169/1999 Coll.
LAW
of 30 March 2004. June 1999
about the imprisonment and amending certain related laws
Change: 359/1999 Coll.
Modified: 3/2002 Sb.
Change: 320/2002 Coll.
Change: 218/2003 Coll.
Change: 52/2004 Sb.
Change: 539/2004 Coll.
Change: 109/2006 Sb.
Change: 346/2007 Sb.
Changed: 7/2009 Sb.
Change: 306/2008 Coll., 41/2009 Sb.
Change: 281/2009 Sb.
Change: 341/2010 Coll., 181/2011 Sb.
Change: 375/2007 Sb.
Change: 399/2009 Sb.
Change: 276/Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
THE SENTENCE
TITLE I OF THE
Part 1
General provisions
§ 1
The subject of the edit
(1) this Act regulates the imprisonment (hereinafter referred to as "performance
the sentence ") in prisons and remand prisons in the special wards.
(2) the purpose of imprisonment ("punishment") is
the means laid down by this law, Act on convicted so that
to reduce the risk of recurrences of his criminal behavior and completed
law-abiding life in accordance with the law, to protect society
before the perpetrators of the offences and prevent them from further criminal
activity.
(3) Performance penalty under this Act also means the performance of criminal
the measures of deprivation of liberty imposed on a juvenile; its performance is monitored
to achieve the objectives laid down by law on the judiciary in matters of youth.
(4) the adolescents for purposes of this Act, a person who, at the time of
committing wrongdoing has reached the fifteenth and eighteenth year did not exceed its
age.
§ 2
The main principles of enforcement of a sentence
(1) the punishment may only be carried out in a manner that respects the
the personality of the convicted person's dignity and reducing the harmful effects of deprivation
freedom; However, this must not be compromised by the need to protect society.
(2) a prisoner serving a sentence must act so that the
maintain their health, and, if time allows, the sentence
promote such attitudes and skills that will help prisoners
return to the company and will allow to lead law-abiding life in
accordance with the law.
§ 3
Authority to ensure the execution of a sentence
(1) guarding the convicts, the surveillance methods of treatment
prisoners and prison conditions laid down to ensure the prison
service of the Czech Republic (hereinafter referred to as "the prison service").
(2) the prison service is entitled to the prisoner issue instructions and commands, and
use it against them just such restrictions and coercive measures, which
acknowledges the special law. ^ 1)
(3) the obligations and entitlements of a member of the prison service, lays down special
law. ^ 1) Instructions and commands within the scope of this Act are
are authorized to issue in addition to the members of the prison service and staff
The prison service.
(4) an employee of the prison service, for the purposes of this Act, means both
an employee of the United States qualified to work in the prison service,
as member of the prison service.
§ 4
Advisory Council
The application of knowledge, forms and methods of treatment of prisoners, which
contribute to the achievement of the purpose of the enforcement of a sentence, the prison director shall establish
Advisory Council. Members of the Advisory Forum shall be appointed by the Director of the prison with their
the approval of experts, who are not employed in the prison. The activities of the
Member of the Advisory Board is another act in the general interest. ^ 2) Prison
the service provides the members of the Advisory Board travel allowances by
a special legal regulation.
§ 5
Place of imprisonment
(1) the punishment shall be carried out in prison or in a special Department of the remand
the prison. The prison and the Minister of Justice shall be established (hereinafter referred to as
"the Minister") and their administration shall be exercised by the prison service under the Special
^ 1 of the Act.)
(2) if required by the State of health of the convicted person providing health
services that cannot be provided in a medical facility Prison
services, and the sentence could not be interrupted, the penalty is the time necessary for
the provider performs health care services outside of the managed objects
The prison service, while guarding the prisoner in this case
ensures the closest prison. The increased costs associated with the implementation of
such measures shall be borne by the prison service medical facility.
(3) the criminal measures involving deprivation of liberty for juveniles, ^ 3b) who
have not exceeded 20. year of his age, shall be carried out separately from other
inmates in prisons or special departments for juveniles
the application of internal differentiation.
§ 6
Accepting sentenced to prison
(1) The enforcement of the sentence of the convicted person can be adopted only on the basis of the written
Regulation of the enforcement of the sentence made out of court. If there is no writ of
the sentence attached written copy of the final judgment, the Court is
a prison shall send additionally.
(2) when imprisonment must be demonstrably
familiar with their rights and obligations under this Act and order performance
punishment and with the internal regulations of the prison. A written copy of familiarization with the rights
and obligations in the language of the State of which he is a citizen of, or a language which
means, without delay, transmit to the person.
§ 7
Placing the convicts
Inmates are placed separately from the convicted men women inmates with
infectious diseases or suspected for infectious diseases
and as a rule, a conviction:
and juveniles from adults,)
(b)), since the convicted repeat offenders who are in prison for the first time,
(c)) for intentionally committed criminal offences from convicted for offences of
negligence,
d) permanently nezařaditelní,
(e)) with mental, behavioural disorders,
(f) protective treatment) with deposition and security detencí and
g) very dangerous under section 72a.
§ 8
Types of prisons
(1) a prison shall be broken down according to the method of external guarding and ensuring the
the safety of the four basic types, namely
and with supervision)
(b)),
(c)) with security,
(d)) with increased security.
(2) in addition to the basic types of prisons referred to in paragraph 1 shall be established
special prisons for juveniles.
(3) in one of the prison may be established by Department of different types,
If this will not be compromised by the purpose of the enforcement of the sentence.
§ 9
Marshal sentenced to types of prisons
(1) as to what type of prison will be included for the performance of the person's
the sentence by the Court under the special law. ^ 4)
(2) the person's entering a prison sentence by the Court in the call for
determine the penalty. Important reasons may be convicted for boarding
the sentence also adopt other prisons.
(3) other placing inmates in individual prisons in accordance with the
Court decision on the inclusion in a particular type of prison performs General
the Directorate of the prison service, in cooperation with the Director of the prison, in which
He joined the condemnation of the prison.
