345/1999 Sb.
The DECREE
The Ministry of Justice
of 21 April 2004. December 1999,
issuing the order of imprisonment
Change: 378/2004 Sb.
Change: 243/2006 Sb.
Modified: 19/2015 Sb.
The Ministry of Justice establishes, pursuant to § 81 of Act No. 169/1999 Coll., on the
imprisonment and amending certain related laws
(hereinafter referred to as "the Act"):
PART THE FIRST
THE GENERAL PART OF THE
HEAD FIRST
BASIC PROVISIONS
§ 1
(1) Where this Ordinance governs the scope and tasks of the employees of the prison service
services of the Czech Republic (hereinafter referred to as "the prison service"), the means and the
Member of the prison service, if individual provisions
otherwise.
(2) if in this Decree talks about the prison, also means
a special Department of the prison (article 5, paragraph 1, of the Act).
§ 2
(1) For the purposes of this Ordinance, the person responsible for executing the
into an ecclesiastical advertising activities (hereinafter referred to as the "designated person") means a qualified
the spiritual, which is to carry out the activities entrusted to the direction of the competent
the Church or religious society, and with the action in the prison after the
written comments of the prison service said the prison director, spiritual
the consent.
(2) in the prisons of all basic types of work with convicts is fundamentally
stable teams of employees of the prison service, composed of a special
pedagogue, psychologist, social worker, educators and wardens with
the corresponding special training. One RA is
entrusted to the care of usually no more than 20 inmates.
THE HEAD OF THE SECOND
RECRUITMENT, PLACEMENT, MOVEMENT, AND THE RELEASE OF INMATES
The adoption of imprisonment
§ 3
(1) when it is necessary to verify the identity of the convicted person, in order to
was having regard to all of the available documents excluded his confusion with the
the other person. If convicted, supplied to imprisonment
(hereinafter referred to as "punishment") by the authority of the police of the Czech Republic, no
proof of the identity of the convicted person can be taken into the prison only if
that identity has already been verified previously and is about to adopt documents
the record of a court or competent authority to the police authority.
(2) if the convicted person does not have to be admitted to the prison sentence, together
no proof of identity, it is necessary to verify his identity in a different way,
and, where appropriate, if there is reason to doubt, and his honorary
the Declaration.
§ 4
(1) admission to the prison for the convicted person makes a personal tour and
the necessary sanitary and protiepidemická measures. The person who tour
performs or is visiting the present, must be the same gender as the
the condemned.
(2) the person may leave with him documents related to criminal
management, or is conducted against him, and other official
the documents; adequate amounts of storage options provided by the
Cabinet photos, letters, laws, custom books, magazines and
the newspaper. The person may also be a pocket or wrist watch
that do not have communication or recording equipment, stationery,
things needed to conduct routine correspondence, wedding ring, manual meat grinder
coffee, electric shaver, Cup beverages and basic
public health needs.
(3) Custom portable radio powered from its own resources, for
that is in the receiver area and is a part of, the sentence will allow
use after the control of technical parameters to determine whether the
has not been installed unwanted equipment. Inspections shall ensure that the
the cost of the prisoner, the prison management. In the event of a breach of the seal
documenting the integrity of radio tuner not convicted
enjoy, as long as the cost does not allow to ensure control of the prison.
Sentence does not allow the use of radios in the briefing, scanners
and transmiterů signal to the FM band.
(4) keeping other things shall be decided by the prison director or his authorized
an employee of the prison service. Other things, including money and valuables,
which has condemned him for himself, the prison administration on its request.
Personal identity documents of a prisoner, the prison always takes into custody.
If it is not the imposition of some of the things, in particular, due to their nature or
the amount of possible management at the expense of the convicted person, the prison shall ensure their
send the person convicted shall designate.
§ 5
The onset of a convicted person to imprisonment, the prison administration sends a message
the Court, which in the case in the first instance, opatrovníkovi, if the
person limited in mom, the territorial Department of the Regional Directorate
The police of the Czech Republic to the competent according to the place of residence of the convicted person,
the authority for social and legal protection of children or social curator
the competent according to the place of residence of the convicted person, the Directorate-General
The prison service, the regional military command, if convicted
subject to its registration, and for pensioners and persons receiving výsluhový
post or post for service to the competent authority of the social
Security.
§ 6
Admissions Department
(1) after the commencement of the sentence is the newly recruited convictions stay in
the receiving Department of the prison, and it separately according to the principles set out in section 7 of the
the law.
(2) during their stay in the receiving Department, which normally does not exceed one
week, the convicted person shall be subjected to an initial medical examination, including
the necessary diagnostic and laboratory examinations.
(3) after the conclusion of the medical examination, the prison administration shall send
immediately, the Directorate-General of the prison service, all the information necessary
the decision on the placement of the convicted person in a particular prison.
section 7 of the
Placing the convicts
(1) when deciding on the placement of inmates under section 9 (2). 3 of the law
the Directorate-General of the prison service controls in particular kind of programs
the treatment of inmates in individual prisons,
the opportunity to provide or arrange for the necessary health services and by
the options also takes into account the fact that the convicted person to exercise custodial
freedom (hereinafter referred to as "punishment") as close as possible to the place of the stay close to the people.
(2) the decision on the location of the prison shall forthwith be
a prisoner to him could inform a close person. If convicted
does not have the resources to do it, to inform the person in, it sends information about the
your stay at the expense of the prison.
§ 8
Boarding Department
(1) Convicted in the appropriate prison support Commission composed of
the head of the Prison Department (Department of detention and imprisonment),
psychologist, special educator, social worker, educator, or
other employees of the prison service determine the warden (hereinafter referred to as
"professional staff").
(2) following the adoption of the newly-recruited prison conviction staying separately from
the other inmates, the Prison Department in boarding. During the stay
in the boarding Department whose length is determined individually and usually
shall not exceed two weeks,
and process technicians) determine the comprehensive report on the condemned,
including the draft programme of the treatment of prisoners,
(b)), the doomed outlines the content of the law, this Decree,
the internal order and with the environment in which it will carry out the punishment.
(3) after completion of the tasks referred to in paragraph 2, the person usually
the three days of the summons before the professional staff, who will discuss with him the contents of the
the treatment program and determine the educator to whom is entrusted to the care of. Expert
in doing so, employees follow the principles set out in section 7 of the Act and the
ensure that differentiated performance penalty less disruption to a conviction
they have worked separately from the penalty more disturbed by the inmates and to
implement more effective means to achieve the purpose of the sentence.
§ 8a
Demonstrations of inmates
(1) Conviction shall be presented to the prosecuting authorities in criminal proceedings, other
the public authorities, which acts in the proceedings take place, which are
touching, barristers, lawyers who represent inmates in other things, and
the experts, as well as to the authorities and persons responsible for carrying out checks and
supervision of the performance penalty.
(2) to the advocates of the person, if the Defender can prove permission to
conversation or to visit the full powers, in which it is empowered to act in the
the criminal case or written measures the Court on the provisions of the Attorney
an advocate of the convicted person. Demonstration of the convicted person for the purpose of the visit or
conversation with the advocate cannot deny.
(3) to the police authority is the person demonstrate on the basis of written
application signed by the nearest authorised superiors of the relevant person
the most senior active in the police authority and bearing the imprint of a round of official
the stamp.
(4) When performing the convicted person to the lawyer that the convicted person
in another case, paragraph 2 shall apply mutatis mutandis.
The movement of inmates
§ 9
(1) the convicted person shall be transferred on a temporary basis to another prison:
and at the request of a police authority) approved by the Director of the regional
the Directorate of the police of the Czech Republic or the head of the territorial Department,
the Director of the Department of the Police of the Czech Republic with a scope in the entire territory of the
The Czech Republic or the head of his Department, Director of Office services
criminal police and investigation of the Police Presidium of the Czech Republic
or the head of the General Inspection Department of the security forces or
another leading member of the staff, if the other police authority,
(b)), click the public prosecutor or of the President of the Senate, which needs
the convicted person to hear,
(c)) is not possible in the prison, where a prisoner carries out the sentence, secure
the application of a reasonable limit within the meaning of § 27. 4 of the Act,
(d) on a proposal from a doctor) in order to provide the necessary health services,
(e) on a proposal from the Director of the prison) for reasons worthy of special attention,
(f)) for the purpose of participation in civil proceedings before the Court.
(2) a prisoner may be transferred only to the prison, in which it is established
the Department of the same base type, which carries out the sentence, or to the
the prison, in which it is established the Admissions Department. In the accommodation
during transfer, the inmates used the provisions of section 6 (1). 1.
§ 10
(1) the convicted person shall be transferred to another prison for not transitional:
and the decision of Directorate-General) of the prison service, for reasons of
Special considerations in order to ensure the fulfilment of the purpose of the enforcement of the sentence or
Security for performance of the tasks of the prison service or due to the provision of
the necessary health services,
(b)) by mutual agreement of the directors of prisons of the same base type
applying a similar treatment programs with inmates in order to
deepening the educational influence of the enforcement of a sentence or on the basis of the positive
decision on the request of the convicted person or his relatives.
(2) If a proceeding on conditional release or transfer
the convicted person to a prison of another type, care must be taken that the convicted person has not been
without a serious reason relocated to prisons outside the perimeter of the Court, that
such control leads.
§ 11
On the transfer of the convicted person for a period longer than seven days, the prison management
shall forthwith inform the person in him, so if you can't make
convicted, and in the case against convicted leads other criminal
management, and the competent authority in criminal proceedings.
