293/1993 Coll.


LAW
Dated 10 November 1993

Remand

Change: 208/2000 Coll., 258/2000 Coll.

Change: 3/2002.

Change: 218/2003 Coll.

Change: 52/2004 Coll.

Change: 539/2004 Coll.

Change: 7/2009 Coll.

Change: 41/2009 Coll.

Change: 375/2011 Coll.

Change: 105/2013 Coll., 276/2013 Coll.

Change: 377/2015 Coll.

Parliament has passed this Act of the Czech Republic:
TITLE
I
Basic provisions


§ 1
Purpose of the Act


The purpose of the Act is to regulate conditions of detention in criminal proceedings
particular to define the rights and obligations of persons in custody status
members and employees of the Prison Service of the Czech Republic (hereinafter
"Prison Service") and other persons in providing custody and
adjust supervising the performance.

§ 2

Policy remand

Until a final judgment of conviction the court pronounced guilty
not the one who was taken into custody (hereinafter "the accused"), gazing,
as guilty. During the execution of accused may be subject only to those limitations
which are necessary to achieve the purpose of custody from the standpoint of reason
^ 1) and to maintain established internal order and security.
In remand can not be accused of human dignity and
not be subjected to physical or mental pressure.

§ 3

Authorities providing performance bonds

(1) security of the accused and other tasks arising from custody
provided by the Prison Service.

(2) The Prison Service is against the accused is entitled to use only such
restrictions and coercive means allowed by law. ^ 2)
Use these restrictions and coercion notify the Prison Service
without delay to the Regional State Prosecutor's Office, which performs
supervision over compliance with legislation in remand.

(3) When ensuring the exercise of the rights of the accused Prison Service
collaborates with other government agencies, local authorities and other bodies
manner set out in specific legislation.

(4) The Prison Service employees for the purposes of this Act as an employee
Czech Republic ranked to work in the Prison Service
as a member of the Prison Service.

§ 4

Instead remand

The link is executed in prison or in a special department of the prison
(hereinafter referred to as "prisons"). Prisons are established and abolished by the Minister of Justice.
Prison administration performs Prison Service.

§ 4a

Handling accused

During the remand prison is obliged by the possibility of the accused
offer to participate in preventive, educational, leisure and sports programs
.
TITLE II


Recruitment, placement and release of the accused

§ 5
Receiving accused


(1) to remand the accused can be taken only upon a written order of the court
issued on the basis of the decision to take him into custody. This decision must be
written statement attached. Admission to the performance bond is carried
continuously.

(2) On admission to remand the accused must be proven
familiar with their rights and obligations under this Act, order of remand as
internal prison rules. Written copies of familiarization with the rights and obligations
in the language of the country of which he is a citizen, or in a language they understood
, while familiar in the first sentence shall promptly transmit the accused.

Placing the accused in tariffs

§ 6

(1) When placing the accused in cel care is taken to keep to the purpose
ties and to avoid moral hazard or other defendants.

(2) If an accused requests, placed in a separate cell
if permitted under the conditions in the prison.

(3) In justified cases, the accused may apply for placement in another
cell.

(4) A request under paragraphs 2 and 3, decide whether the prison director or his representative
.

§ 7

(1) Separately placed:

A) men from women

B) charges for which reason linkages fear that they will frustrate the investigation
facts substantial for criminal prosecution ^ 3), the other accused,

C) allegations are the subject of joint management

D) allegations of lawfully convicted,

E) charges an infectious or mental diseases or where the
suspicion of such disease.


(2) Unless prevented by other circumstances, are placed separately:

A) charges that are prosecuted for any of the offenses listed in
§ 88 para. 4 of the Criminal Code, the other accused,

B) accused who are being prosecuted for a criminal offense committed through negligence, and
accused who were previously sentenced to an unconditional custodial
liberty from the other defendants

C) the accused who are in custody for the reasons mentioned in § 350c Criminal Procedure
from the other defendants.

(3) The accused, on request, be placed in a cell designed exclusively for
smoking.

(4) In deciding on the placement of the accused in customs duties shall be governed by
orders of the court and pre-trial and the prosecutor to separate
location of the accused and possibly account also of other aspects
and facts especially the age and health condition of the accused, the degree
disruptions, lifestyle habits and personal characteristics.

(5) The accused, who so request can be placed separately
unless there are objective links and if permitted under the conditions in the prison.