Transfer of prisoners
§ 10
For reclassification of the convicted person to a prison of another type of prison
the Court by a special Act. ^ 4)
§ 11
Proposal of the Director of the prison transfer of the convicted person
(1) the Director of the prison is required to petition the Court on reclassification
the convicted person to another type of prison, if it considers that the redeployment will contribute
to achieve the purpose of imprisonment. ^ 4)
(2) the proposal for the reclassification of the convicted person to a prison of another type of Director
always connect the prison during the evaluation and the effectiveness of the treatment programme
with a convict, assessment of the progress and success of the performance of the protective treatment
If a prisoner was saved, and give even more facts that
may be relevant to the Court's decision. At the same time marks the evidence which
proposes to implement, if the Court deems necessary.
§ 12
The design of the convicted person to the reclassification
If the convicted person to the Director of the prison that served the Court for its
reassignment to a different type of prison, the prison director shall send the Court without
his challenge of the annex referred to in § 11 (1) 2.
Part 2
Instead of serving a sentence in Prison by the unmanaged
section 13 of the
The Minister may establish a penitentiary in another object, which is in the Administration
The prison service, unless the owner of such an object agrees and
enters into a contract for the easement. The object in which the prison is
established, managed and operated by the owner of the building on the basis of the Treaty
concluded with the prison service. However, the prison service is responsible for
guarding, treatment of prisoners and the observance of legal terms
enforcement of the sentence. These objects also performs State building
supervision. The conclusion of the contract of administration and operation does not affect the right of supervision
and control of the performance penalty.
TITLE II
THE RIGHTS OF CONVICTED PERSONS
Part 1
General provisions
§ 14
The internal regulations of the prison
For each prison provides the Director with the concurrence of
the prison service Directorate of the internal regulations of the prison, laying down
daily schedule the running of prisons, the activity of the convicts and their share of the
addressing issues related to life in prison.
Part 2
The rights of convicted persons
§ 15
Equality of rights
The inmates are in prison, it is for the same rights under the conditions and in the
the scope of this Act.
section 16 of the
The social conditions of the inmates and the provision of health services
(1) Prisoners shall be provided regular meals under the conditions and in the
values that correspond to the requirement of maintaining health and take into account the
his State of health, age and skill level of the work undertaken. To the extent
to the extent that allows operation of the prison, takes into account the requirements of the
cultural and religious traditions of the convicts.
(2) where, for it created in the prison of the corresponding building,
the physical and health conditions, in particular, will allow convicted
located in the wards to prisons food prepared
themselves of the food supplied by the prison.
(3) every convict must have a secured bed and lockers
to store your personal belongings.
(4) Clothing inmates must correspond to the climatic conditions and must
adequately to protect their health.
(5) prisoners are secures an eight-hour period each day to sleep, the period of
needed for personal hygiene and cleaning, catering, at least one-hour
the walk and appropriate personal leave.
(6) the convicted person has the right to health services, to the extent and under the conditions
stipulated by special legislation ^ 5), taking into account the constraints
resulting from the purpose of punishment.
(7) the person's severely disabled person has the right to ensure the
adequate conditions to allow a decent sentence.
(8) to the person that is not included in the work, he couldn't refuse, without a serious
because of work, and not in a period of one calendar month income
or other funds in the amount of at least $ 100, providing prison
Once a month package that includes basic personal
needs.
(9) the serious illness of the convicted person or his injury requiring
hospitalization, inform the prison without delay, the person convicted
determine the person or his or her close; a person close to proceed, if it
a convicted person has requested that did not do so. The prison always inform without delay
one of these people, as well as the public prosecutor, who shall exercise the supervision
compliance with the law in the enforcement of the sentence in the case that
the death occurs of the convicted person.
(10) social worker prison prisoner the right to
the provision of social counselling, assistance and support in the range of
provided for by the law governing the provision of social services.
§ 17
Correspondence
(1) the convicted person has the right to receive, and at their own expense to send written
communication (hereinafter referred to as "correspondence") without restriction, unless the law provides
otherwise.
(2) the prison service is entitled to carry out any inspection of the correspondence
referred to in paragraph 1; in doing so, it is entitled to acquaint themselves with the contents of
sent documents. If the content of the correspondence constitutes the suspicion that
is being prepared or perpetrated a criminal offence, the prison service correspondence
holds and passes it to the authority of the law in criminal proceedings.
(3) check the correspondence between the prisoner and his counsel,
the prisoner and lawyer of the convicted person represented in other things, between
prisoners and the authorities of the Czech Republic or diplomatic missions
or consular office of a foreign country, ^ 6) or between the prisoner and the
international organisations, which according to International Convention, of which the Czech
Republic is bound, it is appropriate to deal with complaints relating to
protection of human rights, is inadmissible. This correspondence with the recipient
sends a prisoner and delivers without delay.
(4) a prisoner who does not know how or can not read or write, prison
the service shall ensure that incoming correspondence was read to him, or he
provide clerical assistance in the drawing up of applications, submissions and complaints
national authorities and the international organisations referred to in paragraph 3 and when
his correspondence with his lawyer.
(5) the Correspondence of the convicted person, who has no financial resources,
addressed to the authorities referred to in paragraph 3 shall be sent at the expense of the prison.
section 18
The use of the phone
(1) the convicted person has the right to use the phone to contact person
at the time of the internal regulations of the prison stage; can only use the
phone for this purpose of the prison. This right of the convicted person can be
limit only in justified cases, in particular if it is necessary to protect
the safety or rights of other persons.
(2) a convicted person has the right to use the phone at the time of the defined internal
the order of the prison to the contact with your attorney or lawyer
the convicted person represented in other things.
(3) in order to remedy the convicted person or another serious reason can be
enable the use of the phone to the person to contact with another person than
the persons referred to in paragraphs 1 and 2.
(4) the costs associated with the use of telephone shall be borne by the person convicted.
(5) unless the phone calls with a person specified in § 17 paragraph 2. 3 or § 61
paragraph. 9, the prison service is entitled to introductions by tapping with
phone calls referred to in paragraphs 1 and 3, and take their record.