§ 12
The output of the Department
To the output of the Department classifies inmates usually six months before the
as expected, the end of the sentence, the prison director on a proposal from the expert
employees (§ 8 paragraph 1).
Measures before release from prison
section 13
(1) a prison shall ensure that convictions were released from prison with a
valid identity documents.
(2) before release from prison is condemned by the circumstances of learning
on the obligation to subscribe immediately after release and notify the
on the legal conditions of the certificate is in the trial period of conditional
dismissal and expungement of the conviction.
(3) the person shall also be shown to be about rights and obligations
applicants for employment, and that it is in its interest, to no later than
three days came to the curator of the competent according to the place of social
of stay, where appropriate, to your employer.
(4) a prisoner shall be issued a confirmation of his release.
§ 14
(1) upon release from prison, the convicted person executes the output
medical examination and issue his stuff, valuables, money, personal
documents and documents in the custody of the prison.
(2) the conviction of prison be released daily from 08. 00 to
16.00 pm, and even those whom the sentence ends before 08. 00 hour
the following day.
(3) if propouštěný ill, move if necessary
transfer to the care of another provider of health services in accordance with the law
governing the provision of health services.
THE HEAD OF THE THIRD
SAFEGUARDING THE RIGHTS OF CONVICTED PERSONS AND THEIR SOCIAL STATUS
Catering
§ 15
(1) Prisoners who are not allowed to own preparation of coffee or tea and
do not exercise any of the disciplinary sanctions specified in § 46 paragraph. 3 (b).
(f)), g), (h)), the law provides at least twice daily warm water on the
the preparation of beverages.
(2) for the granting of a therapeutic nutrition, its nature and duration shall be decided by
doctor.
section 16 of the
Sentence, which due to its establishment or belief does not want
accept normal eating habits, to take on their own
the cost of the supplementary diet, where the conditions in the prison. If there is a
inmates granted therapeutic nutrition, may not be additional diet
conflict.
§ 17
Accommodation
(1) to store personal items, each prisoner shall provide
lockable cabinet. The person shall at any time allow employees
The prison service to check their personal things.
(2) in addition to the equipment, as provided for in section 16. 3 of the Act, must be
the room in which they are accommodated, equipped with a condemnation of the table and
chairs in the amount corresponding to the number of guests.
(3) the presentation of the bedrooms, beds, cupboards and storage areas
personal effects of inmates shall be decided by the prison director. Inmates can be
allow a reasonable individual aesthetic editing rooms, in which
are accommodated.
(4) to the maintenance of order, cleanliness and hygiene in dormitories and other
the premises of the hostel with the prisoners issue in the required amount of regular
cleaning agents and disinfectants.
(5) if the accommodation rooms, must be equipped with social
the device, which contains a toilet and a sink with running drinking water.
The toilet must be separated from the remaining space of the cell at least
opaque curtain. Into each cell must be introduced electric
lighting and signalling (call).
(6) in the accommodation rooms designated for the accommodation of inmates on more must
one of the convicted person to feel the accommodation area at least 4 m2. The cell or
the bedroom accommodation designed for only one person may have the accommodation area
less than 6 m2. Place the convicted person in the room intended for the accommodation
more accommodation of convicted persons, which falls on him the accommodation area
less than 4 m2, can be used only if the total number of convicts
carrying out the punishment in prisons of the same base type within
of the Republic exceeds the capacity of the prisons set to one
the prisoner seemed accommodation area at least 4 m2.
(7) two-storey beds can be taken, if only between the loading surfaces
the lower and upper beds maintained distance of at least 80 cm and on the
one of the convicted person to feel at least 7 m 3 of air. The upper berth must be
fitted with a washer that keep the dust.
The influence of
section 18
(1) Prisoners shall be provided clothing and other parts by
the annual period; about the wearing of seasonal outfit components decides
the Director of the prison. Inmates are obliged to care for their purity and
keep them in a proper condition for proper use; otherwise,
responsible for the damage caused.
(2) custom sports clothing and sports shoes may use conviction
only when the physical training and sports activities.
(3) Custom clothing and shoes may wear a conviction:
and in prison with supervision) and a prison for juveniles at the time of the visits, in the
participation in church services, and events outside the prison held within
the treatment program and in the output of the Department in nonworking time according to
its sole discretion,
(b)) in the prison with supervision in non-working time at its discretion.
(4) all convictions may wear his own underwear and socks.
(5) clothing, footwear, underwear and socks, keep in
purity at its own cost.
(6) for the non-business hours for the purpose of wearing your own clothes and footwear
all the time outside of the stage in the timesheet for July
implementation of the activities of the programme of treatment referred to in § 36 odst. 3 to 6.
§ 19
(1) the exchange of personal detention shall be carried out at least once a week,
prison clothing or shoes and prison bed linen
once every 14 days.
(2) the exchange of their own clothing, clothes or footwear shall be effected by sending
mail or visits to the convicted person.
section 20
Walks
(1) the purpose is to secure the prisoner walks daily fresh
air and active recreation; condemnation of them participate by
self interest.
(2) the Walks are held in the walking areas. A walking
space is the space of the prison, which can be equipped with a construction
technical security adequate type of prison.
(3) the Time for walking shall be defined in the timetable of the day which is part of the
the internal regulations.
(4) the sick convictions held with the agreement of the attending doctor, walks
and according to his recommendations.
(5) the walk can be limited or revoked only reason on
the basis of the decision of the Director of the prison or by authorised staff
The prison service.
(6) during the walks may conviction of sports; on a leave must
have clothing and shoes adequate weather conditions.
section 21
Personal hygiene
(1) a prison is required to create the proper conditions for the respect of personal
hygiene of prisoners so as to ensure the daily washing, regular
shaving and hygiene.
(2) Bathing with prisoners will allow at least twice a week. If it
the work requires the inclusion of convicts or other circumstances, allow the
bathing more often. For swimming in the conditions of imprisonment shall be deemed
showering with hot water. If, for operational reasons, or the energy
Unable to secure the temporary swimming must always be assured possibility
proper washing in warm water.
(3) according to the needs of inmates are generally once a month free of charge
stříháni. Hair and beard convictions keep clean.
(4) a prisoner who does not have the basic hygienic means or cash
resources on their purchase, the prison administration shall provide the basic
the public health needs in the necessary quantity and assortment.
section 22
Personal leave
(1) Personal leisure time means the time that they have available after conviction
the fulfilment of the activities of the treatment programme, the time required for personal hygiene,
cleaning, catering, a one-hour walk, an eight-hour time to sleep
and activities resulting from the operation of the prison Organization (e.g..
audit staff, housekeeping, and other similar activities necessary to
ensure the daily operations of the prison).
(2) in a personal leave of absence, the person of their choice within the time
the schedule of the day dedicated to self-education, meeting the spiritual and
cultural needs, extracurricular activities beyond the program of treatment or
the rest.
(3) the activities held at the time of personal leave shall not be in conflict with
the internal regulations and the purpose of the enforcement of the sentence.
section 23
Health care
(1) the health services to inmates in its prison service provides
medical facilities and, if necessary, in
cooperation with other providers of health services.
(2) If the State of health of the convicted person requires the provision of emergency
health care and if it is not possible to provide it in a healthcare facility
The prison service, prison service authority must be separate medical
emergency service or emergency medical service.
(3) in the event that the doctor or medical emergency services provider
Medical rescue service ordered the transportation in order to provide
outpatient or inpatient care at the nearest health care facility to another
authorized provider of the necessary health services to provide, or to
hospitalization in a hospital inpatient care, Prison
services, are his instructions on how to perform this procedure, the authorities of the prison
service binding and must be fulfilled without delay.
(4) the rejection of the diet of prisoners must be notified immediately to the doctor,
that the State of health of the convicted person continuously checks and decides on
How to supervise his health, and State representative
shall exercise supervision over the performance penalty.
(5) for inmates in acute mental distress is hereby established in the prison crisis
the Department.
(6) the convicted person who, owing to his mental state endangers yourself
or, on the basis of the recommendations of the doctor's place on the strictly necessary
for the specific cell that is part of the Emergency Department.
(7) on the basis of own applications the condemned non-smoker places always
separately from the convicted smokers.
section 24
Merge
(1) a prisoner may receive and send correspondence only
by the holder of the licence by mail (hereinafter referred to as "the postal
the Office ").
(2) the Director of the prison, the prison service staff (usually
educators) without the consent of the convicted person can check the contents of the
Merge
addressed to the prisoner, and)
(b)) sent by inmates
In addition to the correspondence referred to in § 17 paragraph. 3 of the Act; staff credentials
The prison service authorized to inspect the correspondence of convicts with
publish in the internal regulations.
(3) the correspondence of convicts in an accessible place to establish
lockable mailbox, into which her convictions can insert, if it
neodevzdají educators. In a sealed envelope to be cast only
the correspondence referred to in § 17 paragraph. 3 of the Act. The Clipboard will be selected daily
in working days. Correspondence in English and foreign language
the correspondence, which the prison can check their own resources and
that does not create the suspicion that it is prepared or perpetrated an offence,
must be sent without delay, at the latest on the following working day.
(4) Correspondence in the Czech language and foreign language correspondence
You can check the prison by its own means, to
he passes sentence on the same day, when it was taken from the mail
the Office shall not give rise to the suspicion that the content is being prepared or perpetrated
the offense.