(6) An accused who is in custody behaves aggressively or systematically violates
obligations under this Act or a violation of these obligations
incites others are placed in a special cell, separately from the other defendants
.

§ 8

Custody with a moderate regime

(1) The accused is placed in the department of custody with a moderate regime,
if they do not endanger the purpose of detention or unless there are other circumstances
.

(2) of the remand a moderate regime is an accommodation space
with social and cultural facilities, which are specified in the indictment
time can move freely and associate with the accused, who are stationed
in this department.

(3) The department of custody with a moderate regime can not accommodate
accused who violates the established order and discipline or can not be in this department
placed for security reasons. Also in this department
not place the defendant in which it did not recommend a doctor
due to his medical condition, and the accused, in which the location has not recommended
psychologist.

(4) The provisions of § 7 in the department of custody with a moderate regime
used similarly.

§ 9

Standard equipment duties

For each of the accused must be in a cell bed and lockers to store personal belongings
. The cells are further equipped with a table and chairs in
number corresponding to the number of defendants and sanitary facilities.
Toilet must be separated from the remaining area of ​​the cell opaque shield.
Into each cell must be introduced electric lighting and signaling
(summoning) devices.

§ 10
The release of the accused


Prisons promptly release the accused from custody, if received


A) a written statement that the accused has been released by the courts
based his decision

B) a written statement that the accused has been released, issued
prosecutor based his decision in the cases provided
special law, ^ 4)

C) the written order of the public prosecutor, the accused was released on
freedom, issued in the exercise supervision over compliance with legislation in
remand

D) a written statement that the accused has been released on the basis
decision of the president or the minister of justice in the proceedings
pardon,

E) a written statement that the accused has been released on the basis
the Minister of Justice in proceedings on extraordinary appeals
vehicles or in proceedings on extradition.
TITLE III


The rights and obligations of the accused

§ 11
Eating accused


Prison accused provides regular meals under the conditions and
values ​​that correspond to sustain the health and
consideration to their health and age; must take into account the requirements of cultural and religious traditions
accused.

§ 12
Equipping accused


(1) The accused has the right to use remand own clothing, underwear and shoes
provided that they satisfy the conditions of hygiene and aesthetic
safety and that has secured their exchange at their own expense.

(2) If the conditions set out in paragraph 1, is accused

Obliged to use prison clothes, underwear and shoes. In this case
his own clothes, underwear and shoes surrender into custody prison.

§ 13
Correspondence


(1) The accused may receive and at his own expense to send written communications
(hereinafter referred to as "correspondence") without restrictions.

(2) Correspondence is subject to inspection which includes familiarization with
contents of documents. If the reason bonds concern that the accused would frustrate
clarifying facts substantial for criminal prosecution, carried out within
14 days from receipt of the correspondence control authority which conducts the proceedings.
In other cases, it is entitled to carry out a control body
Prison Service. The Prison Service has an obligation to arrest and surrender the correspondence
authorities involved in criminal proceedings amount if its content
suspicion of criminal activity or if the delivery of the correspondence could be thwarted
purpose bonds. Withheld correspondence shall be kept in the criminal file and
unobjectionable part of its content is notified to the addressee.

(3) Inspection of the correspondence is inadmissible between the accused and his counsel
, between the accused and the lawyer who represents the accused in another
things between the accused and state authorities of the Czech Republic or
diplomatic mission or consular post foreign state-4a) or
between the accused and the international organization which is under an international convention
which the Czech Republic is bound, as dealing with submissions
relating to the protection of human rights. This correspondence was sent to the addressee
accused and delivered promptly and, unless the accused
financial resources, at the expense of the prison.

(4) The accused, who can not, or can not read or write, the Prison Service
ensure him in letters read, or provide him with assistance in drafting
applications, submissions and complaints to state authorities and in correspondence | || lawyer.

§ 13a
Using the phone


(1) The accused, with whom there is reason for concern about ties to obstruct
clarifying facts substantial for criminal prosecution, 3) are generally
to use the phone to contact a next of kin. ^ 4b) || |
(2) For a grave reason can be accused referred to in paragraph 1, authorize
use the phone to contact with another person than the person close to.

(3) The accused has the right to use the phone to contact with his lawyer or
lawyer who represents the accused in another case. If he does not
funding will allow him to prison the first contact at their expense.

(4) Costs associated with the use of the phone paid by the accused.
Accused is not entitled to carry or use a remand
phone or any other communication or recording devices, including their parts and components
. If he lets you use your phone, you must use the phone
designated for this purpose by the prison. For people in extradition or surrender custody
permits allowing the use of the telephone competent judge;
in the context of temporary custody prosecutor.