§ 19
Visit
(1) the convicted person has the right to receive at the time specified by the Director of the prison
visits of close persons for a period of 3 hours in one calendar
of the month.
(2) the visits can take place usually in rooms provided for that purpose.
Visits to inmates that are located in the ward of medical equipment
are possible only if the attending physician with regard to
the State of health of the convicted person agrees. If the convicted person is placed at the
providers of health services outside of the objects managed by the prison
the service, will discuss conditions of implementation visits the prison service with
provider of health services.
(3) unless otherwise provided in the order of the number of internal prison later can convict
at the same time visit a maximum of 4 persons, including minors. The minor
children under the age of 15 years may participate in visits only when accompanied by
persons over 18 years of age.
(4) in order to remedy the convicted person or another serious reason can be
the convicted party to allow a visit to other than relatives. The directors of prisons
in particularly justified cases, may allow a visit between
the prisoners, who are close to people. The cost of the demonstration shall be borne by the
this case, the conviction in equal parts, unless otherwise.
(5) the Director of a prison may permit the realisation of the visits of the convicted person without
Visual and auditory checks on employees of the prison service in rooms
that purpose.
(6) in justified cases the Director may decide that the prison from
for security reasons, the visit will take place in the room where it is
a visitor from the convicted person separated by a partition.
(7) when you visit are required to behave decently conviction and considerate
to other persons present. Shall not dispose of or receive money,
letters or other things, with the exception of things allowed the Director of the prison
or an employee authorized by the prison service.
(8) the Director may allow the Prison Sentence in connection with a visit to
leaving prison, if it can be reasonably have considered that this will not be compromised by purpose
enforcement of the sentence.
(9) an employee of the prison service is entitled to interrupt or visit
prematurely terminate without refund, if convicted or visitors through
warning violates the order, discipline or security of the prison.
section 20
Spiritual and social services
(1) a prisoner shall be ensured the right to the provision of spiritual and other
similar services pursuing humanitarian objectives in a range of
special legislation.
(2) the prison let you take place usually in the time of rest common
religious ceremonies the inmates. Participation in religious ceremonies is
voluntary. During the joint religious ceremonies shall be defined by the internal
order of the prison.
(3) for the performance of religious services in a place where it is carried out a prison sentence
freedom, are entitled to only those registered churches and religious
the company, which has been granted permission to exercise this right in accordance with
special legal regulation ^ 8) (hereinafter referred to as "the Church").
(4) the Church can contribute to the fulfilment of the purpose of the enforcement of a sentence
the provision of religious services, in particular
and the holding of religious services for those interested) from among the convicts,
b) individual interviews, pastoračními visits and allowing
individual approach to religion,
(c)) the leadership of learning hours to the interpretation of religious texts,
(d)) providing spiritual and religious literature and song books,
(e) organizing lectures and discussions), in particular with the ethical theme, as appropriate,
concerts of musical groups and individuals,
(f)) when preparing inmates for their release,
g) other appropriate forms of contributing to the achievement of the purpose of the performance
the punishment.
(5) the prison shall inform the prisoners about the provision of religious services in the
the internal regulations of the prison or other suitable means.
(6) the convicted person may not be to attend church services and other ceremonies or
the interview with the persons responsible for the Church. If convicted of the
to allow visits to the churches authorised persons, the prison is required to give her this
immediately notify the.
(7) the person in charge of the prison administration of the churches about the obligation to respect
legal provisions for imprisonment and internal regulations of the prison.
(8) the prison shall be entitled to deny the possibility of the performance of religious services to persons
to have committed a breach of the obligations arising from legal
provisions for imprisonment or internal rules of the prison.
(9) the prison allow municipal authorities of municipalities with extended powers
provide prisoners social services ^ 9) aimed at helping
prisoners in creating favourable conditions for it to be able, after
release of lead a self-sufficient life in accordance with the law.
section 21
Meeting the cultural needs
(1) the convicted person has the right to order books at their own expense, newspapers and
magazines, including foreign ones, if they are distributed in the Czech
Republic; This does not prejudice the right of the prison service to remove a prisoner
the thing that would distort the purpose of the enforcement of the sentence.
(2) the convicted person can borrow books from the prison library
including publications and legislation.
section 22
The use of other things
(1) the convicted person has the right to borrow and play social games that are
available in the prison.
(2) in justified cases, the convicted party can allow you to buy,
sending, or importation and the use of other things pertaining to
ensure its continuing education programme, the treatment of prisoners
pursuant to section 41 (hereinafter referred to as "treatment programme"), or extracurricular activities,
If these things are not inconsistent with the purpose of the enforcement of the sentence and their
the amount, the nature or use will not interfere with the order in the accommodation
space or do harm to the health or limit other convicts.
Article 23 of the
Purchase of food and personal items
(1) the convicted person has the right to buy at least once a week in the shop
prison food and belongings, or things for interest and
educational activities, or to the implementation of the treatment programme. The purchase is
takes place in the form of non-cash payments from that part of the cash
the means with which it can freely dispose of. The prison director may
give priority to the payment of costs prior to purchase of the necessary medicines,
foods for special medical purposes, medical devices and
supplements for them on unpaid medical procedures or partly borne from the
public health insurance and regulatory fees or the United
with the acquisition of the necessary personal documents.
(2) in prison for prisoners establish stores with food,
toilet and industrial goods. The minimum range of goods provides
the internal regulations of the prison. If you cannot carry out the purchase of such goods in a shop
the prison, through the prison service.
(3) the Director of a prison shall be entitled to the maximum amount of money, for
You can buy once convicted.
section 24
The adoption of the package
(1) the convicted person has the right to once every six months to take the package with
Food and personal needs to the weight of 5 kg. Right of admission
the package is created and the time limit under the first sentence starts on the day of commencement of performance of the
the sentence or the date of transfer of custody.
