Act No. 58 / 2017 Coll.
Act amending Act No. 40 / 2009 Coll., Criminal Code, as amended, Act No. 169 / 1999 Coll., on the Enforcement of Penalty and on the Amendment of Certain Related Acts, as amended, and other Related Acts
Valid
Effective from 01.10.2017
58
THE LAW
of 19 January 2017
amending Act No. 40 / 2009 Coll., Penal Code, as amended, Act No. 169 / 1999 Coll., on the Enforcement of Penalty and on the Amendment of Certain Related Acts, as amended, and other Related Acts
Parliament has decided on this law of the Czech Republic:
Amendment of the Penal Code
Act No. 40 / 2009 Coll., Criminal Code, as amended by Act No. 306 / 2009 Coll., Act No. 181 / 2011 Coll., Act No. 330 / 2011 Coll., Act No. 357 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 55 / 2012 Coll., Act No. 193 / 2012 Coll., Act No. 360 / 2012 Coll., Act No. 47 / 2012 Coll., Act No. 150 / 2016 Coll., Act No. 163 / 2016 Coll., Act No. 141 / 2012 Coll., Act No. 86 / 2015 Coll.
1. Paragraph 56 (1) and (2) reads as follows:
"(1) Unconditional prison imprisonment shall be carried out in a differentiated manner
(a) with security; or
(b) with increased security.
(2) As a general rule, the Court of First Instance shall include in the prison:
(a) with the surveillance of an offender for whom the conditions for inclusion in an increased security prison are not met;
(b) with increased security of the offender who has been subjected to an exceptional sentence (§ 54), who has been sentenced to prison for a criminal offence committed for the benefit of an organised criminal group (§ 108), who has been sentenced for a particularly serious crime (§ 14 (3)) for at least eight years, or who has been convicted of an intentional offence and has fled or attempted to escape from custody, sentence or detention in the last five years. "
2. In Paragraph 57 (1), the words "which may differ by one degree from the prison in which the sentenced sentence is carried out 'are deleted.
3. In Paragraph 57 (2), the words "a lighter regime 'are replaced by" surveillance'.
4. In Paragraph 57 (3), "with a stricter regime 'is replaced by" with increased security'.
5. Paragraph 57 (5) is deleted.
Paragraphs 6 and 7 shall become paragraphs 5 and 6.
6. Paragraph 57 (5) reads as follows:
"(5) At the request of a convicted person who has carried out at least one quarter of the sentence imposed in a high-security prison, but for at least six months, the court may decide to transfer him to a security prison. A sentenced person who has been sentenced to life imprisonment may submit a motion for reassignment to a security prison not earlier than ten years of that sentence. '
7. In Paragraph 57 (6), "6 'is replaced by" 5';
Transitional provisions
1. The entry of sentenced persons in prison with supervision and supervision shall be changed to entry in a prison with security.
2. Paragraph 56 of the Penal Code, as effective from the date of entry into force of this Act, shall apply when deciding on the procedure for the execution of an unconditional custodial sentence for an offence committed before the date of entry into force of this Act.
3. A proposal for reassignment to another basic type of prison which has not been definitively decided before the date of entry into force of this Act shall not be taken into account unless it is a proposal for reassignment from a high-security prison to a high-security prison or a proposal for reassignment from a high-security prison to a high-security prison.
Amendment to the law on the execution of prison sentences
Act No. 169 / 1999 Coll., on the enforcement of the prison sentence and on the amendment of certain related laws, as amended by Act No. 359 / 1999 Coll., Act No. 3 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 218 / 2003 Coll., Act No. 52 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 109 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 204 / 2007 Coll., Act No. 341 / 2010 Coll., Act No. 181 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 281 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 341 / 2010 Coll.
1.
Advisory Committee
(1) In order to apply the knowledge, forms and methods of treatment of the convicted persons, which assist in the purpose of the execution of the sentence and the protection of the rights of the convicted persons, the warden of the prison shall set up an advisory panel (hereinafter referred to as the "commission") from experts who, in particular, are involved in the work of criminal offenders and persons with a socially pathological or similar risk-taking manner, who may contribute to the execution of the sentence or who may participate in the provision of the sentence after the execution of the sentence or in the provision of its treatment. A member of the commission may not be an employee of the Prison Service.
(2) The members of the Commission shall be appointed by the Minister of Justice (hereinafter referred to as "the Minister") on a proposal from the warden of the prison for four years, including repeatedly. The Director of the Prison shall submit proposals to the Minister for the appointment of members of the Commission through the Director-General of the Prison Service. The Commission shall be composed of at least five members.
(3) The Minister shall withdraw a member of the Commission if he or she seriously or repeatedly infringes the obligations arising from membership of the Commission, on a proposal from the Director of the Prison or the President of the Commission. The Director of the Prison shall submit a motion to the Minister for the removal of a member of the Commission through the Director-General of the Prison Service.
(4) The activity of a member of the Commission shall be another act of general interest. The prison service shall provide travel compensation to the member of the commission on travel to the same extent, in accordance with the conditions laid down in the Employment Code; the place of residence of the member of the Commission shall be considered as a regular place of work for the purposes of travel refunds.
