Act No. 52 / 2004 Coll.
Act amending Act No. 169 / 1999 Coll., on the execution of a prison sentence and amending certain related laws, as amended, and certain other laws
Valid
Effective from 01.07.2004
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52
THE LAW
of 14 January 2004
amending Act No 169 / 1999 Coll., on the execution of a prison sentence and amending certain related laws, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the law on the execution of prison sentences and amending certain related laws
Act No. 169 / 1999 Coll., on the execution of a custodial sentence and amending certain related laws, as amended by Act No. 359 / 1999 Coll., Act No. 3 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 218 / 2003 Coll., are amended as follows:
1. In the first sentence of Paragraph 4, the word "generally 'is deleted.
2. in Paragraph 5 (3), including footnote (3b):
"(3) Penal measures in respect of minors, 3b., which have not exceeded 19 years of age, shall be carried out separately from the other sentenced, in prisons or special wards for minors with internal differentiation.
3b) § 2 (d) of Act No. 218 / 2003 Coll., on the Responsibility of Youth for Illegal Acts and on Judicial Affairs in Youth Matters and on the Amendment of Certain Laws (Law on Judicial Matters in Youth Matters). '.
3. In Article 7, at the end of point (e), comma is replaced by "a 'and point (f) is deleted.
Point (g) shall be renumbered as point (f).
4. In Article 16, the following paragraphs 7 and 8 are inserted after paragraph 6:
"(7) To a convicted person who is not assigned to work, the prison provides social allowance in the event that he did not refuse work without a serious reason and had no other income or other cash in the period of one calendar month of at least CZK 100.
(8) The amount of the social allowance referred to in paragraph 7 is CZK 100 per period of one calendar month. "
Paragraph 7 shall become paragraph 9.
5. Paragraph 18 (4) reads as follows:
"(4) If no phone calls are made to a person referred to in § 17 (3) or 61 (9), the Prison Service shall be entitled to make contact with and record the calls referred to in paragraphs 1 and 2. ';
6. In Article 19 (1), the word "to 'is deleted.
7. In Article 19 (5), the words "in exceptional cases' are deleted.
8. In Article 19, the following paragraph 6 is inserted after paragraph 5:
"(6) In justified cases, the warden may decide that, for security reasons, the visit shall take place in a room where the visitor is separated from the sentenced by a bulkhead. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
9. in Paragraph 20 (1), footnote 8 is deleted;
(10) Paragraph 20 (3), including footnote 8, reads as follows:
"(3) Only those registered churches and religious societies which have been granted the right to exercise that right under special legislation (8) (hereinafter referred to as" the Church ') shall be entitled to perform spiritual service in places where the prison sentence is carried out.
8) Act No. 3 / 2002 Coll., on Freedom of Religious Religion and the Status of Churches and Religious Companies and on the Amendment of Certain Laws (Act on Churches and Religious Societies), as amended by the Constitutional Court found in No. 4 / 2003 Coll. '
11. In Paragraph 20, the following paragraphs 4 to 8 are inserted after paragraph 3:
"(4) The Church may participate in fulfilling the purpose of the sentence by providing spiritual services in particular:
(a) the conduct of religious services for candidates from among the convicted persons;
(b) individual interviews, pastoral visits and by allowing individual access to religious acts;
(c) conducting studies to interpret religious texts;
d) by providing spiritual and religious literature and singers,
(e) organising lectures and meetings, in particular with ethical topics or concerts of musical groups and individuals;
(f) in preparation for their release,
(g) other appropriate forms contributing to the purpose of the sentence.
(5) The prison shall inform the sentenced of the provision of spiritual service in the internal rules of the prison or in any other appropriate way.
(6) The condemned must not be forced to participate in services and other ceremonies or to speak to persons in charge of churches. If the sentenced person requests to allow a visit to the churches of the authorised person, the prison shall notify him immediately.
(7) The administration of the prison will inform the Church of the entrusted person of the obligation to comply with the law on the execution of the sentence and the internal rules of the prison.
(8) The prison shall be entitled to deny the possibility of carrying out spiritual service to persons who have committed a breach of the obligations arising from the law on the execution of the sentence or the internal order of the prison. '.
Paragraph 4 shall become paragraph 9.
