What is Full text of Act No. 84 / 1969 Coll.?

Full text of Act No. 84 / 1969 Coll., on the execution of the prison sentence — Law on the execution of prison sentences.

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Yes, Full text of Act No. 84 / 1969 Coll. is still valid and effective.

Full text of Act No. 84 / 1969 Coll. - Law on the execution of prison sentences

84

_

Announces

the full text of the Act of 17 June 1965, No 59 Coll., on the enforcement of the prison sentence, as follows from the amendments and additions made by the Act of 20 December 1968 of the National Assembly, No 173 Coll., by the Slovak National Council of 28 December 1968, No 207 Coll., by the Czech National Council of 8 January 1969, No 2 Coll., and by the Constitutional Act of the National Assembly of 27 October 1968, No 143 Coll. (Articles 9 and 144 (2):

THE LAW

on the execution of the prison sentence

The National Assembly of the Czechoslovak Socialist Republic decided on this law:

Oddíl 1

Basic provisions

§ 1

Purpose of the prison sentence

The purpose of the prison sentence is to prevent the sentenced from committing any further crime and to constantly raise it to lead the proper life of the working person. Human dignity must not be humiliated by the sentence of imprisonment.

§ 2

Corrective educational activity

In order to achieve the purpose of the execution of the prison sentence, a corrective educational activity shall be carried out, which shall be a summary of the action of the prescribed order and discipline at the places where the prison sentence ("the sentence ') is carried out, the employment of the convicted and culturally educational workers.

§ 3

Corrective Education Institutions

(1) The punishment is carried out in the correctional institutions subordinate to the Ministry of Justice. They shall be established and repealed by the Minister of Justice.

(2) As a general rule, an advisory body, composed of educators, psychologists and other experts, shall be set up in a correctional institution; in the Ministry of Justice, a Scientific Council, composed of representatives of scientific and social organisations and state bodies, is set up as an advisory body to deepen the science and the effectiveness of corrective training activities.

§ 4

Cooperation between the authorities and organisations in the execution of the sentence

State authorities and socialist organisations assist in their activities of the Correctional Education Corps (Section 13) in the performance of tasks aimed at achieving the purpose of the sentence.

Oddíl 2

Differentiation in enforcement

Corrective Education Groups

§ 5

(1) The penalty is to be carried out in a differentiated manner in three rehabilitation groups. The court shall decide which correctional education group the defendant is to be assigned to.

(2) The execution of the sentence in the correctional groups shall pursue the objective of ensuring that less distortion of conviction is carried out separately from more degraded convictions and that more effective means of correcting them are applied in the remedial training activities of those who require a higher degree or the nature of their disruption. In rehabilitation groups, punishment shall be carried out according to the principle that the higher the rehabilitation group, the smaller the extent of the rights of the convicted person in the execution of the sentence and the greater the extent of their limitation; Similarly, forms and methods of working education and cultural education, the scope of self-administration authorisation and the method of surveillance are also adapted in a differentiated manner.

§ 6

(1) If a convicted person who has been assigned to a higher education group, a model behaviour and an honest relationship to work for a longer period of time, the court may transfer him to a lower education group.

(2) If the convicted person violates a consistently and seriously established order or discipline in the execution of the sentence or commits a criminal offence for the execution of the sentence, the court may transfer him to a higher rehabilitation group.

(3) The transfer shall be decided by the court on a proposal from the Prosecutor or Chief of the Correctional Institute or at the request of the sentenced or without such initiative. The sentenced person may submit a request for reassignment to a lower rehabilitation group after the execution of a third of the sentence and if he is assigned to a third rehabilitation group, after the execution of half the sentence, but at least six months after the execution of the sentence; a further application may be lodged by the defendant only six months after the court's decision on the previous application has been given.

§ 7

Adhesive insulation

(1) Where a convicted person included in the third group has a manifestly negative attitude towards the performance of the rehabilitation activity and if the existing means of education, including disciplinary penalties, remain inefficient with him, the court may, on a proposal from the Prosecutor or Chief of the Correctional Institute or without such proposal, decide that the sentenced person is to be placed in enhanced isolation. Such a decision may also be taken by the court if the sentenced person is particularly severely disturbed and is at the same time included in the third rehabilitation group, or if the sentenced person has been reduced by grace to a prison sentence.