(5) Except for calls to the person referred to in § 13 par. 3 or § 14 paragraph
. 9 or § 26 par. 6, the Prison Service is entitled to acquaint
through eavesdropping of phone calls referred to in paragraphs 1 and 2 and take
their record.

§ 14
Visits accused


(1) The accused has the right to receive a visit of a maximum of 4 persons
once every 2 weeks for ninety minutes. In justified cases, the prison director
allow a visit of more people or
less than two weeks, or for more than ninety minutes.

(2) For the accused, for which reason linkages fear that they will thwart
clarifying facts substantial for criminal prosecution, 3)
without delay the conditions for the visit, which are particularly
date of the visit, the group of persons and the presence
body active in criminal proceedings, pre-trial prosecutor in the proceedings before the court of
competent judge.

(3) For persons in custody under the law on international judicial cooperation in criminal matters
down conditions for the visit, which are particularly
date of the visit, the group of persons and the presence
body active in criminal proceedings, President of the Chamber. If it is a person in temporary custody
performed in the preliminary investigation or in custody under a temporary
takeover for the purpose of performing an act preparatory proceedings, provides these conditions
prosecutor.


(4) Visits take place in rooms designed for this purpose, in the presence
Prison Service authorities, where appropriate, the authority responsible for criminal proceedings.

(5) In justified cases, the director of the prison in order to implement
visit without a hearing, or even visual inspection.

(6) In justified cases, the prison director may decide that the
security reasons, the visit will take place in the room where the
visitor from the accused separated by partitions.

(7) If the conditions set out under paragraph 2
Prison Service will not allow a visit to this fact
recorded in the personal file of the accused.

(8) An employee of the Prison Service is authorized to suspend or visit
prematurely terminate without compensation if the accused or visitors via
warnings violate the internal order or jeopardize the safety of
prison; has the same privileges, if it is a visit to the conditions laid down
pursuant to paragraph 2, present criminal justice, if in the course of the visit
finds that there is or has become frustrating
clarifying facts substantial for criminal prosecution.

(9) The accused has the right to receive visits in prison indefinitely advocate.
Restrictions mentioned in the previous paragraphs to visit advocate
apply.

(10) The accused has the right to receive visits in prison, a lawyer who represented him
in another case, where criminal justice, if
accused in custody because of § 67 clause. b) Criminal Procedure Code, unless otherwise
. In the event that it is necessary to verify the signature of the accused may attend such
visits and notary. Restrictions referred to in paragraphs 1, 2 and 3 on
such visits do not apply.

§ 15

Spiritual and social services

(1) the accused is guaranteed the right to religious
and social services to the extent arising from the special regulations. ^ 5)
provision of these services in prison is not considered a visit to the sense of § 14.
| ||
(2) The performance of religious services in places where custody are entitled
Only those registered churches and religious societies
been granted permission to exercise this right under a special legal regulation
^ 5) (hereinafter "Church").

(3) The Church can contribute to the provision of religious services accused

A) individual talks, pastoral visits and by enabling
individual approach to religious acts,

B) the holding of religious services for interested accused

C) leadership study hours to the interpretation of religious texts,

D) providing spiritual and religious literature and songbooks

E) agreement with the director of the prison by other appropriate forms
contribute to exercising the rights of the accused
freely express his religion or belief.

(4) In common forms of providing spiritual services must be
principles in § 7. To ensure the safety of people and order
in these cases is usually present at the designated employee of the Prison Service
.

(5) Prison in internal order or other appropriate manner
accused of providing spiritual services.

(6) Prisons creates spiritual services accused
appropriate conditions and in accordance with specific options secures agreement with the Church
authorized persons suitable premises for religious services.

(7) Church authorized person learns about the prison administration
obligation to observe the law of custody and respect the internal rules of the prison.

(8) The prison is authorized to deny the exercise of spiritual services to persons
who have committed breaches of obligations arising from legal regulations
custody or internal prison rules.

(9) The accused must be to attend church services and other ceremonies or
for talks with the Church forced to authorized persons. If requested by the accused
allow visits to churches authorized person in prison is obliged her
this fact without delay.

§ 16

Purchase food and personal belongings, receive packages and money

(1) The accused has the right to purchase food and personal items
least once a week in a guaranteed range, which is determined by the internal rules of the prison.
Purchase is made by direct debit.