(5) in the case of foreign language correspondence other than those mentioned in paragraphs 3 and 4 of the prison
without delay take the measures necessary for the performance of control and speed
delivery, taking care to preserve the secrets of the messages contained in the
correspondence.
(6) Correspondence, in which it condemned the appeal within the meaning of
law and the prison service is known, this fact must affix the
authorized employee of the prison service presentation stamp of prison and
the date of such filing was made. At the request of the convicted person to him
authorized employee of the prison service will confirm the receipt of such a submission with
indicating the date of receipt.
(7) the administration of the prison records all correspondence as referred to in section 26, paragraph.
1 of the Act and in section 34 paragraph. 1. the other merge records only
If it is sent by registered mail; registered mail is a prisoner
passes against the signature.
(8) the person may retain for himself about the correspondence in the amount
the corresponding options in its assigned locker. In the case of
that person so requests, the prison management is obliged to give him all he
correspondence addressed to the store.
(9) if the written communication accompanied by things other than books, daily
print, magazines and things necessary to conduct routine correspondence, shall be deemed to
the consignment for a package within the meaning of section 24 of the Act.
§ 25
The use of the phone
(1) before allowing them to use the phone, the employee is authorised by the Director of the
a prison shall be obliged to check the accuracy of the information contained in the application
of the convicted person.
(2) to call on the allowed phone number
the person asks the guardian. Any request by the convicted person
the call is recorded.
(3) the Permission of the prison service to get the contents of the phone calls is
carried out as a rule by checking record phone calls on the recording medium,
exceptionally, the Director of the prison's authorised direct interception by an employee
The prison service. If the contents of the phone call, it is based
prepared or perpetrated a criminal offence, the prison service shall transmit the record
call authority acting in criminal proceedings, in the case of direct
the interception call interrupts and notify event.
(4) where the prison service when checking record phone calls or
direct interception, that person communicates with your attorney or a person
referred to in § 17 paragraph. 3 or § 61 paragraph. 9 of the Act, is required to call interception
immediately cancel the record about its content and information in this
context aware, do not use.
(5) all the phone calls of the convicted person are recorded.
Visit
section 26
(1) Visit the inmates are organized in time of day usually in the
days off or holidays.
(2) an employee of the prison service before the visit to instruct the convicted and
visitors of the laid down rules of conduct when visiting and permissions
a visit to interrupt or prematurely terminate, if the person or
visitors through the warnings violate the order, discipline or security of the
the prison (§ 19 paragraph 9 of the law).
(3) entry to the premises of the prison reserved for the conduct of visits
sentenced to 15 years, will allow visitor to the elder after the submission of the
a valid identity card, passport or other identity document
issued by a foreign State, which the Czech Republic recognizes as valid. Input on the
the basis of the loss of identity card will not allow, if it is not
bear photos.
(5) prior to the start of and after the end of the visit by the convicted person performs
a personal tour of the [section 28 (2) of the Act)], by a person of the same
sex.
section 27 of the
(1) for visitors to inmates is suitably equipped waiting room. In
the waiting room is available to the law, this Decree, rules of procedure and the basic
information, in particular on the financial and material terms
convicts and securing health care for them.
(2) the adoption, as well as refusal to visit inmates or persons
the visit was allowed, is registered.
section 28
(1) Visit of urgent family or personal reasons, the Director may
prison or authorised employee of the prison service to allow more often and
outside of the originally specified time. If the prison director or his authorized
an employee of the prison service enables inmates to take a visit to the other
than close person (article 19, paragraph 4, of the Act), this does not count the visit
between the visits of close persons.
(2) the Unexpended period of visits provided for in § 19 paragraph. 1 Act
does not convert into the following calendar months.
section 29
Meeting the cultural needs
(1) Books, newspapers, magazines and things necessary to conduct regular
correspondence can also be sent to the prisoner his relatives or other
of the person. On their transmission shall not apply the restrictions referred to in section 24, paragraph. 1
the law. If the consignment of books, newspapers, magazines and things
required to lead normal correspondence accompanied by other things, it considers the
the consignment for a package within the meaning of section 24 of the Act.
(2) the operation of the prison library and within their capabilities
secures its equipment commonly available beletrií, religious and
scientific literature, including the Basic Law of the individual
the legal sector. A prisoner is to select books from the library
the prison according to his interest, spiritual needs and beliefs.
section 30
The use of other things
The prison director or authorised employee of the prison service decided
on the possibility of purchasing, sending, or importation and the use of other
things having relationship to provide continuing education, treatment programme,
where appropriate, the extracurricular activities of the convicted person and lays down the conditions under which
other things you can use. In the case of appliances with a wattage
more than 60 W, the Director of the prison shall conclude with the written agreement of the inmates
payment of the flat-rate compensation for the consumption of electricity.
section 31
Buying food and goods for personal use
(1) the sales outlets of the prison time down so that a conviction could
take advantage of the law to buy usually twice a week.
(2) the prices of the goods in the shop of the prison shall not exceed the price of the usual in
the village, in whose territorial jurisdiction the prison is located.
(3) the basic personal needs can be prisoners referred to in section 16. 8
the Act to provide in the form of vouchers for their purchase.
(4) purchase of reserved drugs ^ 3) and medical devices can be
take place only after prior written consent of physician
The prison service.
The adoption of the package
§ 32
(1) to comply with the interval for the adoption of the package in accordance with section 24, paragraph. 1 of the law
a prisoner shall be issued a certificate of its law on the adoption of the package with the
the lesson for the sender of the package on the scope of permitted things.
(2) the Certificate Issued shall be registered.
(3) the confirmation of the acceptance of the package ends, or considered
per package (section 24, paragraph 9), or by issuing a new certificate.
(4) package will be forwarded to inmates only on presentation of a valid
confirmation.
(5) a package can be sent by post or forward during the visit.
section 33
(1) in the event that a package contains valuables, money, arms and ammunition,
mobile telecommunications equipment, telecommunications and radiocommunications
the technique, recording and computer equipment and its components, addictive
substances, including chemicals, plants, or to their preparation, poisons, food
designed for athletes and for persons at increased physical performance, explosive
or pyrotechnic substances, explosive objects, the bottom of an explosive systems,
Pharmaceuticals, alcoholic beverages (including beer), products containing alcohol and other
volatile substances, products in glass packaging, food subject to rapid
perishable products in pressure containers (aerosols), printed materials or materials
promoting national, ethnic, racial, religious or social
intolerance, movement towards the Suppression of the rights and freedoms of man,
violence and cruelty, printed materials or materials containing the description of the production and
the use of poisons, explosives, weapons and ammunition, as well as printed matter or
materials containing the description of the production of addictive substances, or in the event that the
the person refuses to take over the package, package, or nepředaná
the part of the sender, if the contents of the package shall not confer or its nepředaná part
reasonable suspicion of having committed an offence or other misconduct
or a crime by the sender of the package as a new shipment costs
the convicted person, if not to return when visiting. Based content
package or its nepředaná part of the reasonable grounds to suspect of having committed
offence or other misconduct or a criminal offence
the sender of the package, the package or its nepředaná section, together with the
the notification shall transmit to the authority of the Police or another competent authority, and if it is
on the suspicion of a criminal offence, the competent authority acting in the criminal
the proceedings.
(2) the non-transmission of the package or part of a record shall be drawn up stating the
because non-transmission, with the content of the record to the person against signature.
(3) the adoption of the package, including information about its weight and damage or
the integrity of the package, if the package was sent by post to, the person shall confirm the
in the book the transmitted packages.
§ 34
Protection of the rights and legitimate interests of convicts
(1) the Complaints and requests to exercise their rights and legitimate interests may
the person addressed as State authorities of the Czech Republic,
international bodies and organisations, which are on a global and
European level, considered as part of the process of obtaining and examining
information about violations of human rights.
(2) International institutions and organizations referred to in paragraph 1 are
in particular:
and the Committee for human rights), Geneva,
(b)), the UNITED NATIONS Commission on human rights, Geneva,
(c)), the Office for human rights, Geneva,
(d)), the Committee for the Elimination of racial discrimination, Geneva,
(e)), the Committee against torture, Geneva,
(f)) of the UN Commission for the status of women, Vienna,
(g)), the Committee for rights of the child, Geneva,
(h)), the UN High Commissioner for human rights, Geneva,
I) the UN High Commissioner for refugees, Geneva, including branches in Prague,
(j)), the European Court of human rights, Strasbourg,
to the Committee for the prevention of torture), Strasbourg,
l) High Commissioner for national minorities of the OSCE, the Hague,
m) the OSCE Office for democratic institutions and human rights, Warsaw,
n) Amnesty International, London, including branches in Prague,
about) the International Federation of human rights, Paris,
the International Helsinki Federation, p) for human rights, including the branch in
Prague,
r) the international society for human rights, Frankfurt,
with) the International Romani Union, Texas,
t) International Committee of the Red Cross, Geneva, including branches in Prague.
(3) in the prison where prisoners are commonly available installed
lockable mailbox, into which a conviction can throw
the correspondence referred to in section 26, paragraph. 1 of the Act. Selected in Clipboard
working days of the day the Director of the prisons specified by an employee of the prison
services, which otherwise does not come into direct contact with inmates.
Correspondence must be sent to the addressee without delay, at the latest,
the following working day.
(4) construction of lockable mailboxes for correspondence referred to in section 26
paragraph. 1 law must prevent unauthorized persons tampering with her
the contents of the.
(5) requests and complaints to the implementation of their rights and legitimate interests of the
served in sealed envelopes.
