10/2000 Sb.
The DECREE
The Ministry of Justice
of 20 December. January 2000
deduction from remuneration of persons who are in imprisonment
employed, on the enforcement of decisions of the remuneration of such persons and
inmates of special educational facilities and the payment of other costs
Change: 94/2001 Sb.
Change: 135/2005 Sb.
Changed: 425/2009 Sb.
The Justice Department determined in accordance with § 33 paragraph. 2 and 5 of law No.
169/1999 Coll., on the execution of the sentence of imprisonment and change some
related laws, (hereinafter referred to as "the Act"), section 152, paragraph. 2 of law No.
141/1961 Coll., on criminal court proceedings (code of criminal procedure), as amended by
amended, and section 373 of the Act No. 99/1963 Coll., the code of civil
of procedure, as amended:
PART THE FIRST
DEDUCTIONS FROM THE REMUNERATION OF A PRISONER
§ 1
Types of collisions
(1) the remuneration payable to a prisoner under specific legal
^ 1 rules) for work done collide and the remand prison or
the prison ("prison") insurance premiums on social security and
contribution to the State employment policy, premiums
health insurance and the advance on income tax of individuals. ^ 2) part
rewards that will remain after the implementation of these deductions will be referred to as
net remuneration.
(2) the net remuneration of a prisoner, the prison shall make deductions
and to pay maintenance for) children of the person obliged to provide
the food, including a contribution to cover the costs for child care in the constitutional
or protective upbringing or in facilities for children requiring immediate
assistance, in which the child is placed on the basis of the decision of the Court or
the application of the municipal office municipality with extended competence (hereinafter referred to as "maintenance
dependants '),
(b)) to cover the costs of imprisonment and detention costs, which
preceded by a,
(c)) on the basis of mandated enforcement court or authority of the State
the Administration,
(d)) to cover other claims against convicted under this Ordinance.
(3) the rainfall amount referred to in paragraph 2 must not exceed 78% of the net remuneration
of the convicted person. The rest of the net remuneration be divided on spending money and storage
in accordance with this Ordinance.
§ 2
Deductions for payment of maintenance, dependants,
(1) The deductions for payment of maintenance, dependants shall apply 30%
net remuneration, unless otherwise specified.
(2) Deductions for payment of maintenance shall be carried out
and on the basis of a court decision), which was the enforcement of the decision
deductions from pay (remuneration of a prisoner), and at the rate laid down in this
decision (hereinafter referred to as "ordered alimony"),
(b)) on the basis of a final decision of the Court, which was derived from the
imposed on the obligation to pay maintenance or court approved the agreement on the amount of
maintenance ^ 3) and written request of the convicted person of the deductions, and to
the amount set out in such a decision or agreement,
(c)), at the request of the establishment where the child is placed in institutional or protective
education or facilities for children in need of immediate assistance, which is
child is placed on the basis of the decision of the Court or the application of the municipal office
municipalities with extended competence, and that to an amount that requires this
the device, if the implementation precipitation in writing the consent of convicted person expressed,
(d) at the request of the convicted person) or, if the person has expressed in writing
consent, whether at the request of the person who is the recipient of the alimony.
(3) if the precipitation is carried out only to the payment of maintenance ordered,
collide with each child of an amount of Court provided for maintenance and
If the sum of the rainfall exceeded the total amount determined under
paragraph 1, collides with the relative amount of each child in relation to the
set the amount of maintenance. In other cases, of the total amount
referred to in paragraph 1 to each dependent child hit by the same amount;
Similarly, if they are carried out at the same time also a reductions to pay for the
mandated maintenance.
(4) If a decision enforced maintenance dependants
higher than the deduction provided for in paragraph 3, shall be treated
the outstanding difference as a receivable for which shall be implemented in accordance with the deduction
section 4, paragraph 4. 1.
(5) the amount used on the deductions referred to in paragraph 1 shall be increased by the outstanding
the amount designated for deductions under sections 3, 4 and 5.
§ 3
Deductions to cover the costs of imprisonment
(1) The deductions to cover the costs of imprisonment which the person carries on,
32% shall apply the net remuneration, but not more than 1 500 Czk per calendar
the moon.
(2) the Unexpended amount to cover the costs of imprisonment referred to in paragraph 1
is transferred gradually to use pursuant to section 2, 4 and 5.