(2) The accused has the right once every three months, a package with

Food and personal items weighing up to 5 kg.
Restrictions to apply to packages containing clothing sent for the purpose of
exchange of books, newspapers and magazines and toiletries.

(3) Packages are subject to control of the Prison Service. The accused is
not pass things that are contrary to the purpose of custody or who is not allowed to have
order of remand cell, especially things that could
endanger the lives and health of self or others. Unsold things
sent back to the sender at the expense of the accused. Unless the accused
funds to send non-transferred things are sent to prison
costs and expenses to prescribe it for payment.

(4) The accused can receive unlimited money which had been sent to prison
. Prisons are obliged to ensure their safe assumption
into custody and allow the accused at his expense to dispose of them.
Accused may carry over remand cash.

§ 17
Satisfying cultural needs


(1) The accused has the right to order at their own expense books, newspapers and magazines
, including foreign ones, if they are distributed domestically.
Can borrow and play games from the prison library
borrow fiction and professional publications, including legislation.

(2) Own a portable radio and TV if they are powered from
own resources, for that is in the reception area and is a part, is accused
allow you to use after checking the technical parameters to determine
if not installed and unwanted devices.
Performing checks to ensure the costs of the accused prison authorities. If
are not in prison conditions, may, after the checks listed in
first sentence, the prison director to allow connections radios and televisions
to the mains.

§ 18
Health Care


(1) The accused has the right to an uninterrupted eight hours of sleep.

(2) The accused has the right to participate in daily walks in the designated area
prison at least one hour. Walking can be an important reason
based on the decision of the Director General of the Prison Service or
by an authorized employee of the Prison Service limited or canceled. For
ill defendants and accused pregnant women walks are held
consent of the attending physician and according to its recommendations. § 7
outings when used accordingly.

(3) The accused has the right to health services to the extent and under the conditions stipulated by special regulations
^ 6), with the limitations resulting from
purpose of custody.

(4) The cost of health services provided to the accused, who is not
person insured under the law regulating public health insurance
who can not pay for them from their own funds deposited in
prison, paid to the extent of costs associated with providing
urgent and acute health care and foreigners to the extent of costs under the Act
regulating the residence of foreigners in the Czech Republic Prison service
from the state budget if the reimbursement is not guaranteed
otherwise; This applies even if the accused can not pay the cost of medical services
made in order to preserve his health
beyond the scope of care covered by public health insurance or from the state budget
beyond international agreements to which the Czech Republic
bound.

(5) The accused is obliged to undergo initial, periodic and exit
(or extraordinary) medical examination within the scope determined
doctor, including necessary diagnostic and laboratory examinations and
vaccinations, and preventive measures laid down by the authorities to protect public health
.

(6) If the health condition of the accused requires provision of health services
which can not be provided in the prison, provide him with
healthcare providers outside the prison.
Guarding the accused in this case provides the nearest prison.

(7) The serious illness of the accused or his injury requiring hospitalization
prison without delay notify the competent authority
active in criminal proceedings. Prisons shall also notify the person they accused determine
or his kin; kin is not so informed, if the accused
asked to not do so. Prisons always inform without delay either

Of these people, as well as the prosecutor who supervises
compliance with legislation in remand, in the event of the death of the accused
.

(8) The accused is obliged to compensate the increased costs incurred by the Prison Service to guard
, transport and presentation to healthcare providers
services, which means the costs incurred by

A) deliberately caused intentionally or otherwise allow inflicting harm to health or
repeatedly violated the treatment regime

B) abused the health services feigning health disorders or

C) own decision not undergone a medical procedure to which
given its prior consent or requested.

(9) The accused with severe disabilities have the right to reasonable conditions to ensure
a decent performance bond.

§ 19
Employing accused


(1) The accused may, at their request during the detention period
included within the employment opportunities prison.

(2) Work, pay, health and safety at work
, health insurance and social security are regulated by special regulations
. ^ 7)

§ 20
Protecting the rights of the accused


(1) The accused is allowed to exercise their rights and legitimate interests of serving
complaints and requests to the authorities competent for their execution;
complaint or request must be the body to which it is addressed promptly sent.
Warden determines the pool of Prison Service staff charged
copying and sending complaints and requests and records;
create the conditions for complaints and requests of the accused to be
inconceivable that they treat them other than the authorized person.