(2) The period for which the sentence is to be carried out in enhanced isolation shall be determined by the court, ranging from 6 months to 2 years.

(3) The sentenced persons placed in a sharpened isolation shall not be granted pocket money, shall be restricted to selected books and magazines, shall be allowed to write and receive visits to a lesser extent than those otherwise provided for in the third group of redress and shall not accept packages. Convictions are only included in the work here if this does not interfere with the effect of sharpened insulation to correct them.

(4) Where a court, on a proposal from the prosecutor or the Chief Executive of the Correctional Institute, decides, or without such a request, that the location of the sentenced person in a sharpened isolation shall be withdrawn if the defendant has been convicted for at least six months.

§ 8

Internal differentiation

In order to enhance the educational impact of the execution of the sentence, the condemnation of inclusion in the same correctional education group shall be divided into and, where appropriate, into collectibles in those institutes, taking into account in particular the degree and nature of their disruption and the degree of correction achieved. Taking into account these aspects, corrective training shall also be carried out in a differentiated manner.

§ 9

Execution of the sentence of convicted persons with reduced working capacity or disabilities

Judgments whose ability to work is substantially reduced or required by their physical or mental state shall be placed in the correctional institutions or departments in which the execution of the sentence is regulated in respect of their ability and condition. The rights and restrictions arising from the group of reeducation to which they were included shall remain unaffected.

Oddíl 3

Rights and obligations of convicted persons in the execution of the sentence

§ 10

General provisions

In addition to the obligations arising from the laws and other provisions, the judgments have obligations imposed under this law. During the execution of the sentence, only those civil rights whose execution would be contrary to the purpose of the execution of the sentence (§ 1) or which cannot be exercised as a result of the execution of the sentence may be restricted.

§ 11

Fundamental social rights of the sentenced

(1) In the execution of the sentence, material and cultural life conditions are created for the sentenced to ensure their appropriate physical and mental development. Accordingly, the formalities and conditions for eating, accommodation and dressing of the convicted persons shall be laid down.

(2) An eight-hour sleep, the time needed for personal hygiene and cleaning, at least a one-hour walk and adequate personal leave shall be provided for the sentenced.

(3) Medical services shall be provided to the sentenced in the scope and under the conditions laid down in the general rules on care of the health of the people; the organisation and performance of health services provided to the sentenced shall be regulated by the Minister of Justice in agreement with the Minister for Health.

(4) Disability insurance and pension insurance for convicted persons, as well as compensation for accidents at work and occupational diseases, are governed by general rules.

§ 12

Letters and visits

(1) The sentenced person may document with members of his family and receive their visits to the extent set out for the group of education in which he is included. Where it is in the interest of rectification or where there is any other serious reason, he may be allowed to have written contact with another person or, where appropriate, to receive his visit. In order to ensure the purpose of the execution of the sentence, the letters of the sentenced shall be centered.

(2) Upon request, the members of the family of the sentenced and their defenders shall be notified of the condition and behaviour of the sentenced.

§ 13

Books and other publications

(1) The sentenced person may collect and read daily newspapers, books and other publications to the extent specified in accordance with the purpose of the execution of the sentence.

(2) A library is set up in a correctional institution in which a convicted person can borrow books of his own choice.

§ 14

Purchase of personal items and receipt of packages

(1) The condemned may buy groceries and other personal items for pocket money.

(2) The sentenced may accept food packages and other items of personal need to the extent specified for the correctional training group to which they are included.

§ 15

Protection of the rights of the convicted persons

(1) The sentenced person may lodge complaints and requests to the competent authorities to exercise his rights and legitimate interests; the complaint or, where appropriate, the request must be sent without delay to the authority to which it is addressed. However, in the same case, it may not lodge a complaint with several authorities at the same time or repeat it before it is dealt with.