12. Paragraph 25 (4) reads as follows:
"(4) If the sentenced person does not pay the prescribed damage caused by the criminal offence for which he is subject to the execution of the sentence, the criminal proceedings, the judicial and administrative fees and the damage caused to the Prison Service during the execution of the sentence, he may use only half the funds referred to in paragraph 1, first sentence, to pay the excess medical care and purchase referred to in Paragraph 23. The remaining part of such funds may be used only to cover claims under the first sentence. ';
13. in Article 28 (2), the following point (i) is inserted after point (h):
"(i) notify the prison without delay of the fact that it is the recipient of the pension, the service allowance, or has income subject to income tax,";
Points (i) and (j) shall be renumbered as points (j) and (k).
14. in Paragraph 28 (3), the following point (c) is inserted after point (b):
'(c) to retain and disseminate printed matter or material promoting national, ethnic, racial, religious or social intolerance, fascism and similar movements aimed at suppressing human rights and freedoms, violence and rudeness, as well as printed matter or materials containing a description of the manufacture and use of addictive substances, poisons, explosives, weapons and ammunition,';
Points (c) to (f) shall be renumbered (d) to (g).
15. In the first sentence of Article 33 (5), the words' to support their family or to fulfil their obligations' shall be deleted.
16. In Paragraph 35, at the end of paragraph 1, the sentence "The amount of the costs of the execution of the sentence and the details of its reimbursement shall be laid down by the Ministry by decree."
17. in § 35, paragraphs 2 to 5, including footnote 14, read:
"(2) A sentenced person shall be exempt from the obligation referred to in paragraph 1:
(a) which has not been assigned to work without fault and has no other income or other cash during the calendar month;
(b) which has not completed the 18th year of age,
(c) during the period of provision of constitutional (hospital) care, provided that he is insured under a special legislation, 14) except in the cases referred to in Paragraph 36 (1);
(d) during the period of inclusion in an educational or therapeutic programme with a duration of instruction or therapy of at least 21 hours per week;
(e) while the sentence is suspended;
(f) while taking part in the trial in the capacity of witness or victim;
(g) during the period of temporary transfer to abroad,
h) if he is on the run.
(3) Recovery of the costs of execution shall be waived whenever the sentenced person has died and has not left the property from which the claim can be satisfied in the context of the settlement of the inheritance, if he has been extradited or transferred to another abroad or has been expelled from the execution of the sentence and it is clear from all circumstances that further recovery of the claim would be unsuccessful. The waiver shall be in writing and shall not be communicated to the debtor. By abandoning recovery, the claim does not cease.
(4) The warden of the prison may, on the basis of documentary evidence and supporting evidence provided by the defendant's request, waive, in whole or in part, the obligation to pay the costs of the sentence from which the sentenced has been released, if this is justified by the difficult social circumstances of the sentenced.
(5) Interest on late payment shall not be required for a claim for the costs of enforcement.
14) Act No. 48 / 1997 Coll., on public health insurance and amending and supplementing certain related laws, as amended. '
18. In Article 36, the following paragraph 5 is added:
"(5) Paragraph 35 (3) and (4) shall apply mutatis mutandis to the costs referred to in paragraphs 1 and 4."
19. The following Section 39a is inserted after Section 39:
Specific provisions
(1) If the convicted person has caused damage to the property of the State with which the Prison Service manages the property of the State, and the amount of the damage does not exceed CZK 10,000, he shall decide on the obligation to compensate the prison director.
(2) Within 3 days of notification, the sentenced person may lodge a complaint against the decision of the Director-General of the Prison Service or of his authorised staff.
(3) Paragraph 35 (3) and (4) shall apply mutatis mutandis to the waiver of recovery pursuant to paragraph 1. ';
20. in Paragraph 58 (3), "71" is replaced by "70" and "72" is replaced by "71."
21. in Paragraph 61 (3), "18" is replaced by "19."
22. in Paragraph 61 (4), "18" is replaced by "19."
23. in Paragraph 61 (8), the word "to" shall be deleted;
24. in Paragraph 61 (9), "classified" is replaced by "classified."
25. in Paragraph 63 (i):
"(i) suspension."
26. in § 64 (1) (c):
"(c) a ban on the acceptance of a single package in a calendar year;"
27. in Article 71, paragraph 1 is deleted;
Paragraphs 2 to 5 shall be renumbered paragraphs 1 to 4.
28. in Paragraph 72 (1):
"(1) When placing convicted persons who are not nationals of the Czech Republic (hereinafter referred to as" foreigners ") in prison, they shall, as far as possible, proceed in such a way that foreigners of the same citizenship or speaking the same or similar language may communicate with each other, unless this is contrary to the purpose of the sentence. '
29. In Paragraph 72, the following paragraph 2 is inserted after paragraph 1:
"(2) Foreigners will be given access to the reading of books in the language they control, or, depending on the size of the punishment, they will be given the right conditions for teaching the Czech language."