(2) Prison Service without undue delay notify the prosecutor, judge or
body which inspects prisons, on the request of the accused
for an interview and to instruct them in a prison interview possible.

(3) Employees of the Prison Service, without undue delay notify
warden or his deputy on the accused's request for an interview.
Conversation with the prison governor or his representative must be allowed
without unnecessary delay.

(4) The accused has the right to provide legal assistance of his counsel or
lawyer who represents the accused in another case, leading him
correspondence and talk to him without a third party present.

(5) Prison Service staff are obliged to safeguard the rights of the accused
are in custody.

§ 21

Obligations accused

(1) The accused is obliged to follow the custody and
internal order of the prison, to fulfill orders and instructions of the Prison Service, conserve
prison property and other defendants and behave properly towards all persons with whom
comes into contact. Unless stipulated otherwise, the liability for damage caused during
detention and conditions of its application
Civil Code.

(2) The accused must establish illicit relations with other accused, convicted or
persons at liberty to manufacture, possess and
consuming alcohol and other addictive substances ^ 8) to produce and retain objects
which could be used to endanger the safety of persons and property
or flee, or that their quantity and nature
might disturb order or harm health. They must also not tattoo themselves
or another person getting tattooed or have held in the prison
utilities to perform tattoos; this also applies for other ways
violation of the integrity of human skin and possession of equipment to conduct such
activity.

(3) The accused is obliged to undergo further examination and personal interest in ensuring
internal order in the prison and exclusion that carry
had a thing whose possession is prohibited in custody. Thing whose possession is prohibited
custody, the accused shall withdraw and for the duration of custody taking into custody
.

(4) The accused is in contact with other persons must respect the principles of decent behavior
used in ordinary social intercourse.

(5) the accused is forbidden to possess and distribute printed or
materials promoting national, ethnic, racial, religious or social hatred
, a movement aimed at suppressing human rights and freedoms
, violence and cruelty, printed or materials containing description

Production and use of poisons, explosives, weapons and ammunition, as well as printed materials or
containing a description of the production of drugs.

(6) The accused is also obliged

A) allow employees of the Prison Service to control their personal belongings

B) tolerate acts that relate to the identification,

C) if they fall ill, become his injury or is injured, these facts
immediately report to prison workers,

D) immediately notify staff of the Prison Service of the circumstances that
can cause serious safety hazard to himself,
co-defendants, employees of the Prison Service or the prison where the
they are known or discovered

E) notify the prison name and surname advocate or lawyer who will represent him
in other things or to provide them with legal service

F) to comply with the measures that are necessary to prevent any
production, possession and abuse of drugs and poisons in prison, including
examination to determine whether enjoyed an addictive substance, and in the event that || | if the presence of addictive substances, to reimburse costs of this
examination

G) to observe the principles of hygiene and personal belongings to maintain order and cleanliness
,

H) pay the costs of medical services provided in order to maintain or improve
his health beyond health services
covered by public health insurance or from the state budget
beyond international agreements by which the Czech Republic is bound ,

I) over a continuous eight-hour sleep period to observe the quiet,

J) not to smoke in places where it is due to the potential health hazards
nonsmokers or fire protection reasons, the director of the prison prohibited

K) announce the change health insurance and changing personal or family
data reported on admission to a remand.

(7) If it is necessary to ensure internal order and security in
prison, the Prison Service authorities are authorized to use against the accused
odmítajícímu fulfill its obligations, the coercive instruments provided
special law. ^ 9 )

§ 21a

Obligation to reimburse the costs associated with performance bonds

(1) The prison director decides on the obligation of the defendant to reimburse
associated with performance bonds, which are

A) the cost of sending non-transferred goods in accordance with § 16 para. 3,

B) the cost of medical services according to § 18 par. 4 of the sentence after the semicolon and
according to § 21 para. 6 point. h) and regulatory fees

C) increased costs of guarding, transport and presentation according to § 18 paragraph.
8

D) the costs of testing to determine whether the accused enjoyed an addictive substance,
in case, if the presence of addictive substances, according to § 21 para. 6
point. F).

(2) The decision referred to in paragraph 1 shall be individual costs
quantified. Against this decision the accused may within 3 days of receipt
file a complaint decided by Director General of the Prison Service
or the authorized employee of the Prison Service.
Filing a complaint has suspensive effect.

(3) a decision which has been accused ordered to reimburse the costs
under paragraph 1 for a period of remand performed by deductions from working
reward money deposited in the prison or seizures.

