Law Amending The Law On The Execution Of Sentences And Detention

Original Language Title: Закон за изменение и допълнение на Закона за изпълнение на наказанията и задържането под стража

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Name of law
Law amending the Law on the Execution of Sentences and Detention




Name Bill
Bill amending the Law on the Execution of Sentences and Detention





Date of adoption
19/12/2012



Number / year Official Gazette
103/2012







DECREE № 460
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on the Execution of Sentences and Detention adopted by HLI National Assembly on 19 December 2012
Released in Sofia on December 21, 2012
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice Diana Kovacheva

Law amending the Law on the Execution of Sentences and Detention (prom. SG. 25 of 2009 .; amend., SG. 74 and 82 in 2009, pcs. 32 and 73 of 2010 and SG. 81 of 2011)
§ 1. In art. 10, para. 2 t. 6 is repealed.
§ 2. In art. 15, para. 1 pt. 3 finally put a comma and added "grant leave and seconded employees in the country, rewards employees with awards in art. 30 para. 2 pt. 1 of this law and imposes disciplinary sanctions under Art. 226, para. 1, p. 1-3 of the Ministry of Interior and art. 188 pt. 1 and 2 of the Labor Code. "
§ 3. In art. 16 is amended as follows:
1. In para. 1 the words "sectors" arrest "and" Probation "is replaced by" the probation services and arrests. "
2. In para. 2 words "heads of the sector" Probation "and" arrests "are replaced by" heads of the probation services and arrests. "
§ 4. An Art. 16:
"Art. 16a. (1) The head of the regional office "Execution of Sentences":
1. It represents, manages and is responsible for the overall activity of territorial service;
2. planning, analyze and evaluate the implementation activities of probation, probation measures and measure of remand in custody in the territorial service and take measures to improve and enhance the work; 3
. organize, coordinate and control the activities of employees of arrests and probation service;
4. responsible for compliance with the law in the territorial service;
5. grant leave and seconded staff from the regional office in the country rewards employees with awards in art. 30 para. 2 pt. 1 of this law and imposes disciplinary sanctions under Art. 226, para. 1, p. 1-3 of the Ministry of Interior and art. 188 pt. 1 and 2 of the Labor Code;
6. guided activities selection NEA-Home and dismissal of employees;
7. organizes and supervises the allocation and expenditure of funds, use of buildings, fleet and office equipment;
8. perform the functions assigned to it by this Act or by the Minister of Justice or the Chief Director of Chief Directorate "Execution of Punishments".
(2) The head of the regional office "Execution of Sentences" may delegate powers to order certain of its officials. "
§ 5. In art. 29 be made the following amendments:
1. In para. 1 after the words "public service" insert "except in cases determined by this or another law."
2. In para. 3:
a) in item. 1 after the words "hierarchical relationship" insert "of management and control" after the words "or spouse" insert "person, which lives together" and a comma;
B) Section 2 is amended as follows:
"2. are sole proprietors, general partners in companies, managers, sales representatives, sales representatives, procurators, brokers, liquidators or administrators, members of the government or control of companies or cooperatives; "
c) point 4 amended as follows:
"4. work under an employment contract or a civil contract, except for the implementation of scientific, teaching or exercise of copyright in an order determined by the Minister of Justice. " 3
. In para. 6, after "Minister of Justice" insert "which are not remunerated" and a comma and the words "public benefit" a comma and added "when participating in projects and programs related to the activities of the Ministry of Justice and funded by the European Union, participation in trade unions of employees of the Ministry of Justice. "
§ 6. In art. 30 para. 2 t. 2 is amended as follows:
"2. announcement of gratitude with a cash prize amounting:
a) to 200 lev - in ceremony of Minister or Deputy Minister of Justice;