(2) the Packages subject to inspection staff of the prison service. A convicted
will pass it on to the things that are contrary to the purpose of the enforcement of the sentence or that is not
allowed to carry, especially things that could endanger the life and
the health of your own or other people. Things that cannot be passed
a prisoner and that there is no need to load up under the legislation of
the other way, at the expense of the convicted person is sent back to the sender,
In addition to the food with short-term or expired shelf life of consumption,
that is destroyed.
(3) packages containing lingerie, clothing and necessary to the implementation of the programme
treatment, education or hobby activities not subject to restrictions
referred to in paragraph 1.
(4) package, on which the convicted person does not have the right or the receipt of the
convicted, Panopticon sends a rejected expense of the convicted person to the sender.
(5) if the convicted person does not have the financial resources to dispatch nepředaných things
or the package will be sent to the sender, the cost of the prison and spent
costs are to be paid to the person concerned will lay down as costs associated with the
the performance of the imprisonment.
§ 25
To receive money and handling
(1) If a prisoner were sent to the prison money, converted to
his account set up and led by the prison and condemned to inform.
A convicted person may not carry cash during enforcement of the sentence.
The money sent to the person expressly to cover the cost of health
unpaid services from public health insurance, to cover the
regulatory fees and purchase of medicinal products, foods for
Special medical purposes and medical devices must be stored on the
a special account, from which you can draw money only to pay listed
costs. If the convicted person does not agree with taking the money, the money returns
to the sender at the expense of the convicted person. If the convicted person does not have enough
funds to be sent, the prison shall be deducted from the cost of sending
sent money. To accept the money sent to the State authorities and
income subject to income tax, does not require the consent of the convicted person.
(2) for the purchase of a convicted money can also use it to
during the enforcement of a sentence, or which it has sent to prison for the custody of when
entering the prison.
(3) if the convicted person in the custody of the prison, however, smaller amount of money than the
estimated taxi fares to the place of residence and the amount of subsistence allowance for one
a day at the time of release from prison, groceries and other things
or other disposition with this money, he will not allow.
(4) if the convicted person does not pay the judgment provided for damage or non-material
the injury caused by the criminal offence for which is located in the enforcement of the sentence,
the claims associated with the criminal proceedings, the claims arising in the context of
with providing or ensuring the payment of health services and regulatory
fees and surcharges beyond the public health insurance system, judicial and
administrative fees and damage or non-material damage caused by the
The prison service during the enforcement of a sentence, can the payment for the provided
health services-non blocked from public health insurance and purchase
pursuant to § 23 used only half of the funds referred to in paragraph 1
the first sentence, and the remaining part of the funds may only be used on
the payment of such debts; This does not apply for the money expressly posted at
reimbursement of the costs referred to in paragraph 1, the sentence of a third.
(5) the provisions of paragraph 4 shall not affect the right of the convicted person to dispose of the
According to § 33 para. 6 with storage coming from his pay.
(6) account of a prisoner-led prison does not yield interest, and under his leadership, the
shall not levy fees. The money in foreign currency, which cannot be exchanged on the Czech
the currency is stored in the prison together with other things of the convicted person. On the account
must always remain the amount required to cover the costs related to the route
the convicted person from the place of punishment in the place where it will be after release
delay.
section 26
Protection of the rights of convicted persons, including means of legal protection
(1) the convicted person may only be to exercise their rights and legitimate interests to submit
complaints and applications to the authorities competent for their execution; the complaint,
where appropriate, the request must be addressed to the authority, which is, immediately
sent. The request for a transfer to another prison can convicted repeat
soon as possible after the expiration of three months from his previous requests.
The prison director shall designate employees of the prison service in charge of the circuit
picking out and submitting complaints and applications, and their records; creates a
such conditions for the submission of complaints and requests by inmates to
excluded that they will handle with them other than an authorized person.
(2) employees of the prison service without delay, inform the Director of the prison,
a Prosecutor, judge or authority that carries out the control of the prison, about
the request of the convicted person about the conversation and they instruct such a conversation in
the prison will allow.
(3) the convicted person has the right to legal aid lawyer, who has
permissions in the limits of his mandate to lead with prisoners correspondence and
talk with him without the presence of a third party. This right of the convicted person must
be provided no later than 24 hours from the receipt of the request.
(4) employees of the prison service are required to ensure respect for the rights,
that prisoners in prison.
section 27 of the
Restriction and deprivation of certain rights and freedoms
(1) after a period of imprisonment are required to submit to restrictions
some rights and freedoms, the pursuit of which would be contrary to the purpose of the performance
penalty or which cannot be due to the enforcement of the sentence imposed.
(2) the reasons referred to in paragraph 1 shall be limited to the rights and freedoms of the
the inviolability of the person and its privacy, freedom of movement and residence,
maintaining the confidentiality and secrecy of documents, records and other
messages and the right to free choice of profession.
(3) for the duration of the sentence, the inmates are not the right to strike, the performance
the right to associate in clubs, societies and other associations,
establish trade union organization and the exercise of the right of Association, the right to
to do business and engage in other economic activities, the right to free elections
providers of health services and medical equipment. The conviction
a sentence cannot give rise to a political party or political
movement, exercise the right to associate in them and cannot engage elected and
other public functions.
(4) the restrictions to be enforced against a prisoner in the prison,
against whom criminal proceedings are held, and the reasons are met, the binding
the Court by a special Act.
Part 3
Obligations of convicted persons
section 28
The basic duties of prisoners
(1) the convicted person is serving a sentence shall be obliged to adhere to the established order and
discipline, carry out the instructions and orders of the staff of the prison service, work,
If the assigned work and temporarily unable to work is not recognised or
for enforcement of the sentence is not recognized by the disabled, unable to work
perform the tasks arising from the treatment program, carefully handle
assigned to the things to harm foreign assets, comply with the principles of decent
meetings with the persons with whom it comes into contact, and otherwise maintain
the provisions of the internal rules of the prison. Further, it is obliged to comply with the measures and
guidelines under special legislation ^ 10) to ensure the safety of
and health at work and fire protection.