(5) A member of the Commission has an obligation to remain silent about the facts which he or she becomes aware of in connection with the performance of his or her duties. The Minister may waive this obligation. A member of the commission shall be obliged to participate in the deliberations of the commission and to participate properly in its activities.
(6) By 31 March each year, the President of the Commission shall submit to the Directorate-General for Prison Services a comprehensive written report on the activities of the Commission for the previous year. The Board's report shall be accompanied by its opinion by the warden. The Directorate-General for Prison Services shall draw up an overall comprehensive report on their activities on the basis of reports from the prison commissions and submit it to the Minister by 31 May at the latest.
(7) The rules of procedure and the internal organisation of the Commission shall be laid down in the Commission's Statute and Rules of Procedure to be issued by the Director-General of the Prison Service. ';
footnote 2 is deleted.
2. In Article 5 (1), the words "Justice (" the Minister ") shall be deleted.
3. Paragraph 8 (1) reads as follows:
"(1) Prisons are broken down according to the method of external surveillance, security and enforcement regime into two types at the prison
(a) with security; and
(b) with increased security. ';
4. The following Sections 12a and 12b are inserted after Section 12:
"Internal breakdown of the security prison
(1) Security detention centres are subdivided into departments according to security level
(a) low-level security;
(b) medium security; and
(c) high security.
(2) The units referred to in paragraph 1 shall be subject to an external and internal risk assessment.
(3) The external risk expresses the degree of danger to society, in particular with regard to the criminal activity for which he was sentenced, the duration of the sentence and the form of the blame, and taking into account whether he was already in the execution of the sentence. The internal risk shall be expressed by the degree of risk of security during the execution of the sentence, taking into account the individual characteristics of the sentenced, taking into account in particular the nature of his criminal activity, the uncarried out protective measures, the conduct of previous sentences and the threat of escape.
(1) An evaluation of the level of external and internal risks shall be carried out by an expert panel composed of the head of the detention or detention department or the director of the prison of the authorised staff of that department, as well as a psychologist, special educator, social worker, educator and, where appropriate, other staff of the Prison Service designated by the warden. The expert committee shall forward this evaluation, including recommendations for the placement to one of the guards' departments, without undue delay to the warden.
(2) The head of the prison in which the sentenced person is located shall decide to place him in one of the wards. In taking its decision, it shall take into account the recommendations of the expert panel; where it decides by way of derogation from its recommendation, it shall justify the procedure and inform the Ministry of Justice (hereinafter referred to as the Ministry) of the decision. The decision shall be drawn up in writing and served on the defendant.
(3) A sentenced person placed in a ward with a medium or high security level shall be entitled, within 3 days of the date of service of the decision referred to in paragraph 2, to submit a proposal for placing in a ward with a lower security level, as shall be advised. This proposal has no suspensory effect.
(4) The application referred to in paragraph 3 shall be submitted to the warden of the prison who, together with the decision to place him in one of the units of the security prison, shall present him to the court without delay. ';
5. In Paragraph 16 (2), the word "departments' is replaced by" sections'.
6. In Paragraph 33 (3), the words "Ministry of Justice (" Ministry ')' are replaced by the words "Ministry '.
7. In § 41 (4), § 46 (3) (f) and (g), § 49 (1) to (3), § 49 (4) of the first and second sentences, § 64 (1) (e) and (f), § 72a (2) of the first and second sentences, § 72a (3) of the first and third sentences, § 72a (4) of the first and third sentences, and in § 74 (2) the word "separation" shall be replaced by "section."
8. In Section 49, the word "separation 'is replaced by" section'.
9. In Paragraph 58 (3), the words "specialised departments' are replaced by the words" specialised sections'.
10. in Paragraph 59 (2), the last sentence shall be deleted;
11. in Article 59 (6), the words "to whom the execution of the sentence has been imposed in a prison with increased security" shall be inserted after the word "sentenced."
12. Paragraph 71 (3) is deleted.
13. in Article 72a (5), the words "to the department" shall be replaced by the words "to the section" and the words "to the department" shall be replaced by "to this section."
14. in Part One, Title IV, Part 10 is added, including the title:
Execution of sentence in high-security prison
The provisions of Sections 19 (8), 45 (2) (g) and (h), 56 (1) and (2) and 68 shall not apply to the execution of the sentence in an increased-security prison. '
15. In the heading of Section 74, the word "separation 'is replaced by the word" section'.
16. In Paragraph 74 (1), the word "separation 'is replaced by" section'.
Transitional provision
As from the date of entry into force of this Act, the sentence to serve as a prison sentence in a prison supervised for negligent offences shall be deemed to be placed in a ward of low security, the sentence to serve as a detention centre in a prison supervised for non-negligent offences, unless the Prison Service provides otherwise.