B) to 120 lev - in ceremony by the Director of Chief Directorate "Execution of Punishments".
§ 7. In art. 31 para. 5 is amended as follows:
"(5) Vocational training upon initial employment to be held in the training centers of Chief Directorate" Execution of Sentences ", while growth in the category - in educational centers of Chief Directorate" Execution of Punishments " in the Directorate general or its territorial offices. "
§ 8. in art. 35, para. 2 words "and direction of activity" is replaced by "of" D "and" E "in the category" D ".
§ 9. Article 36 is repealed.
§ 10. In art. 39 pt. 1 after the words "imprisonment" shall be added "and probation services."
§ 11. In art. 47, para. 3, '5 days' are replaced by' up to 7 days. "
§ 12. In art. 54, para. 1 the words "two days" are replaced by "two working days".
§ 13. In art. 55 make the following additions:
1. In para. 2, first sentence after the words "shall evaluate" insert "Risk of relapse and harm" and a comma.
2. A par. 3:
"(3) Compulsory psychological research is conducted on prisoners sentenced to life imprisonment and life imprisonment without parole, convicted of imposed penalty of 10 years imprisonment, and prisoners identified by the evaluation system risk "very high" and "high" risk of harm. In other cases, research is conducted on a reasoned request of the inspector of social work and educational work. "
§ 14. In art. 57 create par. 3-6:
"(3) Where the convicted can not endure the punishment according to the allocation under par. 2, they are accommodated possibly closest to their current address or to another prison or correctional institution, as defined by the court system.
(4) In the cases under par. 3 chief of the nearest permanent address of the convict prison or reformatory prepare a reasoned proposal to the Director of Chief Directorate "Execution of Punishments".
(5) The Director General of Directorate "Execution of Sentences" is decide on the proposal within one month, by order moves convicted according to the existing possibilities in places of imprisonment or refuse relocation.
(6) to the issue of prisoner serving a sentence in jail or correctional institution where it was originally placed. "
§ 15. In art. 60 para. 1 is amended as follows:
"(1) Repeat offenders and convicts, except those under Art. 59 para. 1 are housed in prisons and prison hostels of closed type. "
§ 16. In art. 62 make the following additions:
1. In para. 1 created item. 5:
"5. in the case of Art. 57, para. 2 and 3. "
2. A par. 4:
"(4) The Director General of Directorate" Execution of Sentences "may by order delegate powers under par. 1, p. 1-3 and 5 of his deputies or head of department in the Directorate General, which has a higher legal education. "
§ 17. In art. 71 shall be created para. 3:
"(3) sentenced to life imprisonment and life imprisonment without parole, put on a strict regime stay in a constantly locked in enhanced surveillance and security, unless the conditions of art. 198, para. 2 accomodation in common rooms with other prisoners. "
§ 18. In art. 72, para. 1 a second sentence: "They have visits without fences with the possibility of free access to visitors."
§ 19. In art. 76 be made the following amendments:
1. In para. 1, p. 3, after the words "serving the sentence" a comma and added "both" and the word "termination" is replaced by "early and parole."
2. In para. 2, second sentence after the word "private" is added "at any time".
§ 20. In art. 79, para. 5 after the words "except holidays" insert "employed in the service and public utility activities, as well."
§ 21. In art. 80, para. 1 made the following amendments:
1. In the text before item. 1 the words "may" be replaced by "the prison administration can use."
2. In item. 1 the word "sanitation" is replaced by "development, maintenance and sanitation." 3
. Point 2 is amended as follows:
"2. development, maintenance and preservation of cultural, historical or architectural monuments, state or municipal entities; ".
4. A t. 5:
"5. other activities. "
§ 22. In art. 81 para. 2 is amended as follows:
"(2) The head of the prison or correctional institution can be released from work for students once within 30 days of training and examinations for:
1. completion of the class in a separate or individual form of training;
2. Educational degree and / or professional qualification. "
§ 23. In art. 82, para. 2 after the words "pregnancy or childbirth" a comma and add "occupational illness or accident."
§ 24. In art. 84 is amended as follows:
1. Paragraph 1 shall be amended as follows:

"(1) At the proposal of the Minister of Justice Ministers adopted an ordinance setting standards for annual budget for one prisoner."
2. In para. 2 t. 3 is amended as follows:
"3. own bed and bedroom accessories and inmates who do not have their own clothes and shoes - and free clothing and shoes suitable for the season in tables approved by the Minister of Justice. "
§ 25. In art. 86, para. 2 after the words "may prohibit" insert "for up to six months."
§ 26. In art. 89 para. 2 is amended as follows:
"(2) The time and place of the wedding, when done in a place of detention shall be determined by the respective chief."
§ 27. In art. 90 be made the following amendments:
1. Paragraph 3 is amended as follows:
"(3) Postage for correspondence of prisoners were on their behalf."
2. A new paragraph. 4:
"(4) For inmates who are found to have no money, the cost of mailing the expense of the place of detention."
Third. Former para. 4 and 5 become par. 5 and 6.
§ 28. In art. 92, para. 1 p. 6 is repealed.
§ 29. In art. 94 after the words "made with explicit" insert "written or verbal."
§ 30. In art. 95 be made the following amendments:
1. A new paragraph. 3:
"(3) In the cases of art. 92, para. 1, p. 1 when inmates entering and leaving prison facility during the day repeatedly with a view to domestic service or other activity in insurance, the examination is recorded in a special register, not drawn to search unless they have been found objects whose possession, use or possession is not permitted. "
2. Former para. 3 becomes para. 4.
§ 31. In art. 97 be made the following amendments:
1. In item. 1 after the words "outstanding items" a comma and added "and placed in institutions of closed type - and money."
2. In item. 2 the word "sell" is replaced by "taking sell." 3
. Point 3 is amended as follows:
"3. possess, use or kept to himself weapons, ammunition, explosives and pyrotechnic products, including improvised crafted such, mobile phone, camera, sound and video recorders or parts of them. "
§ 32. In art. 100, para. 2 made the following amendments:
1. Point 7 is amended as follows:
"7. physical assault by inmates or staff, and the threat of such; ".
2. A t. 8:
"8. attempt to bring in jail, correctional institution or prison hostel of weapons, drugs or other items that can be used to escape or attack. "
§ 33. In art. 101 pt. 8 after the words "non-working" insert "or extracurricular."
§ 34. In art. 103, para. 1, 'visit and "are deleted.
§ 35. In art. 104, para. 2 in the first sentence after the words "under Art. 101, ie. 1-6 "a comma and added" but pt. 7 and 8 - for up to 5 days "and the second and third sentences are deleted.
§ 36. In art. 106, para. 1, 'expired six months "are replaced by" expired a year "and the words" one month "is replaced by" two months ".
§ 37. In art. 107, para. 1 finally added "under Art. 101 pt. 7 and 8 and the probation period in the previous sentence has expired. "
§ 38. In art. 111 made the following amendments:
1. Paragraph 4 is amended as follows:
"(4) The appeal shall not suspend execution of a punishment, unless the court orders otherwise."
2. Created al. 5 and 6:
"(5) The court shall consider all the circumstances relating to the legality of the order and issue a ruling, which was announced to the parties at the hearing and not subject to appeal.
(6) the court may:
1. confirm the order;
2. cancel the order; 3
. cancel the order and return the file to the authority that issued the order, with mandatory guidance on the application of the law. "
§ 39. In art. 120 create par. 4 and 5:
"(4) Before the proposal for isolation in solitary confinement the prisoner shall be heard by the prison, as the proposal reflects held a hearing.
(5) If during the isolation of the prisoner shows good behavior or the grounds for its isolation, the body issued the order him released from isolation before the deadline imposed deadline. "
§ 40. In art . 122 made the following amendments:
1. In para. 1 the words "prisoners" are replaced by "convicted and detained under the Criminal Procedure Code persons placed in prisons, reformatories and prison dormitories" and a comma.
2. In para. 2, first sentence after the words "not allowed" insert "or not established ownership."
§ 41. In art. 128, para. 2, first sentence finally added "and acquire the status of insured persons with continuous health insurance."
§ 42. In art. 135 made the following amendments:

1. In para. 2 the words "state or municipal" shall be deleted and the words "hospitals" insert "outside places of detention."
2. In para. 4 words "state and municipal" shall be deleted and the words "hospitals" insert "outside places of detention."
§ 43. In art. 139 is amended as follows:
1. In para. 1 the word "immediately" is deleted.
2. In para. 2, first sentence, the word "established" is replaced by "obtaining data or establishing".
§ 44. In art. 152, para. 2 pt. 2 word "recurrence" is replaced by "the risk of relapse" and the word "substantial" is deleted.
§ 45. In Chapter Eleven, Section I of the word "recidivism" is replaced by "the risk of relapse" and the word "substantial" is deleted.
§ 46. In art. 153 par. 1 is amended as follows:
"(1) convicted and defendants must be included in a program for adapting to the conditions in prisons or in reformatories immediately after taking them."
§ 47. In art. 154 made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) During the stay in the reception department each sentenced included in the program for adaptation, prepare to assess the risk of recurrence and damages and an initial report."
2. In para. 2:
a) the text before item. 1 is amended as follows: "The initial report shall include:";
B) in Item. 1 the word 'significant' is deleted;
C) in item. 3 the word 'significant' is deleted. 3
. Create a new paragraph. 3 and par. 4:
"(3) For persons with psychiatric and mental abnormalities that are impossible to perform diagnostic activities under par. 1 held a psychiatric or psychological examination.
(4) defendants placed in the reception unit are included in the program for adaptation and shall be covered by the analysis of risk of harm. "
4. Former para. 3 becomes para. 5 and in it the word "convict" is replaced by "the risk of recurrence and risk of harm."
§ 48. In art. 156 made the following amendments:
1. In para. 1, 'individual plan for execution of the sentence "be replaced by" After the program to adapt to each sentenced to prepare an individual plan for execution of the sentence that. "
2. In para. 2 pt. 3 finally added "and from harm." 3
. In para. 3 pt. 1 finally added "and from harm."
§ 49. In art. 157, para. 2 t. 4 is repealed.
§ 50. A Art. 157a:
"Art. 157a. (1) Before release prisoners captured in a specialized program to prepare for a life of freedom.
(2) training program for a life of freedom lasts from one to three months.
(3) The implementation of the program on par. 1 each sentenced to produce an action plan, including a realistic and practical steps to deal with a free life. "
§ 51. In art. 161 be made the following amendments:
1. In para. 2 the words "Ministry of Justice" are replaced by "the Ministry of Education and Science."
2. A par. 4:
"(4) For the needs of schools in places of detention Ministry of Justice provides, and provides its own buildings."
§ 52. In art. 176 pt. 6, after "Criminal Procedure Code" insert "and the Judiciary Act."
§ 53. In art. 181, para. 1 after the words "exempt" insert "except those under Art. 176 pt. 5 "and a comma.
§ 54. In art. 202 be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) The probation offices organize and direct the work of probation officers."
2. In para. 2 words "county probation services" are replaced by "probation officers". 3
. In para. 3 pt. 1 after the words "probation officer" insert "or Counsel of the respective territorial office."
4. In para. 6 words "probation services" are replaced by "regional offices" Execution of Punishments ".
§ 55. In art. 205, para. 3 in the second sentence after the words "the Prosecution" a comma and added "the mayor of the settlement and the relevant head of the regional department of the Ministry of Interior."
§ 56. In art. 206 par. 2 is repealed.
§ 57. In art. 207 make the following additions:
1. In para. 1 after the words "to appear" insert "within seven days".
2. In para. 2 after "guidelines" insert "its".
§ 58. In art. 208 made the following amendments:
1. In para. 1 finally put a comma and added "the mayor of the settlement at the location of the sentence and the relevant head of the regional department of the Ministry of Interior" and a second sentence: "In the notification letter are recorded data convicted person, the nature of the crime committed the amount and type of laid down by the court probation measures. "
2. In para. 2 words "In term of art. 207, para. 1 for each condemned "are replaced by" Within three days of the appearance of the convict before the probation officer. "
§ 59. In art. 209 is amended as follows:
1. In para. 1:

A) t. 1, the word 'significant' is deleted;
B) in item. 2, the word 'significant' is deleted.
2. Paragraph 2 is amended as follows:
"(2) The rules for assessing the risk of recurrence and risk of injury is approved by the Minister of Justice."
§ 60. In art. 210 par. 3 is amended as follows:
"(3) The time for inpatient or home treatment of the convicted person, certified by an official document issued by private or doctor of medical advisory committee or the dentist is considered as served probation measure compulsory registration. "
§ 61. In art. 211, para. 1, p. 2 the words "accommodation" is replaced by "home or hospital."
§ 62. In art. 213 made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) Implementation of the probation measure restrictions on freedom of movement is controlled by checks plan and timetable prepared by the probation officer and agreed with the head of the respective Regional Department of the Ministry of Interior or authorized it official. "
2. Paragraph 2 is amended as follows:
"(2) The inspections under par. 1 is carried out by a probation officer or his officer. "
Third. In para. 3 after the word "ban" insert "under Art. 42b para. 3 pt. 1 of the Criminal Code ".
§ 63. In art. 221, para. 4 words "7 working days" are replaced by "56 hours" and then the word "month" is added "in compliance with the provisions of the Labour Code."
§ 64. In art. 225 is amended as follows:
1. In para. 1 the words "assessment" is replaced by "assessment report".
2. In para. 2 the word "assessment" is replaced by "report".
§ 65. In art. 227 be made the following amendments:
1. In para. 1 p. 1 is amended as follows:
"1. note; ".
2. In para. 2 words "under par. 1 pt. 2 "are deleted, the words" Unit area "are replaced by" regional office "and after" the offender "shall be added" or familiarity with and acceptance of a written statement. "
§ 66. In art. 228 made the following amendments:
1. In para. 1, 'When submitting a proposal "is replaced by" Following the adoption of the Probation Board's proposal "and the words" stop "a comma and added" at that time is calculated and unserved part of probation. "
2. Paragraph 2 is repealed.
§ 67. In art. 229 words "specialized probation officer of the probation service" are replaced by "certain probation officers with special training."
§ 68. In art. 230 in the text before item. 1, 'specialized probation officer "is replaced by" Probation Officer Art. 229 "after the words" Pedagogical "conjunction" and "is replaced by a comma and the words" guidance counselor "insert" and member of the local committee to combat delinquency of minors. "
§ 69. In art. 241 new para. 4:
"(4) Where persons remanded in custody can not be accommodated under par. 1, on a reasoned proposal of the head of the regional office "Execution of Punishments" or head of arrests in the respective territorial office can be accommodated by an order of the relevant court in another arrest, which is closest to the area of ​​pre-trial or trial, according to existing possibilities. "
§ 70. In art. 243 be made the following amendments:
1. In para. 2 word "parcel" is replaced by "nutrients."
2. A par. 5:
"(5) incoming persons in custody is carried out research on the risk of damage and monitor their behavioral manifestations during the detention. The documentation on the case is transferred to the person at his moving to another arrest or in prison. "
§ 71. In art. 245, para. 1 finally put a comma and added "the definition of a measure taken to detention and list of convictions."
§ 72. In art. 250 make the following additions:
1. In para. 1 after the words "arrest in another" insert "except the cases of art. 241, para. 4 ".
2. Created al. 3-6:
"(3) defendants are sent to hospitals by order of the respective prosecutor or court on the proposal of the prison or correctional institution, the head of the regional office" Execution of Punishments "or head of arrests in respective territorial office.
(4) Where the medical institutions to places of detention are no conditions for carrying out the necessary treatments are imposed consultative examinations, specialized tests or treatment of infectious diseases and defendants are sent under par. 3 hospitals outside places of deprivation of liberty.
(5) The necessity of sending an accused person in hospital is motivated by the Director of Specialized Hospital for Active Treatment of Prisoners, the director of the medical center or a medical specialist to custody.

(6) Transportation and security of the accused and defendants to and in medical institutions is organized by order of the prison or correctional institution, the head of the regional office "Execution of Punishments" or head of arrests in the respective territorial office. "
§ 73. In art. 255, para. 2 after the words "hospital" insert "including outside places of detention under the terms and conditions of Art. 250, para. 5 and 6 "and a comma.
§ 74. In art. 256 be made the following amendments:
1. In para. 1:
a) t. 1, 'during which they receive "shall be deleted;
B) in item. 2 the words "counsel or" be replaced by "defense counsels';
In) the item. 5:
"5. of cash up to the amount of one minimum wage established for the country. "
2. In para. 4 after the words "number of visits" the comma is replaced by the word "and" and the words "and amounts for personal use" are deleted.
§ 75. A Art. 258a:
"Art. 258a. The Minister of Justice approves a list of permitted items and objects that convicts and defendants placed in detention centers can hold at yourself and enjoy. "
§ 76. In paragraph 13 of the transitional and final provisions, the words" three years after the adoption of the program under § 11 "is replaced by" from 1 January 2019 ".
The law was adopted by the 41 th National Assembly on December 19, 2012 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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