(2) the convicted person is also required to
and) must submit to the personal and other examination in the interest of ensuring the internal
order in the prison and the exclusion of the had thing would
distort the purpose of the enforcement of a sentence,
(b)) to allow employees of the prison service personal control of their affairs;
If your personal belongings in a locker locks locking to store personal
things, is obliged to give a spare key from the Cabinet Director of prisons
authorized employees of the prison service,
c) undergo a precautionary landing, periodic, special, and the output
a medical examination in the range specified by the doctor or a particular legal
Regulation, including the necessary diagnostic and laboratory examinations and
vaccination and measures laid down by the authorities of public health service,
(d)) to tolerate acts that are related to his identification, and submit to the
capacity necessary for the processing of complex messages (section 41 (2)),
e) If you get sick, it becomes an accident or is injured, these facts
immediately notify the employees of the prison service,
f) notify the employees of the prison service, the circumstances that
can cause serious safety threat to him,
spoluodsouzeným, employees of the prison service or the prison, where they are
one learns or is found,
g) must submit to the measures that are necessary to curb the production,
possession or substance abuse, and poisons in the prison,
h) comply with the principles of hygiene,
I) notify the fact that the prison is a pensioner,
výsluhového post or have income subject to income tax and from the
given the financial resources to ensure the shipping amount on the account opened
to cover the costs of the prison sentence in the amount prescribed by the Special
by law,
j) deliver to custody of the prison case, possession of which with regard to their
the price, quantity, or the way you use is prohibited, or is inconsistent with the
the purpose of the enforcement of a sentence,
to recover the cost of health care) services provided in the interest of preserving
or improve his State of health beyond health services
covered by public health insurance, or from the State budget
beyond the scope of international agreements by which the Czech Republic is bound,
including the regulatory fees,
l) announce a prison name and surname of a barrister or solicitor, that it
will represent him in other things or provide legal service
m) to notify in writing to the prison when the income, whether it is covered by a retirement
savings,
n) to notify prison change health insurance companies and the change of personal or
family data reported at admission to prison,
about to undergo an examination) to determine whether take the addictive substance, and in the
the case that proves the presence of addictive substances, to pay the costs of the
This examination,
p) to adhere to the ban on smoking in places where it is because of the potential
risk to the health of non-smokers or fire protection reasons, the Director of the prison
disabled,
r) during an eight-hour sleep period to comply with the rest.
(3) Prisoners is prohibited
and establish contacts with) other persons in contravention of this Act or with the
the guidance issued on the basis of this Act,
(b)) to produce, store and consume alcoholic drinks and other addictive
the substance, produce and store items that could be used to
the threat to the safety of persons and property or to escape, or which are likely to
the quantity or nature of the hamper or harm the health, order
(c) keep and expand) printed materials or materials that promote
national, ethnic, racial, religious or social
intolerance, fascism and similar movement aimed at suppressing the rights and
freedoms, violence and cruelty, printed materials or materials containing
description of the production and use of poisons, explosives, weapons and ammunition, as well as
printed materials or materials containing a description of the production of addictive substances,
(d)) to play the games for money, things, services or other acts; to participate in the
Lotteries and other similar games, ^ 11)
e) tattooed themselves or another person to be tattooed or have a prison
in possession of the equipment to perform a tattoo; This applies also for the other
ways of human skin integrity violations and possession of tools for the implementation of
such activities,
(f) health disorder or) pretend to be with intent to harm the health,
g) without the consent of the prison service to sell, redeem and give things
held in the prison.
(4) against the sentence, which wrongly refusing to fulfil its obligations and to
the remedy is not enough to prompt or warning, the prison service, being used in the
extent resources permitted by law.
section 29
The employment and education of inmates
(1) convicted, which was included in the work, is obliged to work, if
the work is physically capable.
(2) the employment and education of sentenced prison
and Marshal sentenced to work) corresponding to their health
eligibility, taking into account their professional knowledge and skills
including eligibility to provide health services,
(b) the remuneration for work of convicted persons),
c) creating the conditions for that conviction could get and increase the
their occupational qualifications and to extend your General
awareness.
section 30
Marshal sentenced to work
(1) create the conditions for employment of Prison inmates either within the
its operation, its own production or business activities or contracted
for other entities.
(2) the contract between the prison and the other, on the basis of
carries out prisoners to work, provides a more detailed
the conditions under which they work, or even a conviction to
training of inmates for the performance of specified work, and a way of increasing their
professional qualifications. When you create the conditions for the safety and protection of the
health at work and fire protection and hygiene regulations, compliance has
another body of the same obligations as it should according to the specific legal
legislation to their employees in an employment relationship.
(3) other bodies referred to in paragraphs 1 and 2 of the prisons to provide for
the work of inmates agreed performance.
(4) the employment of the convicted person for a non-prison is to be
the prior written consent of the convicted person; This does not apply if the
the condemned is being employed by the Czech Republic, region, community, voluntary
Union of municipalities or by the body which has been established by them or based and in which
they have a majority shareholding, a majority of the voting
rights or exercise a decisive influence on its management or
operation.
(5) the convicted person may consent referred to in paragraph 4 to revoke the Declaration
made against the prison service. If the statement does not have a written form,
an employee of the prison service of the statement of the convicted person shall without delay
write a prisoner shall submit to the signature. The effects of the withdrawal of consent
occur on the expiry of the last day of the calendar month immediately
following the month in which the person's consent. Appeal
the consent of the prisoners are not considered a refusal to work.
section 31
Prohibition of certain work
It is forbidden to train and qualify under performance of work with explosives.
If convicted when the work comes into contact with the traffic in narcotic drugs and
psychotropic substances or poisons or other substances that can
cause an increased risk of personal injury or damage to property, it is
need to ensure increased control over him. Prohibition of certain work for
the convicted women and young people is determined by a specific legislative
legislation. ^ 12)
§ 32
The working status and conditions for inmates
(1) the working conditions, working hours and conditions for the imposition of overtime
work for prisoners is governed by specific legislation applicable
to the staff in the employment relationship. The prison director may order
prisoners to work overtime to the extent and under the conditions laid down in the specific
legislation. ^ 13)
(2) does not count as working time cleaning and other similar activities
necessary to ensure the daily operations of the prison, which shall be carried out
as a rule, all convictions, and occupational therapy, if it is part of the
the treatment programme; These works are condemned, if they are accessed
medical standards, required to perform the work without remuneration and
may not be imposed at the expense of the time to the rest of the convicts. At the time of
walks can be such work requires only exceptionally, if required by the
the emergency of the situation.