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
30. In Paragraph 74 (1), the words "with security and in high-security prisons' are deleted.
Amendment of the law on enforcement
Act No. 293 / 1993 Coll., on the exercise of the custody, as amended by Act No. 208 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 3 / 2002 Coll. and Act No. 218 / 2003 Coll., is amended as follows:
1. The following Section 4a is inserted after Section 4:
Treatment of accused persons
During the execution of the detention, the prison shall, as far as possible, offer participation in preventive education, education, interest and sports programmes. ';
2. In Article 7 (1), at the end of point (g), the dot is replaced by a comma and the following point (h) is added:
"(h) the charges in custody for the reasons set out in Paragraph 350c of the Penal Code from the other defendants."
3. after Paragraph 13, the following Section 13a is inserted:
Use of the phone
(1) The defendant who is not concerned by the fact that he or she is concerned that he or she will obstruct the clarification of the facts relevant to criminal prosecution, (3) shall be allowed, where justified, to make use of the telephone to contact a close person. (b)
(2) For a serious reason, the person referred to in paragraph 1 may be authorised to use the telephone to contact a person other than the person close by.
(3) The costs of using the phone are borne by the defendant.
(4) If no phone calls are made to a person referred to in § 13 (3) or § 14 (7) or § 26 (6), the Prison Service shall be entitled to make and record the calls referred to in paragraphs 1 and 2.
(b) Paragraph 116 of the Civil Code. ';
4. In the first sentence of Paragraph 14 (1), "one hour 'is replaced by" 90 minutes' and in the second sentence, "one hour 'is replaced by" 90 minutes'.
5. In Paragraph 14, the following paragraph 4 is inserted after paragraph 3:
"(4) In justified cases, the warden may decide that for security reasons the visit shall take place in a room where the visitor is separated from the defendant by a bulkhead. '
Paragraphs 4 to 7 shall be renumbered paragraphs 5 to 8.
(6) Paragraph 15 (2), including footnote 5a, reads as follows:
"(2) Only those registered churches and religious societies which have been granted the right to exercise that right under special legislation (5a) (hereinafter referred to as" the Church ') shall be entitled to perform spiritual service in the places where the detention is carried out.
5a) Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Companies and on the Amendment of Certain Laws (Act on Churches and Religious Societies), as amended by the Constitutional Court found in No. 4 / 2003 Coll. '
7. In Article 15, paragraphs 3 to 9 are added:
"(3) The Church may participate in the provision of spiritual services to the accused
(a) individual interviews, pastoral visits and by allowing individual access to religious acts;
(b) the conduct of religious services for the accused;
(c) conducting studies to interpret religious texts;
d) by providing spiritual and religious literature and singers,
(e) in agreement with the warden of the prison, by other appropriate forms contributing to the exercise of the right of the defendant to express his religion or faith freely.
(4) The principles set out in Section 7 must be respected in the common forms of the provision of spiritual services. To ensure the safety of persons and order, a designated Prison Service employee is usually present.
(5) Prisons in the internal order or other appropriate means inform the accused of the provision of spiritual service.
(6) The prison creates suitable conditions for the spiritual services provided by the accused and, according to specific possibilities, provides suitable facilities for spiritual services in agreement with the church's appointed persons.
(7) The administration of the prison will inform the Church of the entrusted person of the obligation to comply with the law on the exercise of custody and respect the internal rules of the prison.
(8) The prison shall be entitled to deny the possibility of carrying out spiritual service to persons who have committed a breach of the obligations arising from the law on the exercise of custody or the internal order of the prison.