Amendment of the law on enforcement
Act No. 293 / 1993 Coll., on the exercise of custody, as amended by Act No. 208 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 3 / 2002 Coll., Act No. 218 / 2003 Coll., Act No. 52 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 7 / 2009 Coll., Act No. 41 / 2009 Coll., Act No. 375 / 2011 Coll., Act No. 105 / 2013 Coll., Act No. 276 / 2013 Coll., Act No. 204 / 2015 Coll., Act No. 377 / 2015 Coll., and Act No. 57 / 2017 Coll., is amended as follows:
1. The following Section 3a is inserted after Section 3, including the title:
Advisory Committee
(1) In order to ensure the conditions for the exercise of the custody and to protect the rights of the accused, the warden of the prison shall set up an advisory committee (hereinafter referred to as "the commission") of experts who, in particular, are involved in the work of criminal offenders and persons with a socially pathological or similar risk-taking behaviour, who may cooperate in the exercise of the custody or who may participate in the provision of treatment of the accused. A member of the commission may not be an employee of the Prison Service.
(2) The members of the Commission shall be appointed by the Minister of Justice (hereinafter referred to as "the Minister") on a proposal from the warden of the prison for four years, including repeatedly. The Director of the Prison shall submit proposals to the Minister for the appointment of members of the Commission through the Director-General of the Prison Service. The Commission shall be composed of at least five members.
(3) The Minister shall withdraw a member of the Commission if he or she seriously or repeatedly infringes the obligations arising from membership of the Commission, on a proposal from the Director of the Prison or the President of the Commission. The Director of the Prison shall submit a motion to the Minister for the removal of a member of the Commission through the Director-General of the Prison Service.
(4) The activity of a member of the Commission shall be another act of general interest. The prison service shall provide travel compensation to the member of the commission on travel to the same extent, in accordance with the conditions laid down in the Employment Code; the place of residence of the member of the Commission shall be considered as a regular place of work for the purposes of travel refunds.
(5) A member of the Commission has an obligation to remain silent about the facts which he or she becomes aware of in connection with the performance of his or her duties. The Minister may waive this obligation. A member of the commission shall be obliged to participate in the deliberations of the commission and to participate properly in its activities.
(6) By 31 March each year, the President of the Commission shall submit to the Directorate-General for Prison Services a comprehensive written report on the activities of the Commission for the previous year. The Board's report shall be accompanied by its opinion by the warden. The Directorate-General for Prison Services shall draw up an overall comprehensive report on their activities on the basis of reports from the prison commissions and submit it to the Minister by 31 May at the latest.
(7) The rules of procedure and the internal organisation of the Commission shall be laid down in the Statute and Rules of Procedure of the Commission, issued by the Director-General of the Prison Service. '.
2. In Articles 4 and 10 (d), the word "justice 'is deleted.
3. In Section 10, at the end of point (d), the comma is replaced by a dot and point (e) is deleted.
Amendment to the Code of Criminal Procedure
Under Article 324 of Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended by Act No. 152 / 1995 Coll., the following Section 324a is inserted:
Deciding on a proposal to place in a low security ward
(1) The motion of a sentenced person to be placed in a low-security ward under the law governing the execution of a prison sentence shall be decided by the district court in a public session in whose area the sentence of imprisonment shall be enforced. If important reasons do not prevent this, such an application shall be decided no later than 30 days after its service to the court.
(2) If the application referred to in paragraph 1 has been lodged after a time limit laid down by law governing the enforcement of a custodial sentence or by a person who is not entitled to submit an application, the court shall reject it. This decision may also be taken by the court in private session.
(3) On the basis of a proposal pursuant to paragraph 1, the Court of First Instance shall examine the decision of the warden of the prison on the location of the sentenced person in one of the departments of the prison with regard to his legality and rationality. If, at the time of service of the court, the application is found to be unfounded, or if, at the time of service of the application, the decision has been taken to place the sentenced person in another security unit due to a change in the level of external and internal risks, the application shall be rejected. If the court fails to proceed in accordance with the second sentence, it shall revoke the decision and if the defect is enforceable in a public sitting, it shall decide on the case itself; If it is not possible to proceed in this way, the decision shall be revoked and ordered by the warden to re-establish his location in one of the guards' departments.
(4) The warden of the prison shall be bound by the legal opinion expressed by the court in the case when redetermining the location of the sentenced person in one of the departments of the security prison and shall be obliged to carry out the actions ordered by the court; there is no change in the location of the sentenced until a new decision is taken.
(5) The decisions referred to in paragraphs 2 and 3 shall also be served on the warden of the prison. "
Amendment of the Act on the Prison Service and the Judicial Guard of the Czech Republic
At the end of the text of § 4b 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. and Act No. 129 / 2008 Coll., the words "and when deciding on the location of the sentenced person in one of the departments of the Security Prison" are added.
EFFECTIVE
This Law shall enter into force on 1 October 2017.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 58 / 2017 Coll., amending Act No. 40 / 2009 Coll., Penal Code, as amended, Act No. 169 / 1999 Coll., on the Enforcement of Penalty and on the Amendment of Certain Related Acts, as amended, and other Related Acts |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.03.2017 |
|---|---|
| Effective from | 01.10.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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