(6) for an interview with the persons referred to in section 26, paragraph. 2 of the Act of the person may
ask in writing or orally. Such request shall be notified to the addressee
no later than the following working day. The Prosecutor, who performs the
supervision of the performance of the sentence must be in case of the presence of the prison
notified of the request of the convicted person to the conversation immediately.
(7) the prison shall set up a special room adequately equipped for the
interviews of inmates with their lawyers. If the lawyer fails to notify
visit for at least 24 hours in advance of the convicted person, as a rule,
in the non-business hours of the convicted person. In the event that it is necessary to verify the signature
the convicted person, may attend such visits and the notary or authorized
a worker of the municipal or regional authority ^ 2). The provisions of § 26 paragraph. 1, 2,
3, section 27 and 28 shall not apply to such visits.
(8) If the person requests an interview of the Director of the prison, he must be
such an interview given at the latest within one week from the date when the
the prison director on the application is informed, in urgent cases,
without delay. The urgency of the case by the prison director shall examine the reasons
listed in application.
section 35
Protection of inmates against the violence and humiliation of the human
the dignity of the
(1) where a member of staff of the prison service, that is endangering the right to
the convicted person on its protection against unjustified violence, any
acts of humiliation of human dignity and the insults or threats, or
He shall notify the person of such negotiations, it is obliged to do so without delay,
the necessary measures to prevent such acts, and at the same time notify the
the fact to the Director of the prison.
(2) Every person is obliged to ensure respect for the rights of others
inmates (paragraph 1), and in the case of their violation,
It shall immediately inform the employees of the prison service or directly by the Director
the prison.
(3) the Director of a prison shall promptly investigate each thoroughly and
report, letter, or other information relating to the violation of the rights of
convicts and take effective measures to prevent the continuation of
violations of these rights.
(4) If it has been demonstrated or is a reason to suspect that the Act
referred to in paragraph 1, committed
and an employee of the prison service), the Director of a prison shall ensure that until the
examination of the case, such an employee didn't come into direct contact with
the prisoner,
(b) the convicted person, the Director of the prison), shall adopt measures to ensure that such person
could similar negotiations continue and to ensure the safety of the
both of the convicted person, whose rights have been violated, so the convicted person that
such negotiations, he said.
(5) the Director of a prison shall ensure that inmates due to the
psychological characteristics, age, health and physical status, and other
identified above may be the victims of violence and humiliation of the human
dignity, were housed separately from inmates with aggressive
inclinations; in doing so, in particular, the doctor uses the knowledge, psychologist, sociologist,
Special educator, social worker, chaplain, and educators.
THE HEAD OF THE FOURTH
REALIZATION OF THE TREATMENT PROGRAMME AND THE EMPLOYMENT OF CONVICTS
Realization of programs of treatment
section 36
(1) the prison on the basis of a comprehensive report, the program selects the treatment, which
for the convicted person considers appropriate. While tracks in particular, minimize the
the identified risks that had or have a link with the criminal
activities, where appropriate, may have an impact on crime in the
the future.
(2) the treatment of the prisoners is broken down into
and work activities)
(b)) educational activities,
(c) the special educational activities),
d) activities,
(e)) the shaping of external relations.
(3) the work activities of the treatment programme means
and employment)
(b)) of the work needed to ensure daily operation of the prison (§ 32 paragraph.
2 of the Act),
(c)) occupational therapy, led by employees of the prison service with the necessary
vocational education.
(4) educational activities the programme of treatment means
and training organised or realised) middle vocational school,
(b)), led by education or controlled the imprisonment unit staff
(Department of detention and imprisonment),
(c) education in correspondence courses) and a network of basic,
secondary, higher vocational or higher education institutions of the Czech Republic.
(5) the Special educational activities the programme of treatment means
social, special pedagogical, psychological and therapeutic effects
led by the staff with the necessary vocational education, focusing in particular on the
and) the causes and consequences of committing criminal offences,
(b)) the risks and needs of kriminogenní,
(c) the personality of the convicted person, or)
d) change attitudes, thinking and behavior of the convicted person.
(6) the activities of the programme, the treatment of interest means the forms
individual and group extracurricular activities organized and led by the
staff with the required professional qualifications, which develop in accordance with the
the purpose of the enforcement of the sentence skills, knowledge and social skills
the inmates.
(7) in the implementation of the treatment programme is required to take advantage of what prison
the widest range of forms, methods and resources that require active
access of the convicts and contain elements of self-service.
(8) Programs dealing with individual inmates approved Director
prison or his representative.
§ 36a
(1) a prisoner with low risks shall be the minimum program
the treatment, in which the emphasis is on the work and activities of interest.
The minimum treatment program is characterized by less professional
the intervention.
(2) a prisoner with medium to high risks to the programme
the standard treatment, in which the emphasis is on work activities and
educational. The program is characterized by a high standard of treatment
the degree of professional intervention and activities generally targeted.
(3) a prisoner with high to very high risks to the programme
special treatment, in which the emphasis is on activities specifically
the educational and educational. A special treatment program is characterized by the
greater degree of professional intervention and activities specifically educational.
(4) a prisoner, which is, due to the length of the sentence or the need for assistance
in creating favourable conditions for the self-sufficient way of life in the
accordance with the law, to be prepared for life after release from the performance of
the sentence of imprisonment shall be the program output.
(5) a regular part of the treatment program, according to the options and menus
the prison of extracurricular and leisure activities.
(6) the activities referred to in § 36 odst. 3 to 6 can be combined, so that
treatment programme has been drawn up in the individualizovaně. If
There are more variations of the treatment programme, which are ultimately
equivalent, to allow inmates the choice of specific variants. The adoption of the
treatment programme, confirming the person's signature.
§ 37
The person refusing to sign adoption program treatment
be included in the programme, the basic incentive treatment, which puts
the emphasis on compliance with the order and safety activities
corresponding to the State of health of the convicted person. The incentive program is
characterized by individual degree of professional intervention in order to motivate
the convicted person to change attitudes and behavior.
section 38
(1) the success of the implementation of the treatment programme of the prisoner in the objectives,
individual activities, good order and discipline shall be assessed once a rule
and) per month in a prison for young people,
(b)) for two months in prison with supervision and surveillance and in the output
departments of prisons with security and with increased security,
(c)) for three months in the prison with security,
(d)) for six months in prison with increased security.
(2) the person is shown to be acquainted with the results of the evaluation
the staff of the Prison Department (Department of detention and imprisonment).
(3) when evaluating the treatment programme updates in accordance with the degree of
and the success of its implementation. Convicted on the update program
the treatment involved. Updates of the treatment programme is also changing variants
the treatment program.
section 39
(1) the evaluation of the success of the implementation of the treatment programme is part of the
a comprehensive evaluation of the fulfilment of the purpose of the enforcement of the sentence.
(2) the proposal for the reclassification of the convicted person to a prison of another type with handles
on the basis of a comprehensive evaluation of the fulfilment of the purpose of the enforcement of the sentence. A proposal from the
the Court shall report to the Director of the prison as a rule on the basis of the recommendations of the expert
employees.
(3) recommend to the Director of the prison technicians filing for
the reclassification of the convicted person to a prison with a more moderate way external guarding
and ensure safety, if there is a comprehensive assessment of the fulfillment of the purpose
the sentence of the convicted person, positive, and if the options have been exhausted
When you update the prison treatment programme.
(4) the Director of the prison technicians recommend the submission of the proposal on
the reclassification of the convicted person to a prison with a more restrictive manner in the outer
guarding and security, if it has been demonstrated that the
and the person refuses to accept) or fails to comply with the program of treatment for
at least three consecutive assessment periods, or
(b) the person commits in the prison) an offense or particularly severe
way to repeatedly fulfil the obligations or violates the prohibitions provided for in §
28 of the Act.
(5) the performance of the treatment programme is in addition to the conduct of the negotiations, the positions of the
spáchanému crime and the sentence one of the crucial
the facts in the classification of the convicted person in any of the three prostupných
groups of internal differentiation.
(6) in the first group of internal differentiation, permeable to be classified
convictions, who mostly actively carries out the treatment programme and its more
obligations and behave and act in accordance with the internal regulations.
(7) in the second group of internal differentiation, permeable to be classified
convictions, who partially fulfilling the program of treatment and largely behave
and shall act in accordance with the internal regulations; This group is intended as a general rule
as the input for the emerging performance penalty.
(8) in the third group of internal differentiation, permeable to be classified
convictions, who mainly
and refuse to accept or fulfil) treatment programme,
(b) fails to comply with its obligations,)
c) behave and act in contravention of the internal regulations.
(9) the Permeable internal differentiation group consists of a complex system
the positive motivation of inmates. In the internal procedure lays down more detailed
the conditions of internal differentiation, so that person could be during the performance
the sentence on the basis of changes in access, the performance of the treatment programme, the implementation of the
duties and conduct, and act in accordance, or inconsistent with the internal regulations
gradually, classified in each group.
(10) on the classification and the classification of the convicted person to the permeable group
internal differentiation shall be decided by the prison director or his representative on the
the basis of the recommendations of the professional staff (§ 8 paragraph 1), generally when the
evaluation of the treatment programme.
section 40
(1) in addition to the activities listed in the programme of the person at the time of treatment may
the defined internal regulations to meet your needs
the use of the prison library and),
(b)) print collection of books and publications,
(c) the issue of own shares) of the magazine of the convicts,
d) monitoring of radio and television programmes,
(e) participation in other activities) of education and extracurricular activities
arranged by the prison.