(9) The accused must not be forced to participate in services and other ceremonies or to talk to the church of the entrusted persons. If the defendant asks to allow a visit to the churches of the authorised person, the prison shall notify him immediately. ';
8. Paragraph 16 (1) reads as follows:
"(1) The defendant has the right to purchase food and personal supplies at least once a week in a guaranteed assortment, which provides for the internal order of the prison. Purchases shall, as a general rule, be made in the form of cash-free payments. ';
9. Paragraph 17 (2) reads as follows:
"(2) The actual portable radio and television, provided that they are supplied from their own source for which the receiver has space and is part, shall be allowed to use the defendant after checking the technical parameters to determine whether an undesirable device has been installed. The inspection shall be carried out at the expense of the accused administration of the prison. If there are conditions in the prison, the warden may allow the connection of radios and televisions to the electricity network. '
10.Paragraph 18 (2) reads as follows:
"(2) The defendant shall have the right to participate in daily walks in a designated prison area of at least one hour. The tour may be restricted or cancelled for an important reason, on the basis of a decision of the Director-General of the Prison Service or his authorised staff. In the case of the accused and the accused pregnant women, the notice shall take place with the consent of the attending physician and as recommended by him. Paragraph 7 shall be applied mutatis mutandis to walks. ';
11. in Paragraph 18 (6):
"(6) The defendant is obliged to make good the damage caused by the Prison Service, the increased costs of guarding and the costs of transportation and presentation to the medical facility, incurred by the Prison Service if:
(a) has intentionally caused or otherwise intentionally allowed himself to cause harm to his health or has repeatedly committed a breach of the treatment regime;
(b) misuse of health care by pretending to be a health disorder; or
(c) by his own decision, he has not undergone a medical procedure to which he has given his prior consent or for which he has requested. ";
12. In Paragraph 18, the following paragraph 7 is added:
"(7) The decision on the obligation to make good the damage and the increased costs referred to in paragraph 6 shall be taken by the warden. The defendant may, within 3 days of notification, lodge a complaint against the decision of the Director-General of the Prison Service or his authorised staff member of the Prison Service. '
13. In Article 21, at the end of paragraph 1, the sentence "Unless otherwise specified, liability for damage caused during the exercise of the custody and the conditions for its application shall be governed by the Civil Code."
14. in Paragraph 26 (6):
"(6) The prison will allow the staff of the municipality with extended competence to be assigned to the municipal office responsible for ensuring the social protection of children in the exercise of their right to visit and speak to a minor without the presence of a third party. Such visits shall not be counted against the visits referred to in paragraph 2. ';
15. In Article 26, the following paragraph 8 is added:
"(8) To a young person who is to attend compulsory school, the prison will ensure that it is fulfilled."
16. In Paragraph 28, the following paragraph 4 is added:
"(4) Charges in custody for the reasons set out in Paragraph 350c of the Penal Code, unless they are in breach of the prescribed order and discipline, shall be held by the department of execution of the detention with a reduced regime. '
17. the following Title VII is inserted after Title VI, including the title and footnote 12:
Exercise of custody of mothers of minor children
(1) An accused woman who is born during the course of the custody may carry and care for the child unless the child has been entrusted to the custody of another person by the court.
(2) In the course of the custody of the accused woman, the county court in whose district the prison is located shall immediately inform the competent social protection authority of the children in whose district the prison is located.
(3) At the request of the accused woman in custody, the warden of the prison shall decide that the accused woman may carry her child and take care of him or her for a period of up to one year of his or her age, unless the child has been entrusted by the court to the care of another person, or the proceedings in this case are pending before the court, and that the application is for the benefit of the child. Before a decision is taken, the Director shall request an assessment of the nursing doctor and the social protection body of the children responsible for the place of residence of the minor.
(4) The defendant may lodge a complaint against the decision of the warden referred to in paragraph 3 within 3 days of his notification. The Director-General of the Prison Service or an authorised member of the Prison Service shall decide on the complaint.
(5) If the application referred to in paragraph 3 has been rejected, the accused woman may repeat it not earlier than 14 days after the legal power of the decision, if the reasons for the rejection appear to have ceased.
(6) The decision of the Director referred to in paragraph 3 shall be notified without delay by the district court in whose district the prison is located and by the social protection body referred to in paragraphs 2 and 3.
(7) The prison will allow the competent social-legal protection of children12) to monitor regularly the development of the child who is being treated by the accused woman in the prison. If there is a reason for the arrest of the accused woman concerned that he or she will impede the clarification of the facts relevant to the prosecution, 3) Article 14 (2) shall apply.
12) Article 34 of Act No. 359 / 1999 Coll., on Social Protection for Children, as amended by Act No. 52 / 2004 Coll. '
Titles VII and VIII shall be renumbered Titles VIII and IX.
Amendment to the Act on Social Protection for Children
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Regulation Information
| Citation | Act No. 52 / 2004 Coll., amending Act No. 169 / 1999 Coll., on the execution of a prison sentence and on the amendment of certain related laws, as amended, and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.02.2004 |
|---|---|
| Effective from | 01.07.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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