(3) Prisoners shall be ensured in the form of comments and suggestions on the solution of participation
issues relating to the safety and health protection in their work.
(4) conviction is working under the supervision of the employees of the prison service.
§ 33
The work remuneration of inmates
(1) it is for reward by the Inmates of the work performed. The Government shall lay down
by regulation the amount of this remuneration and conditions for its payment.
(2) the prison service provides to the person listed in the work at the time
his temporary incapacity to pay remuneration under the same conditions,
as it provides the employer under the labour code.
(3) the remuneration of the Work of the convicted person for the purposes of deductions, taxes and insurance
on retirement savings, social security or health insurance
considered income from employment. From this rewards after a collision
tax and other deductions made, first, to the payment of
maintenance for children, to which the person obliged to provide,
including the contribution to cover the cost of child care in the inpatient or
protective upbringing and, secondly, to cover the costs of imprisonment and other
the costs associated with the performance penalty. The scope and order of other deductions from
the work of the convicted person shall determine the remuneration of the Ministry of Justice (hereinafter
' the Ministry ') by Decree. In doing so, shall take into account, in particular, to secure
maintenance of children of the convicted person and the legitimate demands of the victims of a criminal
of the offence.
(4) If, however, the Court ordered the execution of decisions in the working
the remuneration of a prisoner, proceed according to the code of civil procedure and
regulations issued on its basis. This procedure shall also apply in the case of
execution ordered by the tax.
(5) the portion of the work of the convicted person that remains rewards after making deductions
pursuant to paragraph 3, where appropriate, in accordance with paragraph 4, shall be distributed to pocket money and
storage. Spending money means the amount which can be used by the person's
the decision itself. Storage means the remainder of the work remuneration,
which prison converts to the account of the convicted person.
(6) the Ministry shall issue a decree the allocation of part of the work
rewards on spending money and storage referred to in paragraph 5 and shall determine the scope and
the conditions under which a convicted person can use storage. Unused storage is
a prisoner shall be paid upon release from prison, where prison
the prisoner agrees otherwise.
§ 34
Education of inmates
(1) Prisoners, for which there are assumptions, they usually will make
get an education at the elementary or high school, or attend the
other forms of education that will enable them to acquire and increase your
the occupational qualifications.
(2) conviction of inclusion in the daily studies are for the purposes of this
the law would be treated as a condemnation of the inclusion in the work.
§ 35
The obligation to pay the cost of imprisonment
(1) the convicted person is obliged to bear the costs of imprisonment. Where this cannot be
the cost to knock out of the remuneration may be used to cover the prison
the funds, which the convicted person has stored in the prison. The amount of costs
enforcement of the sentence and details of payment provides for the Ministry by Decree.
(2) the obligation provided for in paragraph 1 shall be exempt for a period after the person's
you
and nezaviněně was not included in) the work, if not a pensioner
or výsluhového a post or has not received the money in a calendar month
in the custody account,
(b) under the 18th year of age),
(c)) have been provided by inpatient medical care, except in the cases
referred to in § 36 odst. 2,
(d)) has been included in the educational or therapeutic program with the times
teaching or therapy for at least 21 hours a week of teaching,
e) punishment temporarily performs,
(f)) was involved on the Court in the position of the witness or the victim.
(3) since the recovery of costs of imprisonment shall be waived, provided always
convicted died and left no assets from which could be
to satisfy the claim in the context of inheritance, if it was issued
or transmitted abroad or after release from prison and expelled from the
all of the circumstances, it is clear that the recovery of the claim would be more
unsuccessful. Waiving of recovery of the claim shall be in writing, and debtor
nevyrozumívá about him. Abandonment of recovery of the claim shall not cease.
(4) the Director of a prison may, by written and required documents
supported by the request of the convicted person, waive wholly or partly an obligation
meet the cost of imprisonment, from which the convicted person was released,
If this is justified by the difficult social conditions of the convicted person.
(5) claims for costs for the enforcement of the sentence is not necessary in the interest of the
the delay.
section 36
The obligation to replace the additional costs associated with the performance penalty
(1) the prison Director decides on the obligation of the convicted person to replace another
the costs associated with the performance penalty, which are
and the cost of sending) nepředaných things or package in accordance with § 24 para.
5,
(b) the cost of medical services) according to § 28 para. 2 (a). k) and on the
regulatory fees,
(c) the cost of the examination) to determine whether an addictive substance, taken in
the case that proves the presence of addictive substances according to § 28 para. 2
(a). o),
d) increased costs for health services.
(2) the Increased costs of health care services pursuant to paragraph 1. (d))
means increased costs for security and transportation costs, and demonstrate to the
the medical equipment of the provider of health services to objects outside the
the prison service managed if convicted
and intentionally caused) or other deliberately allowed the inflicting harm on
health or repeatedly committed infringements of the treatment regimen,
(b) the provision of health services to abused) by pretending to be health disorders,
or
(c)), from their own decisions oblige medical service, to
which gave prior consent or that he requested.
(3) the decision referred to in paragraph 1 shall be the individual costs
enumerated. Against this decision may be sentenced to 3 days of notification
to file a complaint, which is decided by the Director-General of the prison service or
authorized employee of the prison service. The complaint has suspensive
effect.
(4) the performance of the decision referred to in paragraph 1 shall be carried out for a period of imprisonment
deductions from the remuneration of work, money deposited in the prison or commandments
accounts receivable.
(5) in accordance with paragraph 4 shall follow the procedure and replacing the outstanding costs
related links preceding the enforcement of a sentence.
(6) for the reimbursement of the costs referred to in paragraphs 1 and 5 shall apply mutatis mutandis
the provisions of § 35 para. 3-5.
