Decree of the Ministry of Justice No. 94 / 2001 Coll.
Decree of the Ministry of Justice amending Decree of the Ministry of Justice No. 10 / 2000 Coll., on deductions from the remuneration of persons who are employed in the execution of prison sentences, on the enforcement of decisions by deductions from the remuneration of such persons and inmates of special educational establishments and on the payment of other costs
Valid
Order
Effective from 01.04.2001
Text versions:
01.04.2001
06.03.2001
94
DECLARATION
Ministry of Justice
of 28 February 2001
amending Decree No. 10 / 2000 of the Ministry of Justice Coll., on deductions from the remuneration of persons who are employed in the exercise of the sentence of imprisonment, on the enforcement of decisions by deductions from the remuneration of those persons and inmates of special educational establishments and on the payment of additional costs
The Ministry of Justice shall determine, in accordance with Article 33 (2) and (5) of Act No. 169 / 1999 Coll., on the execution of a custodial sentence and on the amendment of certain related laws, Section 152 (2) of Act No. 141 / 1961 Coll., on criminal proceedings, as amended, and Section 373 of Act No. 99 / 1963 Coll., Civil Code, as amended:
The Decree of the Ministry of Justice No. 10 / 2000 Coll., on deductions from the remuneration of persons who are employed in the execution of the sentence of imprisonment, on the enforcement of decisions by deductions from the remuneration of those persons and of the inmates of special educational establishments and on the payment of other costs, shall be amended as follows:
1. Article 1, including the title and footnotes 1) and 2) shall read as follows:
Types of precipitation
(1) The remuneration payable to a convicted person under special legislation1) shall be deducted and paid by detention or prison ("prisons") of social security contributions and contributions to national employment policy, public health insurance premiums and an advance on personal income tax. 2) The part of the remuneration remaining after these deductions is hereinafter referred to as net remuneration.
(2) In respect of the sentence's net remuneration, the prison will make deductions
(a) the payment of maintenance allowances for children to whom the sentenced person is obliged to provide nutrition, including the allowance for the cost of childcare in constitutional or protective education (hereinafter referred to as "dependent child support");
(b) to cover the costs of the execution of the sentence and the costs of the execution of the sentence preceding it;
(c) on the basis of the ordered enforcement of a judgment by a court or a public authority;
(d) to pay other claims against the sentenced under this Order.
(3) The sum of the deductions referred to in paragraph 2 may not exceed 86% of the sentence's net remuneration. The rest of the net reward will be allocated to the prison in accordance with this decree.
1) Paragraph 33 (1) of Act No. 169 / 1999 Coll., on the execution of a prison sentence and on the amendment of certain related laws. Government Decree No. 365 / 1999 Coll., on the amount and conditions of remuneration of sentenced persons in employment in the execution of prison sentences, as amended by Government Decree No. 414 / 2000 Coll.
2) Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by Act No. 10 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 241 / 1994 Coll., Act No. 59 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 149 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 113 / 1997 Coll., Act No. 134 / 1997 Coll., Act No. 220 / 2000 Coll., Act No. 238 / 2000 Coll., Act No. 18 / 2000 Coll. Act No. 592 / 1992 Coll., on Insurance against General Health Insurance, as amended by Act No. 10 / 1993 Coll., Act No. 15 / 1993 Coll., Act No. 161 / 1993 Coll., Act No. 324 / 1993 Coll., Act No. 42 / 1994 Coll., Act No. 241 / 1994 Coll., Act No. 59 / 1995 Coll., Act No. 149 / 1996 Coll., Act No. 48 / 1997 Coll., Act No. 127 / 1998 Coll., Act No. 29 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 258 / 2000 Coll. Act No. 35 / 1993 Coll., Act No. 2000 / 2000 Coll., Act No. 2000 / 2000 Coll., Act No. 157 / 1993 Coll., Act No. 196 / 1993 Coll., Act No. 168 / 1998 Coll., Act No. 42 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 149 / 1997 Coll., Act No. 248 / 1997 Coll., Act No. 134 / 1996 Coll., Act No. 18 / 1997 Coll., Act No. 151 / 1997 Coll.
2. in Section 2, paragraph 2, including footnote 3, read:
"(2) Reductions for maintenance shall be made:
(a) on the basis of a judgment of the Court ordering the enforcement of a judgment by withholding from wages (the remuneration of the sentenced), at the level laid down by that decision (hereinafter referred to as "maintenance fees ordered"),
(b) by a final decision of the court imposing an obligation on the defendant to pay maintenance or a court-approved maintenance agreement (3) and a written request by the defendant for the implementation of the reduction, up to the amount specified by such a decision or agreement;
(c) at the request of the establishment where the child is placed in constitutional or protective custody, up to the amount required by that establishment, provided that the sentenced person has given his written consent to the implementation of the rainfall;
(d) at the request of the sentenced or, if the sentenced has given his written consent, at the request of the person receiving the maintenance.