(2) If the sentenced person so requests, he shall be allowed to speak to the Chief of the Correctional Institute, the Prosecutor, the Judge or the body which controls the Correctional Institute.

(3) The sentenced person may obtain legal assistance from a lawyer who has the right, within the limits of his authority, to write to and speak to the sentenced person. If further criminal prosecution is brought against the defendant, the provisions of the criminal order concerning the contact of the defendant in custody shall apply to his contact with the lawyer.

(4) Members of the Correctional Education Corps shall be required to ensure that the rights of the convictions are respected in the execution of the sentence.

§ 16

Self-administration of convicted persons

Self-administration of the condemned is established in every collective of the condemned. The mission of the self-government of the condemned is to teach the condemned themselves to deal with issues related to the way of life and work in the execution of the sentence, to assist in strict observance of the prescribed order and discipline, to increase the work activity, to general and vocational training of the condemned, and thus to prepare them for active participation in the life of society after the release from the sentence. Self-administration also addresses issues relating to safety and health at work.

§ 17

Basic obligations of the convicted persons

(1) In the execution of the sentence, the sentenced person shall comply with the prescribed order and discipline, comply with the instructions and orders of the members of the Correctional Education Corps, carry out his / her duties properly, treat the matters entrusted with him / her with care, comply with the principles of decent conduct with the persons he / she comes into contact with, and otherwise maintain the provisions of the Constitutional Code (§ 18).

(2) A convicted person who is wrongfully refusing to fulfil his obligations must be forced to carry them out by the legal means.

§ 18

Constitution

(1) For each correctional education institution, its chief, with the agreement of the Ministry of Justice, shall establish a constitutional order governing the life and activities of the convicted. In particular, the Constitution defines the time for work, rest, food and cultural education.

(2) The constitutional rules shall also define the scope of the powers of self-administration for the organisation of interest activities and the resolution of issues of their life together.

Oddíl 4

Disciplinary fees and penalties

§ 19

Disciplinary fees

(1) For exemplary behavior, fair relation to work or exemplary action, a disciplinary reward may be awarded to the sentenced.

(2) The disciplinary fees are in particular:

(a) praise;

(b) extraordinary authorisation of the letter,

(c) extraordinary permission to visit;

(d) exceptional authorisation of the package;

(e) increased allowance,

(f) remuneration in cash or in kind;

(g) the suspension of the execution of the sentence pursuant to Article 35.

§ 20

Discipline

(1) Infringement of the prescribed order or discipline in the execution of the sentence is a disciplinary offence for which the sentenced person may be subject to disciplinary action.

(2) The disciplinary penalties are:

(a) reprimand,

(b) restrictions on participation in or prohibition of interest for up to 3 months;

(c) reduction of allowance up to 3 months,

(d) a ban on the adoption of the package;

(e) placing in a closed ward in out-of-work time up to 30 days;

(f) full day placement in a closed ward up to 20 days;

(g) placing in solitary confinement for up to 20 days;

(h) placing in a special department.

(3) When placed in a closed ward and placed in solitary confinement, the sentenced does not work, is limited in participation in interest and is not allowed to read daily newspapers, books or other publications and buy personal items (§ 14). Placing in solitary confinement may only be imposed on a sentenced person who is assigned to a second or third breeding group. The disciplinary sentence shall not be reimposed until at least 20 days after the execution of one of these disciplinary sentences.

(4) Placing in a special ward may only be imposed on a convicted person who is consistently or seriously in breach of the prescribed order or discipline in the course of the execution of the sentence and for which more moderate disciplinary sentences are not sufficient to remedy; This disciplinary penalty may be imposed up to 3 months, and if it is for a convicted person to be assigned to a third group of correctional education, up to 6 months. Convicts which have been placed in a special ward shall work under increased supervision and separate from the other sentenced. In the performance of this disciplinary sentence, the sentenced is limited in participation in interest and in the possibility of buying personal items and reduced in pocket.

§ 21

Preservation of disciplinary penalties

(1) The disciplinary penalty may be imposed only if the circumstances of the disciplinary offence are properly clarified and the defendant's guilt proved. Before a disciplinary sentence is imposed, the defendant must be allowed to comment.