§ 4
Further reductions to be carried out on the basis of the
ordered enforcement of a decision of the Court or the authority of the State administration
(1) the net remuneration of 12% is used, unless otherwise stated, the
deductions for payment of claims arising on the basis of the
and enforcement of court ordered), ^ 5)
(b) the enforcement authority) ordered the State administration, ^ 6) unless
deductions to the enforcement of the decision under section 5,
(c) the performance of the Director's decision) ordered the prison about the imposition of duties
cover the costs of imprisonment under section 8, for the fixing of cost performance
binding under section 10, the increased costs of health care, according to section 28, paragraph. 2
(a). to) Act, the increased costs of guarding, transport costs and
demonstration to medical equipment under section 36 of the Act, imposing a
damages pursuant to section 38 of the Act.
(2) if they are carried out in accordance with paragraph 1 (a) deductions. and payment orders)
priority claims under a special legal regulation, ^ 7) will
from the amount determined in accordance with paragraph 1, that of the first half
This amount will satisfy without sight on the order of the first claims
maintenance, and only then by the order of the other preferential claims.
But if this half to satisfy all claims,
satisfy the first maintenance of all legitimate and only after the due
nourishing from an earlier time, and according to the proportion of maintenance. If, however, the
This meet or common maintenance of all authorized, distributed among
they intended amount in proportion to the amount of maintenance. Preferential claims,
which were met from the first half of the amount determined under paragraph
1, and the other is to satisfy the claims of the second half of this amount.
If it is not to cover the first half of the amount of preferential claims
designated in accordance with paragraph 1 is fully utilized, for her outstanding
part of the second half.
(3) the amount used for the deduction referred to in paragraph 1 shall be increased by the outstanding
the amount designated for deductions under sections 2, 3 and 5.
(4) the Unexpended amount referred to in paragraph 1 shall be transferred to the gradually
According to § 2 and 5.
(5) the order of deductions for payment of claims referred to in paragraph 1 shall be governed by the date
When it was delivered to the prison, the decision of the competent authority or of the agreement,
where appropriate, the date of the conclusion of the agreement, if the agreement between the prison and the
the inmates. If multiple claims to the same order, and not enough to the reduction
attributable to them to their full satisfaction, to satisfy the fairly.
The order that the claim has received previous wage payer remains
in the prison.
§ 5
Other deductions
(1) the net remuneration shall apply 4%, unless otherwise specified, the
deductions for payment
and amounts falling in the State) as a result of an enforceable decision on the
the imposition of a monetary penalty (fine), as well as refunds ^ 8)
enforceable sentence decision the competent authorities,
(b) the overpayment on sickness benefits) and pension insurance, if it is
a convicted person shall be obliged to return them on the basis of an enforceable decision by
legislation on sickness and pension insurance,
(c) the amount of the benefits received unduly) State social support and social
care if the person is obliged to return them on the basis of an enforceable
the decision by the special legal regulation, ^ 9)
(d) the amount of the insurance premium on General) health insurance for Unexcused
the absence of the convicted person in a job that the payer of remuneration
During this period, the convicted person to pay, ^ 4)
e) claims secured by the agreement on the precipitation of the wages or other income
under special legislation, ^ 10)
(f)) the amounts on the basis of the agreement on the precipitation of the rewards of the convicted person closed
between the prisoners and prison; the agreement must be concluded in writing, otherwise it is
invalid.
(2) the amount used for the deduction referred to in paragraph 1 shall be increased by the outstanding
the amount designated for deductions under sections 2, 3 and 4.
(3) the Unexpended amount referred to in paragraph 1 shall be transferred to the gradually
According to § 2 and 4.
(4) the order to pay for the deduction of claims referred to in paragraph 1 shall be
the provisions of section 4, paragraph 4. 5.
§ 6
Pocket money
(1) The allowance will be used 20% of the net remuneration, unless stated
otherwise.
(2) if the person in the course of a calendar month without a serious
because of work, the allowance referred to in paragraph 1 do not belong to him; arising from the pocket money
Converts to use pursuant to section 3 (3). 2. In the event of a reduction of hair loss
because of disciplinary punishment under section 46 paragraph. 3 (b). (b)) and section 64
paragraph. 1 (a). (b)) of the Act is the amount of the allowance is reduced, converts
to use according to § 7 (2). 2.
section 7 of the
Storage
(1) shall apply to the storage of 2% of the net remuneration, unless stated
otherwise.
(2) Storage is increased by unspent amounts intended for the deduction under section 2
up to 5, the amount of the reduced hair loss under section 6 (1). the second 2 sentences and all
the amount of rounding.