(2) when the mediation activities leading up to the meeting the needs
the inmates referred to in paragraph 1 is required to use the prison
the widest range of forms, methods and resources, with an emphasis on those that
require active access of the convicts and to minimize the risks,
that should, or in connection with the crime, or may have
impact on crime in the future.
The employment of inmates
§ 41
(1) the person is included in the work of the decision of the Director of the prison, and it
as a rule, on the basis of the recommendations of the professional staff (§ 8 paragraph 1) and the
taking into account the expertise of the convicted person, the prohibition of a prisoner
certain activities, or the impact of a policy or security in the
the prison.
(2) the obligation to work does not apply on the convicted person
65 years and older),
(b)) which is a beneficiary of a disability pension for disability of the third
the degree,
(c) the State of health does not allow) whose permanent jobs
(d) the work being unable, temporarily)
(e) if the nature of the obstacle) shows that his work
excluded.
(3) refusal to work prisoners, which was included in the work, is a serious
violation of the obligation of the convicted person, which is usually derived from the stores
disciplinary punishment. In the case of a refusal to work with the person usually places
at a time when it should work separately from other inmates, and
He allows only activities to minimize the risk, which should
or in connection with the crime, where appropriate, may have an impact on the
committing crime in the future.
(4) the provisions of the preceding paragraph does not apply to inmates who took
back your consent to be included in the work for foreign entities referred to in section
30 paragraph. 4 of the Act.
section 42
The prison director is entitled to under labour legislation to allocate
working hours of convicted persons, or require them to work overtime; is
in particular, be authorized to adjust the working hours of convicted persons, so that the same
with the working time of workers of the employer. While mandating work
overtime the prison director shall take into account the length of the sentence, which has convicted in
calendar year to perform.
§ 43
(1) convicted, who were enrolled in the work, is generally divided into
the working groups; leaders of these groups determines the prison director or
authorised employee of the Department of sentence (detention
and punishment).
(2) the conviction of the working groups to be classified and reclassified in accordance with
the purpose of the enforcement of the sentence. The reclassification of the convicted person to another working group
shall be decided by the prison director.
§ 44
(1) Before their inclusion in the work must be demonstrably familiar with
their rights and obligations, as well as with the regulations to ensure the safety and
the protection of health at work and fire protection regulations is required to
When working. Before their inclusion in the work, or during the inclusion
to work, if it is justified, the person will be subjected to a medical
the search warrant; to pursue the work of the person may be included, if it is to exercise
the work of the disabled eligible or is qualified with the condition.
(2) the person must be trained for the performance of the works, which have been
přikázány, if their characteristics so require; the length and scope of training
are the same as for other employees of the employer.
(3) for prisoners who have the ability to organize professional
the training focused on improving their qualifications.
(4) supervision of the work activities of the inmates held on all
workplaces, both inside and outside the prison, the Prison shall be exercised by a designated staff member
the service.
(5) to address issues of work organisation and the implementation of work tasks
with the working groups organised by the inmates usually once a month
the meeting with the participation of the responsible workers of the employer.
section 45
(1) Prisoners, for which it can be assumed that misuse can be
include in the unguarded working groups.
(2) Prisoners in the prison with the executing the punishment or prison with supervision
the supervision of the prison director may allow free movement outside the prison when
the performance of the Working tasks. To this end, the prisoners issue laissez-passer
with the space in which they can move in a specified time.
section 46
Education of inmates
(1) the education of inmates is part of programmes dealing with
those convicted. Education usually provide remote offices
the middle vocational school. In the prisons, in which they are not established
branch offices of middle vocational school provides education
the inmates Department of imprisonment (detention and punishment).
The person must be in a specific training programme
medically eligible.
(2) for the provision of compulsory schooling of minors convicted
cooperate with the competent authorities of the prison service schools and authorities
State administration and self-government in education.
(3) the documents on education of convicted persons must not be seen to have been
obtained in prison. Convictions, who has completed studies in time
imprisonment, have the right to complete the study in the appropriate school.
(4) a convict in prison with executing the penalty, prison with supervision
supervision or juvenile prison, the prison director may allow free
movement outside the prison to attend school.
(5) the inmates sampled some of the forms of training prison
create the appropriate conditions for the study, and both the spatial and
of the business.
THE HEAD OF THE FIFTH
ENSURING ORDER AND SAFETY IN PLACES OF IMPRISONMENT
Ensuring order in places of imprisonment
section 47
(1) the conviction are in contact with other persons required to comply with the principles of
of conduct used in ordinary social intercourse. In contact with
an employee of the prison service, an employee of a public body or other
a citizen of the salute in the manner used in ordinary social contact,
call it the words "Mr." or "Ms." with the connection function, or
last, if they are known to them, and vykat them.
(2) inmates are required to behave decently, also to other inmates and
address is the way used in ordinary social intercourse.
(3) Inspection carried out in the interest of ensuring the internal order and the
security in the prison means, in particular, a tour of the personal, technical
or inspection of the goods and baggage.
section 48
In the premises of the prison and in personal matters are required to
maintain order and cleanliness of the corresponding hygienic standards. Cleaning
the work, editing environment, jobbing work for kitchen and other auxiliary
the work needed to ensure daily operation of prison sentencing
exercise of the right to work without remuneration. At the time, inmates walks
such work requires only exceptionally, if required by the Special
the situation.
section 49
The provision of external security in places of imprisonment
(1) in the prison with supervision and prison with supervision, with the exception of the Department of
established in prisons for juveniles, prisons, prison, prison
with increased security (article 8, paragraph 3, of the Act) or in prisons,
are not used, special construction and the technical means nor the armed
guards to prevent the escape of convicted persons. Control and supervision of the activities of the
the inmates are entrusted to educators and in prison with supervision, whether or not
the peacekeepers.
(2) the juvenile in the prison, the prison, the prison and the prison
security are used special engineering resources and
armed guards to prevent the escape of convicted persons.
section 50
Locking inmates
(1) if the conditions in the prison are convictions during
an eight-hour sleep period (article 16, paragraph 5, of the Act) in the cells uzamykáni
or in bedrooms.
(2) the period for which the conviction uzamykáni in the cells or in the bedrooms,
may be the Director of prisons in justified cases extended with
taking into account the requirements of the maintenance of order and security in the prison.
The reasons for the longer period of locking are listed in the internal regulations of the prison.
section 51
Internal security in the prison with supervision
(1) in the specified areas of the prison move convictions without restriction.
(2) a conviction usually work in workplaces outside the prison, supervision
over their work activities performed by the educator at least once
a week.
(3) in the non-business hours, the inmates freedom of movement allows the outside
the prison, to participate in cultural and educational and awareness-raising actions,
sports, church services and visits to health care, rehabilitation
and similar equipment, on the basis of the authorization of the Director of the prison, which
decide whether they will be accompanied by an employee of the prison service.
(4) for the purpose referred to in paragraphs 2 and 3, the prisoners issue
the passes with the space in which they can move in
the down time.
(5) the inmates usually are carried out Visits without supervision
the employees of the prison service. In connection with the visit, the Director may
the prison once every two weeks to allow the inmates to leave the prison temporarily
for a maximum period of 24 hours; for the authorization of the temporary abandonment of the prison
a prisoner shall issue a certificate in the prescribed form, from which the
Obviously, where and what time may delay.
section 52
Internal security in the prison with supervision
(1) in the premises of the prison sentencing range usually an organised
under the supervision of the employees of the prison service.
(2) Prisoners, for which it can be assumed that misuse, may
the prison director to allow free movement inside the prison.
(3) conviction of work usually unguarded workplaces outside the
the prison, overseeing their work activities carried out by the Director of the prison
the designated employee of the prison service at least once per hour.
(4) the inmates, for which it can be assumed that misuse, may
the prison director to allow free movement outside the prison in the performance of the work
tasks; supervision of their work activities carried out by the Director of the prison
the designated employee of the prison service at least once a week.
(5) Prisoners, for which it can be assumed that misuse, may
the prison director to allow free movement outside the prison to visit
medical, rehabilitation, and other similar devices. The Director of the prison
decide whether they will be accompanied by an employee of the prison service.
(6) in the non-business hours, you can also organize events outside the prison;
If you are not the only action for prisoners referred to in paragraph 4,
always an employee participating in the prison service.
(7) for the purposes referred to in paragraphs 4, 5 and 6, the prisoners issue
the passes with the space in which they can move in
the down time.
(8) visits the prisoners are carried out without supervision
the employees of the prison service. In connection with the visit, the Director may
the prison once a month allow the inmates to leave the prison temporarily
for a maximum period of 24 hours; for the authorization of the temporary abandonment of the prison
a prisoner shall issue a certificate in the prescribed form, from which the
Obviously, where and what time may delay.
section 53
Internal security in the prison with security
(1) in the premises of the prison sentencing range an organised under the
the supervision of the employees of the prison service.
(2) Prisoners, for which it can be assumed that misuse, may
the prison director exceptionally to allow free movement in the premises of the prison when the
the performance of the Working tasks.
(3) conviction of a rule at work inside the prison or on the
guarded workplaces outside the prison.
(4) Conviction, for which it can be assumed that this misuse, may be
employed at unguarded workplaces outside the prison.
(5) supervision of the work activities performed by the Director of the prison inmates
the designated employee of the prison service at least once every 45 minutes.