Part 4
Liability for damage
§ 37
General provisions
Unless stipulated otherwise, the liability for damage caused by
during enforcement of the sentence and the conditions of application of the civil code.
§ 38
Responsibility of the convicted person for damage caused during the course of work
(1) the convicted person shall be responsible for any damage caused by the prison service or
another body, which was included in the work, due to a violation of the
obligations in the performance of tasks or in direct connection with it in
the extent and under the conditions laid down by specific legislation
applying to the staff of employment. ^ 16)
(2) another entity that has been inflicted, the remainder of the required
the refund with the prison service.
§ 39
Liability for damage caused to the person in the course of work
(1) for damage caused to the person in the performance of work or in
direct connection with the performance of these duties by the Special
the law ^ 17) the prison service or any other entity for which the person's
included in the work. Similarly, corresponds to a prisoner or prison service
any other entity with which the convicted person is included in the work, for the loss suffered
an accident at work or occupational diseases, ^ 18) for damage caused to the
belongings and in preventing damage. ^ 19)
(2) Work in cleaning, other similar work necessary to ensure the normal
the prison, the daily form of study and occupational therapy in terms of
liability shall not be considered the course of work.
§ 39a
Special provisions
(1) If a convicted person Caused due to a breach of the obligations laid down
This law damage to property of the State, which is running a Prison
service, and the amount of damage does not exceed $ 10,000, will decide on the responsibilities
to compensate, the Director of the prison.
(2) against the decision of the Director of the prison in accordance with paragraph 1, the person's
within 3 days of the notice to file a complaint, which is decided by the Director-General
The prison service or the authorized employee of the prison service. Administration
the complaint shall have suspensive effect.
(3) when the abandonment of recovery of damages referred to in paragraph 1, or when
the waiver shall apply mutatis mutandis the provisions of § 35 paragraph 1 shall be used. 3 and 4.
(4) the performance of the decision referred to in paragraph 1 shall be carried out for a period of imprisonment
deductions from the remuneration of work, money deposited in the prison or commandments
accounts receivable.
TITLE III
TREATMENT OF PRISONERS
section 40
General provisions
(1) during enforcement of the sentence of the person obliged to adhere to the rules of procedure
the prison, which among other things, defines the type and content of the activities
for each group of inmates either mandatory or voluntary. Circuit
specific activities in which the convicted person shall be obliged to take part in or
that may be exercised are set out in the treatment program.
(2) in order to achieve the purpose of the enforcement of a sentence, the prison shall, for each
treatment programme of a prisoner as a basic form of self-determined and
a complex action, whose aim is to deprive the convicted person of the
self-sufficient life in accordance with the law after his release from prison.
Part of the work of the convicted person are also methods and forms of work
focused on the consequences of the impact of crime on
the injured party. The program does not process in cases where the convicted person has
a sentence or its remainder in not exceeding 3 months.
(3) the decision of the Director of the prison for permission to leave the prison is public
the Charter, which can be used to prove the identity of the convicted person.
§ 41
Treatment programme
(1) a Program of treatment processes on the basis of a comprehensive report on the
with regard to length, condemned the sentence, personality and characteristics
the causes of crime.
(2) a comprehensive report is a summary of the results of the psychological,
Educational, social or medical assessment, reviews
risk and needs, and other materials available to the person convicted; her
the content is confidential.
(3) the programme of treatment specifically formulated target contains the action on the
the convicted person, the methods of treatment of prisoners aimed at achieving the objectives and
the method and frequency of assessments. A regular part of the treatment programme is
determine how the employment of the convicted person, if applicable, its participation in the
occupational therapy, education or other replacement activities aimed at
creating the prerequisites for its self-sufficient life in accordance with the law.
If the convicted person comes into account more variations of the treatment programme,
will allow him to choose from.
(4) in the framework of the program of treatment for prisoners not included in the
the output of the Department create at least 3 months prior to release
conditions for self-sufficient life in accordance with the law, and to that end,
the program updates it.
(5) when drawing up the programme of treatment the prison as necessary
cooperate with the competent authorities of social security.
§ 42
The permission of the courts and other bodies active in criminal proceedings
In the performance of its powers set by law and in relation to specific
proceedings, judges, court staff, as appropriate, to determine and more
law enforcement authorities are authorized to visit prisoners in
the sentence, talk to them without the presence of a third person and inspect the
of their personal files and other documents that are related to performance
punishment, knowledge of which is essential to the management of the ongoing proceedings.
section 42a
The transfer of sentenced
(1) the convicted person shall be given to the police authority outside the prison at the time strictly
necessary for the implementation of the Act on the basis of written proceedings
the application that contains the justification for the procedure. The request shall send the police
authority at least 3 days prior to performing such an act to the Director of the prison.
The request must be approved by the Director of the competent Department of the police of the Czech
States or by authorised in writing by the national police of the Czech
Republic, Chief of the military police, or the head of the national
General Inspectorate of security forces.
(2) if the person passed for a period exceeding 24 hours, and the Act is
conducted outside the village, in which the prison is located, where the person resides,
by the end of the Act may be placed in the prison, the convicted, that is
nearest to the place where the Act is carried out. Escorts of the prisons provides
The prison service.
(3) at the time of transfer of the convicted person the police authority until its return
or location to another prison Police ensures the security of the convicted person
Of the Czech Republic.
§ 43
The participation of churches, religious organisations, interest associations of citizens,
non-governmental organizations and other institutions and bodies on the fulfillment of the purpose
the sentence
(1) on the fulfillment of the purpose of the penalty in accordance with specific legal
regulations may be involved in consultation with the Director General of the prison service
the Director of the prison service, or registered churches and religious
the company, an interest Association of citizens, non-governmental organisations and other
institutions and bodies with which the convicted person maintains contact and which may
to contribute to the fulfilment of the purpose of the enforcement of a sentence (hereinafter referred to as "institutions").