3) § 86 of Act No. 94 / 1963 Coll., on the Family, as amended by Act No. 132 / 1982 Coll., Act No. 234 / 1992 Coll., the finding of the Constitutional Court of the Czech Republic No. 72 / 1995 Coll., Act No. 91 / 1998 Coll., Act No. 360 / 1999 Coll. and Act No. 301 / 2000 Coll. '
3. In Paragraph 3 (1), "40 CZK 'is replaced by" 45 CZK'.
4. Paragraph 3 (2), including footnote 4, reads:
"(2) The payment referred to in paragraph 1 shall not be made for the calendar days during which:
(a) to the convicted person, provided that he is insured under special legislation, 4)
(b) suspended execution of the sentence to the sentenced;
(c) convicted on the run,
(d) the sentenced is temporarily transferred abroad.
4) Act No. 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain related laws, as amended by Act No. 242 / 1997 Coll., Act No. 2 / 1998 Coll., Act No. 127 / 1998 Coll., Act No. 225 / 1999 Coll., Act No. 363 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 167 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 220 / 2000 Coll. and Act No. 258 / 2000 Coll. '.
5. The heading of Section 4 reads:
"Further reductions carried out on the basis of the ordered enforcement of a judgment by a court or authority '.
(6) Paragraph 7 (4), including footnote 11a, reads:
"(4) The sentenced person may, upon fulfilment of the obligation imposed under paragraph 3, use storage charges to support his family in accordance with his own decision and to fulfil his obligations under Paragraph 4 (1) (c). If the sentenced person has fulfilled or does not have a maintenance obligation, he may send part of his or her deposit to his relatives in a series of direct and siblings. At the request of the defendant, the Director-General of the Prison Service of the Czech Republic (hereinafter referred to as the" Prison Service ") may authorise an exemption from this provision, in particular if it is necessary in the interests of the defendant to pay one of his necessary needs and if such reimbursement cannot be provided otherwise. However, the sentenced must always leave at least the amount needed to travel by public transport from the place where the sentence is served to the place of permanent residence and the amount per meal for the duration of the journey equivalent to the amount of the allowance under the special legislation. 11a) The sending of amounts takes place at the expense of the sentenced.
11a) Article 5 (1) of Act No. 119 / 1992 Coll., on Travel Refunds, as amended by Act No. 44 / 1994 Coll., Act No. 125 / 1998 Coll., Act No. 36 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 220 / 2000 Coll. and Act No. 448 / 2000 Coll. '
7. Paragraph 9 (2) reads as follows:
"(2) The decision referred to in paragraph 1 may be appealed against by the sentenced person within 3 days of service to the director of the prison which issued the decision; the complaint may be directed only against the calculated amount of the costs of execution and shall not have suspensory effect. The Director-General of the Prison Service shall decide on the complaint within 60 days of its receipt. ';
8. In Paragraph 10 (1), "40 CZK 'is replaced by" 45 CZK'.
9. Paragraph 11 (2) reads as follows:
"(2) The decision referred to in paragraph 1 may be complained against by the sentenced person within 3 days of service to the director of the prison which issued the decision. A sentenced person who has been ordered to pay the costs relating to the exercise of custody only after his release from prison or custody may lodge a complaint within 5 days of the date on which the decision referred to in paragraph 1 was delivered to him. The complaint may only be directed against the calculated amount of the cost of execution of the binding and shall not have suspensory effect. The Director-General of the Prison Service shall decide on the complaint within 60 days of its receipt. ';
Transitional provisions
1. Deductions from the remuneration of a sentenced person for the enforcement of a judgment of a court or a public authority ordered before the date of application of this Order and of a reduction which the sentenced person has requested or agreed to implement before the expiry of this Order shall be implemented in accordance with that Order.
2. The costs of enforcement and the costs of enforcement of the sentence, where the obligation to replace them arose before the date of application of this Order, shall be determined for the period up to the date of application of this Order at the level laid down by the provisions in force at the time when the detention or punishment was carried out.
Efficacy
This Decree shall take effect on 1 April 2001.
Minister:
JUDr. Bures v. r.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 94 / 2001 Coll., amending Decree of the Ministry of Justice No. 10 / 2000 Coll., on deductions from remuneration of persons who are employed in the execution of prison sentences, on the enforcement of decisions by deductions from remuneration of those persons and inmates of special educational establishments and on the payment of additional costs |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.03.2001 |
|---|---|
| Effective from | 01.04.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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