(6) for prisoners referred to in paragraph 4 and the prisoners included in the
the output of the Department also organize events outside the prison, which is
always involved an employee of the prison service.
(7) the Visits of the convicts are carried out as a rule under the supervision
the employees of the prison service. In connection with the visit, the inmates can
referred to in paragraph 6, the Director of the prison every two months to allow
leave the prison temporarily for a maximum period of 24 hours; for the authorization of temporary
leaving the prison sentence shall issue a certificate in the prescribed
form, from which it is clear where and what time may delay.
§ 54
Internal security in the prison with increased security
(1) in the premises of the prison sentencing range an organised under the
the supervision of a member of the prison service.
(2) the conviction of working at workplaces within the prison or may appropriate
work to perform in the cells.
(3) supervision of the work activities performed by the Director of the prison inmates
the designated employee of the prison service at least once every 30 minutes.
(4) does not allow the free movement of prisoners are inside the prison or in the performance of
work tasks.
(5) the Visits of the inmates are made usually under the supervision of
a member of the prison service.
section 55
Internal security in the prison for minors
(1) in the premises of the prison sentencing range an organised under the
the supervision of the employees of the prison service.
(2) a conviction usually work at workplaces within the prison.
(3) the conviction, for which it can be assumed that this misuse, may be
employed at unguarded workplaces outside the prison.
(4) supervision of the work activities performed by the Director of the prison inmates
the designated employee of the prison service at least once every 30 minutes.
(5) for prisoners to organize events outside the prison, and them
always involved an employee of the prison service.
(6) visits the prisoners usually are carried out under the supervision of
the employees of the prison service.
THE HEAD OF THE SIXTH
THE MEANS TO ACHIEVE GOOD ORDER AND DISCIPLINE
General provisions
section 56
When granting rewards and sentencing must be respected, educational
the policy, which strengthens the educational effect of the granted remuneration or
imposed discipline punishment, in particular the principle of individualization,
proportionality, fairness, consistency and escalation.
§ 57
Rewards
(1) for granting rewards shall record on the prescribed form which
then spawns to the personal file of the prisoner. The granting of rewards, its
the nature and reason for the grant is recorded in the personal card of the convicted person.
(2) the Praise with a prisoner by word of mouth, either individually or
before a group of convicts.
(3) visit to extremely increased the time [section 45, paragraph 2 (b)) of the Act]
can be enabled as the persons close to other people as well.
(4) a one-time purchase of food and things of personal use cannot be enabled
If the convicted person in the custody of the prisons less amount of money than the
the estimated price of the fare to the place of residence and the amount of the subsistence expenses of one
a day at the time of release from imprisonment.
(5) an allowance can be increased by releasing the appropriate amount of storage.
(6) the Financial reward may be doomed to use as pocket money, ask for her
Save on your account set up and led by the prison or send adult
the person you designate.
(7) personal days to sports, cultural or leisure activities cannot be
expand at the expense of an eight-hour time to sleep, time necessary for personal
hygiene, cleaning, catering and one-hour walks.
(8) in deciding about the interrupted sentence and for permission to temporarily
to leave the prison in connection with a visit or treatment with
the inmates of the prison director shall take into account the degree of distortion of the convicted person,
the nature of the crime, for which he was convicted, the length of the sentence and the
his nevykonaného the rest of the prison, the type in which it condemned the penalty shall
and his behavior in the course of the enforcement of the sentence.
Disciplinary punishments
section 58
(1) a disciplinary punishment is to be decided as soon as possible after
findings of the disciplinary offence and its proper clarification.
(2) for the offence, the prisoner's kázeňském draws up a record on the prescribed
of the form. Of the record must be clear, specific details of the negotiations, in which the
is fond of disciplinary offence, including the place, time, manner of
committing the offence and the circumstances in which the offence was committed,
where appropriate, also implied the motives of such negotiations. The record of the
kázeňském offence and disciplinary punishment after his execution
for inclusion in the personal file of the prisoner. Disciplinary punishment, his
kind of store and the reason shall be recorded in the personal card of the convicted person.
(3) in proceedings for an offence is the burden of kázeňském means everything can
to contribute to the elucidation of the deed, in particular, the findings of the employee
The prison service, the testimony of inmates and other persons, things, documents and
inspection. The evidence must be marked more specifically, and in such a way,
so that you can examine. If the burden of the means of dismissal
witnesses, give a brief synopsis of their evidence with their own
signature. The confession of the convicted person does not deprive the competent staff
The prison service obligations to examine and verify the resources available
all the circumstances of the offence.
(4) before the imposition of disciplinary punishment shall be allowed to sentence
to the matter. Expression of the convicted person shall indicate on the prescribed
form and submit it to the signature sentence. If the person refuses to
representation of the sign, the competent employee of the prison service of this
the fact, including the reasons for rejecting and appends the date and your signature.
(5) a disciplinary punishment may be imposed, if the fault of the convicted person. When
deciding on the disciplinary punishment is an employee of the prison service
obliged to take account in particular of the seriousness of the disciplinary offence and
the circumstances under which it was committed, as well as to the actual behavior
of the convicted person. Disciplinary offence can be addressed also to educational interview without
disciplinary punishment; This fact shall be indicated in the record of the
kázeňském offence. A decision on disciplinary punishment is issued
in writing and shall in addition to the statement and the reasons also include lessons on appeal
resource. A convicted person shall confirm the notice of the decision. If he refuses,
proceed similarly as when the person refuses to sign their
expression.
section 59
A complaint against a decision of a disciplinary penalty (section 52 (1)
the law) may be filed in writing or orally. If the complaint is made in writing,
It shall indicate the date of its receipt by the employee of the prison service. About
complaint submitted orally shall be made on the prescribed form in which the record
shall be substantial grounds for the complaint and the date of its submission. The complaint
can be directed against disciplinary punishment, and against his
the type and amount.
section 60
(1) where a complaint against a decision of a disciplinary punishment is made
within the time limit, the competent employee of the prison service must
to examine whether there is evidence that the deed, in which is seen
disciplinary offence, whether it was committed by the person, whether this deed
is disciplining offence, as well as other relevant factors. At the same time
examine whether the disciplinary authority is not exceeded the prison staff
the service, which the disciplinary penalty imposed.
(2) an employee of the prison service, which is empowered to decide on the
complaints against a decision imposing a disciplinary penalty,
and rejects the complaint, was) the fault of the convicted person is submitted late, the
(b) reject the complaint if it) is committing a disciplinary offence
the prisoner and his proven fault and saved disciplinary punishment is proportional to the
the severity of the committed offence and is in accordance with the purpose of imprisonment,
(c) disciplinary punishment, changes) if the disciplinary offence is committed
the prisoner and his proven fault, but the punishment is not saved in the disciplinary
accordance with the purpose of imprisonment; If the competent employee of the prison
the type of service or the amount of the penalty imposed discipline, must be new
disciplinary punishment always milder than the one that was originally derived from the
stored,
(d) disciplinary punishment) cancels the stored, have not been sufficiently clarified all
the facts that are significant for the disciplinary punishment, or
If the existing evidence for the lack of decision and returns the matter to the
new kázeňskému management employees of the prison service, which disciplinary
the penalty imposed. In the framework of the new disciplinary proceedings cannot be derived from the save
disciplinary punishment more severe than that which was originally saved; against the new
the decision of the disciplinary punishment of the person has the right to
the complaint,
(e) the disciplinary penalty imposed) cancels, unless it is established that the convicted person
disciplinary offence committed.
(3) the decision on the complaint against the decision on the imposition of disciplinary punishment
an employee of the prison service in the prescribed form, in writing, reasons.
section 61
When you change or cancellation of the decision on the imposition of disciplinary punishment under section
60 paragraph. 2 (a). (c)), and (d)) originally stored disciplinary punishment if the
He was already partially executed, be counted against a newly imposed discipline punishment.
It is not possible to set-off, taken into account in the determination of this fact
the type and area of the newly imposed discipline punishment.
The exercise of disciplinary punishment
section 62
(1) a Reprimand, the sentence by word of mouth, either individually or in front of the
a group of inmates.
(2) the amount of the allowance is reduced by saving the disciplinary punishment
reduce hair loss, is transferred to the storage.
(3) you can only Disable acceptance of one package in the calendar year.
(4) a disciplinary penalty fine of up to CZK 5 000 saves the prisoner
as a rule, a serious or repeated breach of the obligations.
The performance of this punishment is usually performs the appropriate amount of converting
the funds of the person in the custody of the prison, with the above
the deposited funds after the transfer of the relevant amounts shall not fall under the
the amount corresponding to the expected price of the fare to the place of residence and
the amount of information on one day at the time of release from imprisonment. If
the person does not have enough resources or after the imposition of a fine balance would
the deposited funds was less than the amount of the corresponding estimated
the price of the fare to the place of residence and the level of subsistence for one day at a time
release from prison, you cannot save this kind of disciplinary punishment.
(5) the thing about which the confiscation has been taken, together with the
a copy of the decision shall transmit to the competent Authority for workplace representation
of the State in matters of property ^ 3), where the special law does not provide for
otherwise.
section 63
(1) the closed Department is set up in a dedicated rubbish bag space prison
separate from the rooms in which convictions are accommodated. Spaces
the closed Department must comply with the relevant rules of hygiene.
In the closed Department is not allowed to carry a battery-operated radio.