(2) The disciplinary penalty imposed must be proportionate to the seriousness of the disciplinary offence committed and must be consistent with the interest in correcting the convicted. Only one disciplinary punishment can be imposed for a disciplinary offence.

(3) A disciplinary penalty may not be imposed if a period of 1 year has elapsed since a disciplinary offence was committed.

§ 22

Complaints

The defendant shall be entitled to file a complaint against disciplinary punishment within 3 days. Complaints that have no suspensive effect shall be decided definitively by the superior of the person who imposed the disciplinary sentence. Complaints against the type and amount of disciplinary punishment shall not be admissible.

§ 23

Discipline

The disciplinary authority of the convicted persons shall be exercised by the members of the Correctional Education Corps, if they are empowered to do so.

§ 24

Dispute settlement of other antisocial acts

(1) The imposition of disciplinary penalties also deals with offences and offences. The provisions of the law governing the penalties for wrongdoing and offences of persons recommitting disorderly conduct, acts of violence and corruption are without prejudice.

(2) The disciplinary punishment of a convict shall not exclude his prosecution if his action is a criminal offence.

Oddíl 5

Education of convicted persons

§ 25

Content of the labour education of the convicted

In particular, the mission of labour education for the sentenced is to create and consolidate a conscious relationship with them. The training of convicted persons includes:

(a) the classification and remuneration of sentenced persons in social services;

(b) creating conditions for convictions to acquire and increase their professional qualifications; and

(c) training for work activity, in particular by developing labour competition and the improvement and inventor movement.

§ 26

Classification of convicted persons

(1) Judgments shall be included in the work of economic organisations or rehabilitation institutes in accordance with the purpose of the execution of the sentence, taking into account in particular their health and occupational skills.

(2) Economic organisations and correctional institutions for which convictions are included in the work are required to create the conditions for the proper performance of the tasks of the convicted in accordance with the interest in correcting them. In particular, they are required to take care of the training of those who are convicted of the work and to increase their professional qualifications and to ensure the safety and health of their work.

(3) The inclusion of sentenced persons in work with an economic organisation will take place on the basis of a contract between a correctional establishment and an economic organisation; In particular, it shall lay down more detailed conditions under which the sentenced shall work.

§ 27

Conditions of employment of sentenced persons

(1) The working time, the conditions for imposing overtime and the working conditions of women are the same for the sentenced as for other workers.

(2) Working time does not include cleaning work and other similar work of the condemned to ensure the normal operation of the correctional institution. However, such work may not be ordered at the expense of the time needed to rest the condemned.

§ 28

Participation of sentenced persons in the security and health at work

The sentenced shall be assured of participation in the handling of health and safety issues at work.

§ 29

Labour remuneration of convicted persons

(1) The sentenced persons shall have the same pay for their work as the other workers; they are not entitled to compensation for the period for which they have not worked.

(2) Reductions shall be made on the part of the sentenced's remuneration, on the one hand, to pay maintenance for his children and, on the other, to pay the costs of the sentence. In addition to these deductions, additional deductions may be made from the wage of the sentenced, which are permitted by the labour legislation as salary reductions, mutatis mutandis according to the labour legislation. The extent and, where appropriate, the order of deduction from the remuneration of the convicted persons shall be determined by the Minister of Justice; taking into account, in particular, the promotion of the interest of the condemned person in the results of his work as well as the interest in ensuring the nutrition of his children.

(3) However, where a court is ordered to execute a judgment by withholding a judgment from the wage of a convicted person, it shall be treated in accordance with the civil order and the rules issued under it.

(4) The part of the salary of the sentenced person remaining after the rainfall referred to in paragraph 2 or, as the case may be, paragraph 3 shall be divided into pocket and storage in a manner determined by the Minister of Justice. The amount to which allowance may be granted to the sentenced from the remuneration shall be determined in a different manner for the various groups of redress.

(5) The sentenced person may make contributions to his family and fulfil his obligations; the scope and conditions shall be determined by the Minister of Justice. The remainder of the sentence shall be paid to the defendant immediately after his release from prison.