(3) storage of over 2 000 Czk, on the basis of the decision of the Director of the prison
pay and compensation of the cost of imprisonment (article 35, paragraph 1, of the Act), if
This claim will not be paid remuneration of the convicted person; This
payment can be done continuously in the performance penalty.
(4) the convicted person may, after the fulfilment of the obligations imposed under paragraph 3
use part of the amount of storage in excess of 2 000 Czk for payment of maintenance
persons, which is obliged to provide maintenance, to cover damage caused by
the injured party, to support their families and to implement its obligations under section 4
paragraph. 1 (a). (c) the part of the storage pursuant to) the first sentence may be doomed
send also your relatives and other persons close to the persons that it
in the imprisonment, or regularly use
to purchase food and goods for personal use or to devote to charitable
purposes. Part of the storage that exceeds $ 500, can also apply to the
payment of unpaid health care from public health insurance,
payment of regulatory charges ^ 10a) and purchase of necessary medicinal
products, foods for special medical purposes and health
the means prescribed by a doctor.
(5) if the convicted person upon release from prison, sufficient storage
to cover the necessary needs, you can provide a contribution to the amount of 2
USD. When the decision on the grant of that allowance account to
whether such a person does not have the funds in your account in the prison,
on the account in a Bank, or whether these resources cannot get in any other way,
for example, by relatives or the representative authority of the State, which is
a citizen.
(6) the cost of sending money from storage shall be charged to the account of the storage,
unless the person's pay in a different way.
PART THE SECOND
THE COSTS OF IMPRISONMENT FROM OTHER INCOME AND FROM THE MONEY THAT HAS
THE PERSON STORED IN THE PRISON
§ 8
The costs of imprisonment in all other cases,
(1) The deductions to cover the costs of imprisonment shall apply 40% of income
or výsluhového post.
(2) out of the money, which had been sent to a prison sentence and that were
transferred to his account of the prison, the amount of reimbursement of the costs of the performance
a penalty in the amount of 40% from the sum of all the amounts received for the previous
the moon. Reimbursement of the costs of imprisonment of this money, if not prescribed,
If they did not reach 100 Czk per calendar month. The provisions of paragraph 1
This provision is not affected.
(3) a prisoner who refused to work or to work without a reason
the amount of remuneration, the cost of imprisonment of 50 CZK
the day.
(4) the amount of reimbursement of the costs of imprisonment are determined from the net remuneration and from
other sources of income referred to in paragraphs 1 and 2. Thus determined
the amount of the reimbursement of the costs of imprisonment may only be including the reimbursement of the costs of the performance
the penalty provided for in paragraph 3 shall not exceed 1 500 Czk per calendar
the moon.
(5) the Deduction for the payment of the costs of enforcement of the sentence is not carried out, the amount of which
was convicted
and credited to the account) as a social allowance,
b) credited to the account as a reward under the Act), or ^ 11a
c) sent on his behalf in prison solely for the purpose of payment of his
Receivables managed by the prison, particularly for regulatory
fees ^ 10a), purchase of the necessary medicines, food for
Special medical purposes and medical devices prescribed by
the doctor, the payment of unpaid health care from public health
insurance, and was used exclusively for these purposes.
§ 9
(1) the decision on the obligation to refund the costs of imprisonment under section 8
the Director of the prison shall issue.
(2) against the decision referred to in paragraph 1 may be sentenced to 3 days of
service of the complaint to the Director of the prison, which issued the decision;
the complaint may be directed only against the calculated amount of the costs of imprisonment and
does not have suspensory effect. The complaint shall be decided within 60 days of
the receipt of the Director-General of the prison service.
PART THE THIRD
REIMBURSEMENT OF THE COSTS OF THE PERFORMANCE LINKS
§ 10
(1) the daily rate the cost of custody is 45 CZK for every initiated
calendar day of the calendar month.
(2) pay the costs of the detention shall not be required for a period of time, after which the
the person in custody be granted constitutional (hospital) care, if this is
the person had under special legislation. ^ 4)
§ 11
(1) the decision on the amount of the costs, the Director shall issue a remand prison, and it
on the basis of a final decision of the Court, which was derived from the
ordered to to pay costs associated with the exercise of custody. ^ 12)
(2) against the decision referred to in paragraph 1 may be sentenced to 3 days of
service of the complaint to the Director of the prison, which has issued the decision.