(2) the person to whom the disciplinary penalty was saved to a location closed
the Department, with the exception of the period laid down for the implementation of the intended tasks of the programme
treatment, comes the performance of this disciplinary punishment in working days
immediately after the end of the working time, or other activities of the programme
treatment and lingers in it even in the days of leave and work
calm. When entering the closed Department for the convicted person performs
a personal tour.
(3) during the course of disciplinary punishment to a closed position with the Department
the exception of the period laid down for the implementation of the intended tasks of the treatment programme has
the person the right to participate in the walks in the range of one hour a day,
If working in a closed room. A prisoner to participate on
educational and special educational activities arising from its
the treatment program.
section 64
When taking disciplinary punishment day placement in a closed
the Department for the convicted person makes a personal tour. Visit
be carried out separately from the other visits, under the direct supervision of a
The prison service, usually in the room in which the visitor is from
the convicted person separated by dividing bulkhead. If the person receives a package, on the
who is entitled, shall issue to him after this disciplinary punishment.
A convicted person has the right to participate in the walks in the range of one hour a day.
Into the cell itself may be placed only in the case if they are for the serious
the reasons of safety or if, in the exercise of disciplinary punishment
at the same time at least two convictions. A prisoner shall allow participation in activities
therapeutic or advisory group, in which it is inserted.
section 65
A disciplinary punishment of solitary confinement is carried out to the location in a cell intended for that purpose;
places with only one person. The person has the right to participate in the
the walks in the range of one hour a day.
section 66
(1) the exercise of disciplinary punishment to the closed position of the Department with the exception of
the period laid down for the implementation of the intended tasks of the treatment programme, day
location up to the closed Department and placement in solitary confinement or defer
always breaks for relocating outside the prison, the performance of the saved
more severe disciplinary punishment for the newly committed disciplinary offence or
If so, on the basis of health status.
(2) pass away if the reason for that was the performance of disciplinary punishment postponed or
interrupted, the convicted person or the rest of the disciplinary punishment, and it
or even in a different prison.
Remission of the disciplinary punishment, the abandonment of the performance of the rest of the disciplinary
punishment and disciplinary punishment expungement
§ 67
About the remission of punishment or abandonment of disciplinary performance of the rest of the disciplinary
punishment or disciplinary punishment shall take an employee finishing Prison
the service, which decided to write on the prescribed form.
section 68
If a disciplinary penalty zahlazen, it cannot be placed in any of the guest
the convicted person and cannot be taken into account to it when deciding on the condemned.
§ 69
Prevents things
(1) to prevent things has the right to choose to head the Department of sentence
(Department of detention and imprisonment) and the prison director.
(2) a complaint against the prison director decided to prevent things. If on the
prevents things decided the prison director, shall decide on such complaints
the Director-General of the prison service.
(3) the operative part of the decision to prevent the stuff also contains an accurate description of the occupied
Affairs and the designation of the owner of the things, if known. In the grounds is a must
mark the facts which justify the use of the provisions of the law on
prevents things (section 50 of the Act). Part of the decision to prevent things is always
the letter of appeal.
(4) the thing about which prevents was been taken, together with a copy of the
the decision shall transmit to the competent Authority for workplace representation of the State in
matters majetkových3), where the special law does not provide otherwise.
section 70
Disciplinary discharge other anti social behaviour
Offences committed in the time prior to the execution of the sentence cannot be executed by saving
disciplinary punishment in prison.
THE HEAD OF THE SEVENTH
THE PARTICIPATION OF NON-STATE ACTORS ON THE FULFILLMENT OF THE PURPOSE OF PUNISHMENT
The participation of churches and religious societies
section 71
cancelled
section 72
(1) a prison shall ensure, in consultation with the mandated persons of appropriate premises and
the conditions for the provision of services and individual spiritual services.
(2) with the consent of the competent doctor is responsible for the person entitled to
visit the prisoners placed on parts of the medical bed
facilities of the prison service; consent is not necessary if compromised life
of the convicted person.
(3) a prisoner who carries out disciplinary punishment, placement in a closed
Department or solitary confinement, at his request, will allow the individual to spiritual
the service.
section 73
(1) the designated person may apply to the submission of the report on prison behavior
the convicted person and for access to his personal file; This application of the prison
passes, if the person agrees with it.
(2) the Church or religious society of the place of residence of the convicted person
or having a relationship with a prisoner may request submission of reports on the behavior of the
the convicted person, including the announcement of the impending release; This application
the prison, if convicted, with the filing of such report agrees.
Participation interest associations of citizens and non-governmental organizations
§ 74
Interest associations of citizens and non-governmental organizations operating in accordance with the
the law can participate in fulfilling the purpose of the enforcement of a sentence
in particular, the following forms:
and individual visits to inmates,)
(b)) the implementation, where appropriate, discussions, lectures and concerts and musical groups
individuals,
(c) the application of the special share) of educational and extracurricular activities
treatment programmes (article 36, paragraph 5, and 6),
(d)) on the preparation of inmates for the share release on freedom and on the
social work with inmates.
§ 75
(1) Visit the inmates [§ 74)] will take place in the non-business
the time in the time provided for the Director of the prison and not to
visits of close persons.
(2) When reporting interest Association of citizens and non-governmental
organizations shall be used mutatis mutandis the provisions of section 73.
PART THE SECOND
THE PERFORMANCE PENALTY FOR CERTAIN GROUPS OF INMATES
HEAD FIRST
GENERAL PROVISIONS
§ 76
If this section does not provide otherwise, the punishment shall be used for
certain groups of inmates the previous provisions of this Ordinance.
THE HEAD OF THE SECOND
THE SENTENCE IN THE PRISON FOR LOCAL ENFORCEMENT
§ 77
(1) convicted in the premises of the prison move without restrictions, with hostels
In addition to the time specified to locked. The bedroom's conviction in may
While the absence of lock's sole discretion.
(2) inmates are housed in dormitories, whose equipment does not differ from
the current residential school accommodation.
§ 78
(1) conviction of work in workplaces outside the prison as a rule without
the direct supervision of the employees of the prison service.
(2) Prisoners is in nonworking time allows free movement outside the
the prison, to participate in cultural and educational events, awareness-raising,
sports and services.
(3) for the purposes referred to in paragraphs 1 and 2, the prisoners issue
culverts designating the area in which in due time may
move.
section 79
Custom clothing's convictions leave together, and at its discretion, it
they can wear in the non-business hours.
§ 80
The range of television programmes, which can monitor, not conviction
non-business hours.
§ 81
Purchase of goods for personal use is carried out in the form of cash.
THE HEAD OF THE THIRD
THE PERFORMANCE OF THE JUDICIAL MEASURES INVOLVING DEPRIVATION OF LIBERTY FOR JUVENILES
General provisions
section 82
(1) to limit the negative effects of isolation of young people from a company in
as a result of the exercise of criminal measures to increasingly apply
individual ways of treatment. They focus on the development of the intellectual,
emotional and social maturity of young people. Emphasis is placed on the adoption of the
personal liability for the committed offence, strengthening the independent
solving life situations, control and management of aggressive responses, and
inappropriate conduct. Educational and work activities are focused on
the acquisition of knowledge and skills to facilitate the classification of juveniles to
employment after returning to civilian life. Young people are encouraged to
leisure activities that correspond to their development
needs and at the same time are not in contradiction with common social practice.
(2) the Prison Administration shall report on the behavior or health
the young person of his parents or their legal representatives, without
the applications of such persons, if it considers that it is necessary to maintain or
improve the contact with the young person such persons.
(3) where material and hygienic conditions in the prison permits, allow
the adolescents to the time's personal time off could take themselves and
Iron personal underwear including shirts and in days off of work and rest
you yourself were preparing breakfast and dinner from the food delivered to the prison.
section 83
(1) on the basis of the characteristics of personality and committed wrongdoing in the
prisons for juveniles divided into four basic conviction
differentiated groups.
(2) To the base of the Group and includes a conviction with the basic
personality characteristics in normal, for which the resulting behavior disorders
from inappropriate social environment, the emotional and social immaturity,
where appropriate, the wrong treatment.
(3) into the base of the Group (B) are to be classified with the sentencing indicated
disharmonickým the development of the personality.
(4) into the base of the Group C includes convictions with behavioural disorders
including behavioral disorders caused by the use of addictive substances, who
require specialized power of criminal measures.
(5) In the base Group D includes convictions with mental retardation.
(6) on the classification of juveniles convicted in the basic differentiation
the group is decided by the prison director on the basis of the recommendations of the expert
employees (§ 8 paragraph 1).
§ 84
(1) the basic groups of internal differentiation of juvenile inmates
usually divided into three permeable group. These groups are
juvenile convictions ranked based on their behaviour, conduct,
positions on the spáchanému performance of the criminal offence and measures.
(2) in the first group are to be permeable convictions, who mainly
actively carries out the treatment programme and its other obligations and behave and
acting in accordance with the internal regulations.
(3) in the second group are to be permeable, with unclear and conviction
volatile attitude and approach to the treatment program and their responsibilities.
(4) in the third group are to be permeable convictions, who mainly
and refuse to accept or fulfil) treatment programme,
(b) fails to comply with its obligations,)
c) behave and act in contravention of the internal regulations.
(5) for inclusion and change the classification of juveniles into the permeable group
the sentence is decided by the head of the Department (the Department of custody and
the sentence on the proposal of the special educator), usually in the processing and
evaluation of the implementation of the programme of treatment with youthful inmates.