§ 21b
Damages


(1) If the accused caused by culpable breach of obligations stipulated by this law
damage to state property is managed by the Prison Service, and
above that damage does not exceed 10 000 CZK, on ​​the obligation to replace this
damage to the prison director. The decision of the warden may
accused within 3 days of receipt to file a complaint, decided by
Director General of the Prison Service or the authorized employee of the Prison Service
. Lodging a complaint has suspensive effect.

(2) Enforcement, which has been accused ordered to compensate
damages under paragraph 1 for a period of remand performed by deductions from working
reward money deposited in the prison or seizures.
TITLE IV


Handling of disciplinary accused

§ 22

Disciplinary offenses, disciplinary punishments and protective measures detainer

(1) culpable violation of duties according to § 21 when remand
is a disciplinary offense for which it may be imposed on the defendant disciplinary

Punishment. Less serious disciplinary offense can arrange a reprimand or
transfer of the accused from the Department of custody with a moderate regime
department in the normal mode. Confinement is without prejudice to the accused
obligation to pay any damages.

(2) Disciplinary penalties are:

A) reprimand,

B) a fine of up to CZK 1,000

C) prohibition on the purchase of food and personal items (except for hygienic needs
) for up to one month,

D) forfeiture,

E) solitary confinement for up to 10 days.

(3) The disciplinary punishment must be commensurate with the seriousness of the disciplinary offense
. Unless stated otherwise, the accused may be a disciplinary offense
imposed only one disciplinary punishment.

(4) In the area of ​​fines is necessary to take into account also the personal circumstances of the accused
. Prisons may exercise this disciplinary punishment perform
transfer the appropriate amount of funds that the accused in prison
saved. The owner of this amount becomes a state.
Accused deposited funds shall not fall below 500 CZK.

(5) Forfeiture may be ordered separately or alongside another
disciplinary punishment to the accused, if it is a thing that belongs to him and

A) he used to commit a disciplinary offense or

B), which was to commit a disciplinary offense intended, or

C) by committing a disciplinary offense gained.

(6) Forfeiture can not be saved if the value of the item is grossly disproportionate to the nature
disciplinary offense. The forfeited things
becoming a state.

(7) solitary confinement means to place the accused in a special cell.
The imposition of disciplinary punishment is necessary prior assessment
doctor that the accused is fit to undergo his performance.
Time after placement in solitary confinement, accused not receive visitors except
lawyer and the lawyer representing the accused in another case
not entitled to receive a package, purchase food and personal items (except
toiletries) , is not allowed to read magazines and books (with the exception
legal, educational or religious literature), as well as
playing games and using their own portable radio and television
. The accused, however, may receive and send correspondence and
allowed him reading the newspapers. Time serving the disciplinary punishment of solitary confinement
is not included in the period decisive for entitlement to receive a visit
.

(8) The disciplinary punishment of solitary confinement can not save a pregnant woman
accused, for which the exercise of such punishment compromising its
health.

(9) If a disciplinary punishment of forfeiture prevents
fact that the accused can not be prosecuted disciplined or thing does not belong
perpetrator of the offense, you can decide to prevent, if required by
safety of persons or property or other similar public interest.
The seized thing happens happen.

§ 23

Proceedings of disciplinary misdemeanors and detainer

(1) disciplinary powers over the accused exercised
Director General of the Prison Service and directors of prisons and their authorized employees of the Prison Service
.

(2) Disciplinary punishment may be imposed only after proper clarification of the resolute
circumstances under which the disciplinary offense committed and found guilty
accused. Before imposing disciplinary punishment should be accused and
person who exercises a right of ownership to the things that can be seized,
allowed to comment. The accused has the right to comment on all
facts which he is blamed for and the evidence therein.
May indicate circumstances that disprove his guilt or mitigate, and to support its allegations
propose implementing other evidence for his defense
.

(3) imposing disciplinary punishment must be decided and the decision
accused notified within 15 days from the date when the authority for its
imposition of committing an offense but no later than one month
the breach of an established order and discipline.

(4) Decisions on detainer shall immediately notify the accused who
he committed a disciplinary offense, the owner and stuff, if known.

(5) The decision by which the disciplinary punishment or was pronounced
detainer should be writing without undue delay prepare and deliver
accused and the person referred to in paragraph 4.