The person to whom the obligation was to pay the costs associated with the performance of
the binding is stored after the release from imprisonment or custody, may
the complaint must be lodged within 5 days from the date when the decision referred to in paragraph
1 delivered. The complaint may be directed only against the calculated amount of the costs
the performance of the links, and does not have suspensory effect. The complaint shall be decided within sixty
days from the receipt of the request the Director-General of the prison service.
PART THE FOURTH
ENFORCEMENT OF PAYMENTS FOR INMATES OF THE SPECIAL
EDUCATIONAL EQUIPMENT
§ 12
In the performance of the decisions of the remuneration of inmates of the special educational
the device from his pay be deducted the amount, which is on the
partial reimbursement of the cost of custom fees be effected of the inmate, and the rest of the
shall be rounded down to the amount of divisible by three, expressed in
whole crowns. Of this amount, you can knock down to meet the recovery
only one third of the claims. Priority claim under
special legal regulation ^ 7), but you can knock even the second third,
But if one-third of their satisfaction, or if they cannot be
the first third of the meet because they have worse than other
the claim. If this occurs, the collisions of the second period, also satisfy the
from it, regardless of the order of the first claims to maintenance, and then
other preferential claims in accordance with your order. The third third
's don't shrink,. Otherwise, the execution of the decision of the remuneration
Special educational establishments of the inmate used the General provisions
special legal regulation ^ 5) on the execution of the decision.
PART THE FIFTH
COMMON, TRANSITIONAL AND FINAL PROVISIONS
section 13
(1) the Deductions from the remuneration of a prisoner shall be carried out for the period of a calendar
months, and even if convicted in this period included in the
employment at several workplaces, where applicable, has been moved to another
the prison. Rainfall amounts are rounded down to the whole of the Crown.
(2) Deductions for payment of maintenance, dependants, based on the application
the maintenance creditor to send the account with the Bank, referred to by the recipient
maintenance, or alimony recipients pointed out a postal order.
The maintenance creditor shall indicate, in the request for the implementation of reductions to be paid
maintenance, which of the abovementioned ways to be paid maintenance.
§ 14
(1) If the person against whom enforcement was the decision of
wages, punishment, will proceed in accordance with the provisions of the Special
When you change the law as a payer of wages, ^ 13) and for the wage
mandatory here considers the reward of the convicted person, if in accordance with this Decree
may be used to satisfy the claims to be recovered.
(2) if the convicted person Was moved to another prison, the prison
in the enforcement of its rewards; This change does not affect the
the order of recovered receivables.
(3) the transfer of the convicted person to another prison is not considered a change
the payer of remuneration (wages) of the convicted person.
§ 15
In proceedings under this order shall mutatis mutandis under section 76 of the Act.
section 16 of the
According to this Decree shall also
and) in the implementation of the remuneration and deduction of other income convicts, stored
enforceable decision before the effective date of this order,
(b)) when prescribing reimbursement prisoners
non-attached to the job and the cost performance of the binding, if the obligation to
payment of these costs was established before the effective date of this Ordinance.
§ 17
Repealed the Decree No 154/1997 Coll., on the precipitation of the remuneration of persons
they are in the prison sentence included in the job, and about the performance of
decisions of the remuneration of such persons and inmates of the Special
educational facilities.
section 18
Deductions from the remuneration of a prisoner and rations and sail storage under this
the Decree shall be made from the first day of the calendar month following
After its publication.
§ 19
This Decree shall take effect on the date of publication.
Minister:
JUDr. Motejl in r.
Selected provisions of the novel
Article II of Decree No. 94/2001 Sb.
Transitional provisions
1. Deductions from the remuneration of the convicted person to enforce the decision of the Court or the authority
the State Government ordered before the effective date of this Ordinance and, on the
the implementation of this order before the effect of the person asked, or with
their implementation shall be carried out in accordance with agreed to this Decree.
2. the costs of the performance bond and the cost of imprisonment, if the obligation to
their compensation was established before the effective date of this order, for the period
to the effective date of this order shall be charged in the amount of the provisions laid down
in force at the time when the sentence was binding or enforced.
1) § 33 paragraph. 1 Act No. 169/1999 Coll., on the execution of the sentence of imprisonment
and amending certain related laws. Regulation of the Government No. 365/1999
Coll. on the amount and conditions of remuneration of sentenced persons listed in
employment in the imprisonment, as amended by Decree-Law No.
414/2000 Sb.