§ 85
(1) the fundamental group is different to differentiate the content and way of treatment
the corresponding needs desired changes to the personality of the young person. Education
and appropriate form of social training is part of the programmes dealing with
inmates in all four basic induction groups.
(2) the internal differentiation of the groups form a Permeable system
the positive motivation of juvenile inmates. In the internal regulations shall be
the more detailed the conditions of internal differentiation, so that the convicted person had during the
the performance of the criminal measures able to be based on the shift in approach,
the performance of the treatment programme, the fulfilment of obligations and the behaviour and conduct in
consistent or inconsistent with the internal regulations of the gradually spooled to
the individual groups.
§ 86
The visits of minors
(1) during the visit of the juveniles may be attired in a custom garment.
(2) allow visitors to participate in cultural and sports
performances of minors, as well as a tour of the prison space used
adolescents, including workplaces.
(3) on the proposal of the educator can allow a juvenile in the prison director
connection with a visit to temporarily leave the prison, and the maximum period of
24 hours. For the authorization of the temporary abandonment of a juvenile prison issues
confirmation on the prescribed form, from which it is clear, where and when
How long can the delay and that of the nearby adult persons will
follow. Confirmation of the youthful and close adult sign.
§ 87
Ensure the enforcement of protective or institutional care
About the upcoming release of juveniles with court-ordered protective or
constitutional education informs the competent prison administration school
institutional or protective education.
section 88
Suspension of the criminal measures
When deciding about the interrupted performance of criminal measures, prison director
as a rule, ensure that the secure escort juvenile prison into a
the place of performance of the criminal measures and break back.
THE HEAD OF THE FOURTH
THE SENTENCE FOR CONVICTED WOMEN
§ 89
(1) the internal regulations, the contents and forms of treatment of convicted women fundamentally
take into account the psychological and physiological particularities of women, as well as to the
the special needs of pregnant women, women who have given birth and breastfeeding
mothers.
(2) the sentenced women to create the conditions for money
personal laundry, carrying out minor repairs of personal things, and for the daily
swimming.
§ 90
(1) when modifying the appearance of sentenced women allows the use of
custom cosmetic products. Hair is not limited, to
the purpose of the convicted women may have their own required equipment.
(2) Custom clothing and shoes may wear the convicted women in the prison with the
supervision and in prison with supervision of the non-business hours according to your
discretion, in prison for juveniles in prison prison and the prison
with increased security at the time of the visits.
§ 91
The performance penalty for mothers of minor children
(1) when deciding on the authorization have and take care of their minor
the child shall take account of the prison director as to whether the mother of the child or other
their children before she was sentenced, properly, whether it has enough
own funds, in order to properly care for the child could, and whether
the ability to take care of the child after release from prison.
(2) Mother, who was allowed to have for each other and take care of their minor
the child, of the child all day cares. Day care includes care in particular
his health and his physical, emotional, and moral development of sensible, including
preparation of food, the hygiene, washing, ironing, cleaning, and active
spending time with a child in the form of walks, games, art, music and
sports activities corresponding to the age of the child.
(3) the health care of the child, which my mother cared for in prison, ensures
The prison service generally on the basis of a contract with the provider of the
authorized to provide health services in the field of practical medicine
for children and adolescents or in the field of pediatric medicine.
(4) Mothers who have been allowed to in the enforcement of the sentence should be for yourself and
looking after your children may wear their own clothes and footwear appropriate according to
its sole discretion.
(5) for the mother, which was allowed in the enforcement of the sentence should be for yourself and
looking after your children, you can also organize events outside the prison,
If you are not the only action for prisoners, which may, in the context of
with a visit to the prison director to allow temporarily leave prison; participate in the
There is always a staff member of the prison service.
(6) the Mother provides all the needs for a child from their own resources.
(7) every mother has the child in a separate bedroom, in which it is for the child
bed with mattress, changing table, baby's linen Cabinet and cosmetics,
pen and wash basin.
(8) in the event that the mother because of illness or other serious
reason cannot take care of the child, takes temporary child care Director
the prison designated employee. When the mutual transfer of the child is always
examined by a doctor of the provider of health services referred to in
paragraph 3.
(9) in the case of a stay of the mother out of the prison in which the Department established
for mothers of minor children, child care is addressed by the authority
the socio-legal protection of children.
THE HEAD OF THE FIFTH
IMPRISONMENT OF INMATES CONTAINS A PERMANENTLY
section 92
Convictions permanently nezařaditelní perform punishment in principle in the
specialised departments of prisons established by the Director General
The prison service.
§ 93
(1) the method of ensuring order and safety, established for the base type
the prison, in the conviction that they were putting in § 69 paragraph. 1 of the law
included, remains intact.
(2) in the performance of the punishment of inmates contains is permanently
the following principles shall apply:
and if they are in) the specialised Department placed convicts
various basic types of the prison, must be accommodated separately in accordance with
the basic types of prisons so that less disturbance of the convictions they have worked
the sentence separately from the more disturbed,
(b)) to the duties and bedrooms with conviction are placed with regard to their
the State of health on the basis of the recommendation of the attending physician, and
non-smokers must be at their request always accommodated separately from smokers,
(c)) on the proposal for a physician or at his own request and with the consent of
This doctor can perform the appropriate occupational therapy within the prison,
exceptionally even outside the prison,
(d) review the capacity) directly to the cells and bedrooms,
(e) according to the physician's indication is) provides or arranges hospital
rehabilitation care,
(f) the prison offers inmates) participation of culturally appropriate educational and
extracurricular activities.
THE HEAD OF THE SIXTH
IMPRISONMENT OF INMATES WITH MENTAL DISORDERS AND BEHAVIOURAL DISORDERS
§ 94
(1) Conviction with disorders of mental and behavioural disorders can
to carry out the punishment in the specialized departments of prisons established
the Director-General of the prison service only on the basis of the recommendations of the
a psychologist or psychiatrist.
(2) how to ensure order and security provided for the base type
the prison, in the conviction that they were referred to in section 70 of the Act,
remains intact.
(3) a specialised unit cannot be set up as a Department for the joint
imprisonment of inmates classified to different basic types of prisons.
THE HEAD OF THE SEVENTH
THE PERFORMANCE OF A LIFE SENTENCE
section 95
cancelled
section 96
During the walks may be in particularly justified cases, convictions
poutáni.
§ 97
Visits to inmates usually are carried out under the direct supervision
a member of the prison service.
THE HEAD OF THE EIGHTH
THE PERFORMANCE PENALTY FOR CONVICTED FOREIGNERS
§ 98
(1) when the sentence is possible, a prison and shall take into account the requirements of
cultural and religious traditions of convicted aliens.
(2) during the processing of a program of treatment for convicted foreigners take into account
as to whether aliens was liable to a penalty of expulsion.
THE HEAD OF THE NINTH
THE PERFORMANCE OF THE PROTECTIVE TREATMENT DURING IMPRISONMENT
§ 99
(1) protective treatment in constitutional form, which has to be done during the performance
the sentence shall be carried out in the form of day care in health facilities
The prison service, to the delivery of health services in the form of
day care has received the prison service permissions.
(2) the internal regulations, as well as the contents and forms of applied programs of treatment
in principle, take into account the State of health of the inmates and the treatment regimen
the protective treatment.
§ 100
(1) treatment in ambulatory form, which has to be done during
enforcement of the sentence,
and ordered the prison service) provides a prison service in their
medical devices, to the delivery of health services in the
the field was empowered,
(b)) ordered another provider of health services provides Prison
This service provider, if it was with a protective treatment started
before the advent of the imprisonment and it is from a professional point of view
with regard to the kind of protection or treatment with a view to maintaining so far
therapeutic effect achieved reasonable.
(2) in deciding to interrupt the performance penalty of prison director shall take into account
the course of the performance of protective treatment.
THE HEAD OF THE TENTH
IMPRISONMENT OF THE VERY DANGEROUS INMATES
section 100a
(1) a very dangerous person, does not place the enhanced
construction and technical security in particular for its escorts or
hospitalization in the medical facilities of the prison service, or if the
the person that it is obvious that they do not endanger the safety of other persons.
(2) on the very dangerous prisoner treatment programme content is according to the
section 41 of the Act also action on the achievement of the postojových changes, the pursuit of their
the successful adaptation of the sentence and the difficulties that have been
the cause of its location into the enhanced structural-technical
security, and its accommodation in current Department. For this person
are used by the forms and methods of treatment, which, together with the
lifestyle changes and preventive measures reduce the unwanted behaviours
This convicted leading to undermining the purpose of the enforcement of the sentence.
(3) the main content of a complex operation on a very dangerous
the convicted person is his active involvement in at least one specially
the educational activities. It is for that person to be binding. The rate and quality of
active involvement is one of the essential evaluation criteria for
disposal of very dangerous prisoner from enhanced
construction and technical security.
PART THE THIRD
FINAL PROVISIONS
§ 101
Repealed the Decree No. 110/1994 Coll. issuing the order of imprisonment
deprivation of liberty, in the wording of the finding of the Constitutional Court No. 8/1995 Coll..
§ 102
This Decree shall take effect on 1 January 2005. January 1, 2000.
Minister:
JUDr. Motejl in r.
2) § 1 (1). 1 of law No 21/2006 Coll., concerning verification of conformity of a copy or
a copy of the Charter, and for verifying the authenticity of the signature, and to change some of the
laws (law on authentication), as amended.
3) Law No. 378/2007 Coll., on pharmaceuticals and on changes of some
related laws (law on medicinal products), in the wording of later regulations.