(6) A decision to impose a disciplinary punishment against the accused and
decision on the detainer and the person referred to in paragraph 4 within three days of its notification
, and if it was delivered from the delivery, lodge a complaint that
have suspensive effect. The complaint does not have suspensive effect, if it was punished
solitary confinement and maintain order and discipline in the prison requires
that sentence immediately executed.

(7) A complaint against the decision to impose a disciplinary punishment or protective measure
detainer decide within 5 working days of its submission
warden or the authorized employee of the Prison Service. About
complaint against the warden decides
Director General of the Prison Service or the authorized employee of the Prison Service.
Decision on a complaint can not authorize an employee to disciplinary punishment imposed or
which decided on the detainer.

(8) The decisions issued in disciplinary proceedings, which were imposed disciplinary punishments
according to § 22 paragraph. 2 point. a) to c) are not subject to review
court.

§ 23a

Expunging a disciplinary punishment

(1) If, after a disciplinary punishment the accused for at least 6 weeks
properly fulfill their duties (§ 21), the prison director or his delegated authority
Prison Service to decide on expunging a disciplinary punishment
.

(2) a notice of decision expunging a disciplinary punishment on the accused
looks as if he was not a disciplinary punishment.

§ 23b

Disciplinary settlement of another anti-social behavior

(1) The imposition of disciplinary punishment shall be executed also the conduct which
elements of an offense, if committed during remand.

(2) The imposition of disciplinary punishment the accused does not exclude his criminal prosecution
if the act an offense.

§ 24

The proceedings under Title IV do not apply to general legislation on administrative proceedings
. ^ 11)
TITLE V


Detention for juvenile

§ 25
General provisions


At the remand of the accused who has not reached the 18th year of his age (hereinafter
"youthful"), shall apply to the other provisions of this Act, unless
otherwise provided under this Title.

§ 26
Special provisions


(1) Juveniles are placed in cells separately from other accused.
Place a juvenile in a cell together with adult accused
possible only in exceptional cases, if it can be reasonable to consider that such a procedure is
aspects listed in § 6. 1 for juvenile better.

(2) The juvenile has a right to receive a visit in prison once a week.

(3) The disciplinary punishment of banning the purchase of food and personal items, must not exceed
juvenile for one week.

(4) The disciplinary punishment of solitary confinement can be imposed on a juvenile
longest period of five days.

(5) If a disciplinary punishment of solitary confinement may be accused
youthful receive and send correspondence and is allowed
reading newspapers and books. Length of the disciplinary punishment of solitary confinement
be included in the period decisive for entitlement to acceptance
visit.

(6) The prison allows employees of the municipality with extended powers ranked
to the municipal authority entrusted with providing child protection
in the performance of his youthful permission to attend and talk with him without
presence of a third person. These visits will not be counted as visits by paragraph 2.


(7) The juvenile has a right to receive a package with food and personal
weighing up to 5 kg every two months.

(8) A juvenile who has to comply with compulsory school attendance prison
ensure its implementation.

§ 26a

The performance of protective or institutional care

(1) If a juvenile was ordered compulsory education and if
assured her performance, will give after his release from custody, the Prison Service
juvenile to the appropriate school facilities for institutional care or protective custody
.

(2) If the juvenile was ordered into institutional care, and if it is ensured
her performance, the Prison Service informs about the release of a juvenile from custody
appropriate educational facilities for institutional care or protective
education.
TITLE VI


Detention of foreigners

§ 27
General provisions


At the remand of the accused who is not a citizen of the Czech Republic

(Hereinafter the "foreigner") shall apply to the other provisions of this Act
unless otherwise provided under this Title.

§ 28
Special provisions


(1) Foreigners immediately after being taken into custody must be advised of his
right to contact the diplomatic mission or consular post of the State whose
is a citizen. Refugees and homeless people to learn about their right to contact
the diplomatic mission of the State authorized to protect their interests, or
international bodies whose mission is to protect those interests.
This does not affect the obligation of law enforcement to notify, in accordance with the relevant
international treaty on remand in custody
representative body of the state of which he is accused citizen.

(2) A foreigner learns about the right to receive consular visits by
authorities referred to in paragraph 1. On this visit is not restricted
referred to in § 14 para. 1, 2 and 3

(3) Lessons foreigners is carried out in his native language or in a language which he understands
.

(4) Accused in custody for the reasons mentioned in § 350c of the Penal Code, if
violate established rules and discipline, exercise binding rule in
department remand a moderate regime.
TITLE VII


Custody mothers of minor children

§ 28a

(1) The accused woman that during remand child is born, can have
this baby together and take care of them if the child was not a court
entrusted to the care of another person.