2) Law No. 589/1992 Coll., on social security and
contribution to the State employment policy, as amended by Act No. 10/1993
Coll., Act No. 160/1993 Coll., Act No. 308/1993 Coll., Act No. 42/1994
Coll., Act No. 241/1994 Coll., Act No. 59/1995 Coll., Act No. 118/1995
Coll., the Act No. 152/1995 Coll., Act No. 160/1995 Coll., Act No. 113/1997
Coll., Act No. 134/1997 Coll., Act No. 306/1997 Coll., Act No. 18/2000
Coll., Act No. 29/2000 Coll., Act No. 118/2000 Coll., Act No. 132/2000
Coll., Act No. 220/2000 Coll., Act No. 238/2000 Coll. and Act No.
492/2000 Coll., Act No. 592/1992 Coll., on premiums for general health
insurance, as amended by Act No. 10/1993 Coll., Act No. 15/1993 Coll.
Act No. 161/1993 Coll., Act No. 320/1993 Coll., Act No. 42/1994 Coll.,
Act No. 241/1994 Coll., Act No. 59/1995 Coll., Act No. 145/1996 Coll.,
Act No. 48/1997 Coll., Act No. 127/1998 Coll., Act No. 29/2000 Coll.
Act No. 118/2000 Coll., Act No. 258/2000 Coll. and Act No. 492/2000 Sb.
Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993
Coll., the Act No. 96/1993 Coll., Act No. 156/1993 Coll., Act No. 196/1993
Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994
Coll., Act No. 114/1994 Coll., Act No. 259/1994 Coll., Act No. 32/1995
Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995
Coll., Act No. 248/1995 Coll., Act No. 316/1996 Coll., Act No. 18/1997
Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 210/1997
Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 149/1998
Coll., Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999
Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 170/1999
Coll., Act No. 222/1999 Coll., Act No. 3/2000 Coll., Act No. 17/2000
Coll., Act No. 27/2000 Coll., Act No. 72/2000 Coll., Act No. 100/2000
Coll., Act No. 103/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000
Coll., Act No. 241/2000 Coll., Act No. 340/2000 Coll. and Act No.
492/2000 Sb.
3) section 86 of the Act No. 94/1963 Coll., on the family, as amended by Act No. 132/1982
Coll., Act No. 234/1992 Coll., the finding of the Constitutional Court of the Czech Republic No.
72/1995 Coll., Act No. 91/1998 Coll., Act No. 360/1999 Coll. and Act No.
301/2000 Coll.
4) Act No. 48/1997 Coll., on public health insurance and amending and
supplementing certain related laws, as amended by Act No. 242/1997
Coll., Act No. 2/1998 Coll., Act No. 127/1998 Coll., Act No. 225/1999
Coll., Act No. 363/1999 Coll., Act No. 18/2000 Coll., Act No. 167/2000
Coll., Act No. 132/2000 Coll. of Law 155/2000 Coll., Act No. 220/2000
Coll. and Act No. 258/2000 Coll.
5) § 251 et seq.. Code of civil procedure.
6) § 71 et seq.. Act No. 71/1967 Coll., on administrative proceedings (administrative code).
§ 279, paragraph 7). 2 of the code of civil procedure.
for example, section 8) 156 of the criminal code.
9) Act No. 117/1995 Coll., on State social assistance, as amended by Act No.
137/1996 Coll., Act No. 132/1997 Coll., Act No. 242/1997 Coll. and act
No. 91/1998 Coll., Act No. 100/1988 Coll. on social security, as amended by
Act No. 110/1990 Coll., Act No. 180/1990 Coll., Act No. 1/1991 Coll.,
Act No. 46/1991 Coll., Act No. 306/1991 Coll., Act No. 482/1991 Coll.,
Act No. 578/1991 Coll., Act No. 582/1991 Coll., Act No. 235/1992 Coll.,
Act No. 589/1992 Coll., Act No. 37/1993 Coll., Act No. 84/1993 Coll.
Act No. 160/1993 Coll., Act No. 266/1993 Coll., Act No. 308/1993 Coll.,
Law No. 182/1994 Coll., Act No. 241/1994 Coll., Act No. 118/1995 Coll.,
Act No. 155/1995 Coll., Act No. 160/1995 Coll., Act No. 133/1997 Coll.,
Act No. 91/1998 Coll. and Act No. 155/1998 Sb.
10) section 246 of the labour code.
10A) Act No. 48/1997 Coll., on public health insurance and amending and
addition of related laws, as amended.
11A) § 45 and 63 of the Act No. 169/1999 Coll.
12) section 155 of the criminal code.
13) § 293 et seq.. Code of civil procedure.
