member of the judicial guard's service is also entitled to take other necessary measures to ensure order and security in the buildings of the courts, prosecutors and ministries, as well as in other places of activity of the court and ministry and the smooth and undisturbed conduct of the proceedings.
(3) In carrying out its duties, the judicial guards shall follow the instructions of the President of the Court, the Director of the Administrative Department of the Court, the President of the Chamber, the Head of the Prosecutor's Office, or any other authorised staff of the Court, the Prosecutor's Office or the Ministry.
(4) On instruction by the President of the Chamber, the judicial guard shall in particular:
(a) implement a decision on the recognition of specific persons from the courtroom or other place of activity of the court and on the removal of such premises;
(b) protect the official and other persons present in the courtroom or any other place of activity of the court from physical attacks;
(c) perform an order duty on entry into the Chamber where a decision has been taken to exclude the public or a measure has been taken against overcharging the Chamber;
(d) provide escort and protect against physical attacks by court staff and other persons present in the execution of decisions and other acts outside the court building.
(5) On the instruction of the other persons referred to in paragraph 3, the judicial guard shall in particular:
(a) prevents unauthorised persons from entering the designated premises in the places referred to in paragraph 2;
(b) ensure the carriage of valuables in the custody of the court or of the public prosecutor and the transport of higher amounts of money;
(c) ensure the service of documents by the court or the public prosecutor in the event that the President of the Chamber or the Prosecutor has ordered such service.
(6) Without the order of the authorised person referred to in paragraph 3, the judicial guard shall carry out the service only if the procedure cannot be delayed and the order of the authorised person cannot be achieved.
(7) If necessary, a member of the judicial guard service may notify the nearest department of the Police Department of the Czech Republic and request assistance. "
18. The following shall be inserted after the fourth head:
LEADING THE EVIDENCE OF PERSONS IN THE PERFORMANCE OF THE BUSINESS AND THE FREEDOM PRESENT
(1) The record of persons in custody and the execution of prison sentences in the Czech Republic contains:
(a) data taken from decisions of law enforcement authorities notified to the Prison Service;
(b) particulars enabling the identification of each person who is imprisoned;
(c) details of the conduct of the execution of the detention or prison sentence, including details of the exact location and time at which such person has carried out the detention or detention, an overview of the remuneration and disciplinary penalties imposed and of the results of the health examinations.
(2) The processing of personal data in the register referred to in paragraph 2 shall be subject to the following exceptions:
(a) there is no need for the consent of the person to whom the data relate to the processing of personal data in that register;
(b) The prison service shall not be obliged to inform the person to whom the data relate of the content of its records;
(c) the transfer of personal data from such records to other States, where this is done in the context of cooperation in criminal matters carried out under an established international agreement, which the Czech Republic is bound by, does not require prior consent from the Office for the Protection of Personal Data,
(d) personal data shall be kept in the register until the person to whom the data relate has completed or completed 80 years, but at least 10 years after the release of such person from custody or the execution of the prison sentence.
(3) Data from the records of persons in custody and the execution of a prison sentence are provided by the Prison Service
(a) law enforcement authorities;
(b) courts and prosecutors in the exercise of their further competence;
(c) administrative authorities and the Register of Penalties if they need them for their activities;
(d) to other persons, provided that they certify a legal interest in the provision of information and that a special law does not prevent its communication.
(4) To the extent necessary for the performance of tasks, the Prison Service shall be entitled to request information from the population records, including in a way that allows remote and continuous access. The competent registry administrator or processor shall comply with such request without undue delay.
(5) If the criminal prosecution in which the defendant was in custody has not ended with a final conviction, the Prison Service may continue to process and provide personal data of such a person in accordance with paragraphs 3 and 4 only with its consent.
ECONOMIC ACTIVITIES OF PRISON SERVICES
(1) The prison service may carry out an economic activity outside its principal activity for which it was established, provided that it carries out the tasks provided for by this law in its principal activity.
(2) The profit achieved by the economic activity is a non-budgetary resource that can be handled in the manner specified in the specific legislation. 6a) The financial management of this activity shall be kept separate from the management of the budget of the Prison Service in a special account for that purpose established by the current account. The scope and conditions of economic activity shall be determined by the Ministry by decree.
(3) Expenditure on economic activity must be fully covered by the revenue from that activity. A refundable financial assistance from the budget of the Ministry chapter will be provided for the launch of new economic activity under the conditions laid down in special legislation6b. The prison service shall settle the repayable financial assistance by the end of the calendar year following that in which it was provided.
(4) Furthermore, the profit achieved by the economic activity may be used to meet the needs of an investment and non-investment character in an economic activity.
6) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended by Act No. 227 / 2000 Coll.
6a) § 45 of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules).
6b) Act No. 218 / 2000 Coll. '.
The fifth head shall be referred to as the seventh.
19. In Paragraph 24 (2), the words "to be called upon by the police to carry out this task" shall be replaced by the words "Prison Service to request action by the police."
20. In Paragraph 25 (2), the words "jurisdiction of military courts and 'are deleted.
21. Paragraph 25 (3) reads as follows:
"(3) Paragraphs 5, 6 (1) and (2), 8, 11 (1), 12 (1) and 14 shall apply mutatis mutandis to civil servants of the Prison Service. Their employment is otherwise governed by the Labour Code. In exercising their powers, they shall enjoy the same protection as the members. ';
22. Paragraph 27 (1) is deleted and paragraph 2 is deleted.
This Law shall take effect on 1 January 2001.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 460 / 2000 Coll., amending Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended, and Act No. 186 / 1992 Coll., on the Service Ratio of Members of the Czech Police, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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