(2) The birth of a child during the remand prison accused women
immediately inform the district court in whose district the prison is located, and
competent authority child protection, in whose district the prison
located.

(3) At the request of the accused women in custody, the prison director decides that
accused woman can carry her child and care for them
usually for a period up to one year of age if the child was not court
entrusted to the care of another person, or proceedings in this court does not take place, and
compliance with the request is for the child. Before making a decision the Director
require judgment of the physician and authority of social and legal protection of children
, in the place of former residence of the minor child.

(4) against the decision of the prison director under paragraph 3, the accused
woman lodged within three days of notification of the complaint. The complaints are
Director General of the Prison Service or by a duly authorized employee of the Prison Service
.

(5) If the application is rejected in accordance with paragraph 3, may be accused woman
repeated at least 14 days from the ruling if the reasons
which led to the rejection of the application, apparently passed away.

(6) The decision of the Director under paragraph 3 shall immediately inform the prison
district court in whose district the prison is located, and the authority
child protection, referred to in paragraphs 2 and 3

(7) Prisons allow the competent authority child protection ^ 12)
regularly monitor the development of the child, the woman accused in prison
cares. If the reason for custody of the accused women fear that it will thwart
clarifying facts substantial for criminal prosecution, 3)
proceed in accordance with § 14 para. 2
TITLE VIII


§ 29

Supervision over the execution of custody

(1) Compliance with laws in remand
carried out by the regional public prosecutor in whose jurisdiction is exercised bond.

(2) Supervision is authorized prosecutor

A) at any time visit places where prison custody

B) inspect the documents, according to which the accused held in custody
speak with the accused without the presence of third parties,

C) check whether the orders and decisions of the Prison Service in the prison
on remand comply with laws and other legislation,

D) ask Prison Service in the prison the necessary explanations
submission of pleadings, documents, orders and decisions relating to the performance
links

E) issue orders to the observance of regulations applicable for custody,

F) order that a person who is under detention in contravention of the relevant decisions of the authority
law enforcement or without such
decision was immediately released.

(3) The Prison Service is obliged by orders of the public prosecutor
preceding paragraph without delay.

(4) The provisions on supervision does not affect the obligation of the Prison Service

Its scope to carry out its own inspection activities and privileges
minister or bodies or persons authorized by him to do, set
special law.
TITLE IX


Transitional and Final Provisions

§ 30

If other legislation used the word "constitution for the exercise
custody" shall mean the remand prison, and if you use the word "
Institute for imprisonment" shall mean prison.

§ 31

The Ministry of Justice shall issue a decree remand order.

§ 32

This Act comes into force on 1 January 1994.
Uhde vr

Havel vr

Klaus vr


1) § 67, 350c and 381 of the Act no. 141/1961 Coll., Criminal Procedure Code, as amended
.

2) Czech National Council Act no. 555/1992 Coll., On the Prison Service and Judicial Guard of the Czech Republic
.

3) § 67 clause. b) Act no. 141/1961 Coll., as amended.

4) § 71, 72 and § 72a paragraph. 3 of Law no. 141/1961 Coll., As amended
regulations.

4a) Decree no. 157/1964 Coll., On the Vienna Convention on Diplomatic Relations
.

Decree no. 32/1969 Coll., On the Vienna Convention on Consular Relations.

4b) § 116 of the Civil Code.

5) Act no. 3/2002 Coll., On freedom of religion and the status
churches and religious societies and amending some laws (the
churches and religious societies).

5a) Act no. 3/2002 Coll., On freedom of religion and the status
churches and religious societies and amending some laws (the
churches and religious communities), amended by the Constitutional Court || | promulgated under no. 4/2003 Coll.

6) Act no. 372/2011 Coll., On medical services and the conditions of their
provision (Health Services Act), as amended
regulations.

7) Eg. Czech National Council Act no. 592/1992 Coll., on premiums for general health insurance
, as amended, Czech National Council Act no. 589/1992 Coll., on
on Social Security, as amended, Act
No. 262/2006 Coll., The Labour Code, as amended.

8) § 130 of the Criminal Code.

9) § 17 and 18 of Act No. 555/1992 Coll.

11) Act no. 500/2004 Coll., Administrative Code, as amended.

12) § 34 of the Act no. 359/1999 Coll., On child protection, in
amended by Act no. 52/2004 Coll.