Oddíl 6

Cultural educational work

§ 30

The mission of cultural education is to establish a conscious relationship with the condemned, based on the principles of socialist morality and culture. It is aimed primarily at the education of the condemned to uphold the laws and rules of socialist cohabitation, the fair relation to work, the protection and consolidation of socialist property, as well as the overall increase in the universal education of the condemned and their cultural level.

§ 31

Convicted persons who, in particular due to their abilities, age and duration of the sentence, are likely to receive basic or, where appropriate, secondary or complete secondary education; teaching shall be carried out in principle during work hours.

Oddíl 7

Liability for damage

§ 32

If he has caused damage to the property of a correctional institution which does not exceed 100 Ccs, he may be obliged to replace it by decision of the Chief of the Correctional Institution.

§ 33

(1) The sentenced person shall be liable for any damage caused to the economic organisation or to the correctional institution caused by a breach of his or her duty in the performance of his or her duties, mutatis mutandis as other workers.

(2) If the damage was caused to an economic organisation, the amount of compensation requested by the economic organisation will also be discussed with the correctional establishment.

§ 34

The liability for damage caused by the convicted persons shall otherwise be governed by general rules.

Oddíl 8

Suspension of execution and abandonment of the remainder of the sentence

Suspension of execution

§ 35

For exemplary behaviour, fair relation to work or exemplary action (§ 19 (1)), the Chief of the Correctional Institute may suspend the sentenced sentence until 15 days even again. The period of suspension shall be counted against the execution of the sentence.

§ 36

(1) For urgent family reasons, the Chief of the Correctional Institute may suspend the sentenced person's execution of the sentence for up to 15 days, even again. The period of suspension shall be counted against the execution of the sentence.

(2) If the sentenced person needs urgent medical treatment, which cannot be provided at the health care institution of a correctional institution, the Chief of the Correctional Institute may suspend his sentence until 30 days, even again. The period of suspension shall be counted against the execution of the sentence.

§ 37

(1) If the sentenced person is suffering from a severe illness, the court may suspend the execution of the sentence for the time required; the court shall suspend the execution of the sentence whenever it is for a pregnant woman or a woman shortly after giving birth if the execution of the sentence would jeopardise her or her expected or newborn child's health.

(2) If there is a concern that the sentenced person will flee or abuse the permitted suspension, the court shall withdraw the suspension.

§ 38

If the sentenced person is called on to perform a basic military service, the court shall suspend the execution of a sentence imposed for a period not exceeding six months.

Abandonment of the remainder of the sentence

§ 39

The court may waive the remainder of the sentence if the sentenced has been or is to be extradited or expelled. If they do not go abroad or deported, or if they return or expelled, the court shall decide that the remainder of the sentence shall be carried out.

§ 40

If a convicted person has become ill with an incurable life-threatening disease or an incurable mental illness, the court may waive the rest of his sentence.

§ 41

(1) If a sentenced person who has been suspended pursuant to Paragraph 38 has not committed any offence in the performance of the basic military service and has performed that service properly, the court shall waive the remainder of the sentence; or decides that the rest of the sentence will be executed.

(2) If the rest of the sentence has been waived, the sentence shall be deemed to have been executed on the day on which its execution was suspended (§ 38).

Oddíl 9

Discharge

§ 42

Prior to the expiry of the term of sentence, the sentenced person may be released on condition laid down in § 61 to 64 of the Criminal Code. To this end, the condemned person will make assumptions if, in the performance of his sentence, he proves to work through good behaviour and fair relations, so that he can be expected to lead the working man's proper life in the future.

§ 43

(1) The suspension shall be decided by the court in accordance with the provisions of Sections 331 to 333 of the Penal Code.

(2) The authority of the Chief of the Correctional Institute to propose conditional release of the sentenced must be used as effectively as possible for the training of the convicted.

Citation	Full text of Act No. 84 / 1969 Coll., on the execution of the prison sentence
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	25.07.1969
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 84 / 1969 Coll.

Law on the execution of prison sentences

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