(2) the credentials of the representatives of the authorities and institutions may, for a period of imprisonment
maintain personal contact with inmates, take an interest in its conduct in the performance of
punishment and to assist him in creating favourable conditions for its
self-sufficient life in accordance with the law. On request, the prison shall inform the
about the status of re-education and behaviour of the convicted, unless the convicted person
agrees.
(3) a representative of the bodies and institutions responsible for exercising permissions according to the
paragraph 2 of the prison about the obligation to respect legal provisions for the
punishment and respect the internal order of the prison, including a timesheet
of the day.
(4) a prison shall ensure, if necessary, appropriate premises and conditions for
the activities of the bodies and institutions that have been violated or threatened
implementation of programs of treatment.
(5) the provision of humanitarian services in the prison under paragraphs 1 to 4
the visit is not considered under section 19.
§ 44
The participation of the inmates in the prison
A conviction may be involved in the solution of issues related to their
life in the prison proposals and comments to employees
The prison service.
§ 45
Rewards
(1) if the person's conduct or his behavior and exemplary act
manifested a responsible approach to the obligations laid down and
works in fulfilling the purpose of the enforcement of a sentence, to grant him a reward.
(2) the Rewards are:
and) praise,
(b) an increase in the duration of) extraordinary visits during one calendar
the month for up to 5 hours
(c)) to allow a one-time purchase of food and personal items
a prisoner, who otherwise cannot perform such purchases,
(d) increase the spending money not more than) one-third of up to 3 calendar
months,
(e)) or prizes of up to $ 1,000,
(f) personal leave on) the extension of a sports, cultural or other interest
things to do for up to 1 month;
g) permission to leave the prison for up to 24 hours in connection with a visit to
or with a program of treatment,
h) interruption of enforcement of a sentence.
§ 46
Disciplinary punishments
(1) the disciplining offence is a culpable violation of statutory or
the basis of the obligations imposed, order or discipline during the performance of
the punishment.
(2) A disciplinary offence may be ordered to save the disciplinary punishment.
A disciplinary penalty shall not be imposed if by discussing disciplinary
offence with reference to the purpose can be achieved.
(3) Kázeňskými the penalties are:
a) reprimand,
(b) reduction in spending money, not more than) one-third of up to 3 calendar
months,
(c) prohibition of the adoption of the single package) in the calendar year,
(d)) a fine of up to $ 5 000
e) forfeiture of things
(f) placement in a closed Department) for up to 28 days, with the exception of the time
established for the performance of specified tasks of the treatment programme,
g) full-day placement in a closed Department for up to 20 days
h) placement in solitary confinement for up to 20 days
I) withdrawal of benefits arising from the previous disciplinary rewards.
(4) the disciplinary penalties referred to in paragraph 3 (b). f) and (g)) can be
Save the test time is also conditionally on up to 6 months. The trial period
begins to run a legal decision on the Spa of the offense. Commits to
convicted during the trial period another disciplinary offence, disciplinary punishment
with a shotgun. Otherwise, the person's disciplinary punishment enforced; This is not a
without prejudice to his responsibility for the disciplinary offence committed in the test
the time.
§ 47
Storage of disciplinary punishment
(1) a disciplinary punishment may be imposed only when properly explained the circumstances of the
disciplinary offence and convicted person proved guilty. Before saving
disciplinary punishment shall be notified to the person the opportunity to comment on the
all the facts which he blame and evidence about them. Can
indicate the circumstances which contradicts his guilt or alleviate and support
its claims to design the implementation of further evidence to its
the defense.
(2) a disciplinary punishment Imposed must be proportionate to the seriousness of the committed
disciplinary offence and must be in accordance with the interest in the achievement of the purpose
the punishment. A disciplinary offence may be imposed only one disciplinary penalty.
The penalty of confiscation can be saved and next to another disciplinary punishment.
(3) a disciplinary punishment cannot be saved if committing a disciplinary
the offense has elapsed time of one year.
§ 48
Forfeiture of things
(1) a disciplinary punishment of confiscation can be stored, if it is a thing
and) that was used to commit a disciplinary offence,
(b)) that was intended to commit a disciplinary offence,
(c)) that he earned the condemnation of the offence or as a reward for
it, or
(d)) that the person's acquired the thing referred to under (c)).
(2) a disciplinary penalty of confiscation can be saved individually or with
other penalties include disciplining the offenders disciplinary offence case.
The owner of the forfeited things becomes a State.
(3) a disciplinary penalty of confiscation cannot be saved if given the
the higher value stuff was voicing its forfeiture in striking disproportion
the nature of the disciplinary offence.
§ 49
The location to the closed Department and solitary
(1) a disciplinary punishment day to save the location to a closed
Department and location to the solitary is necessary previous assessment
the doctor that the convicted person is medically eligible to submit to this
kázeňskému punishment.
(2) before the advent of the disciplinary punishment of all-day location to a closed
Department or placement in solitary confinement and at least once a week in the
his performance of the convicted person must be examined by a doctor who will assess whether
is eligible for the performance of this disciplinary punishment. This is not a
without prejudice to the right of the convicted person for the provision of health services in another
time during the performance of disciplinary punishment.
(3) when the Spa location in solitary penalty condemned is not working,
does not participate in the treatment program, he's not allowed to smoke, read daily
printing, books or other publications, in addition to legal, educational or
religious literature, and buy food and personal effects with
the exception of sanitary needs. He's not allowed to rest on a bed outside
time to do the internal regulations. The same happens even at the Spa
punishment day placement in a closed Department with the difference that the
a convicted person is obliged to perform janitorial work, and the work necessary to
ensure normal operation in the prison.
(4) with the exercise of disciplinary punishment imposed again touring the location to
the closed department or location to the solitary cannot start earlier than after
the expiry of at least 10 days after the performance of any of the following disciplinary punishments.
However, if a disciplinary punishment day placement in a closed
Department or placement in solitary confinement was again saved during the
the performance of any of the following disciplinary penalties, can be done both such
disciplinary penalties immediately behind.
§ 50
Prevents things
(1) if it has not been decided on confiscation of things, you can decide that the
such a thing works,
and if the offender cannot be considered) disciplinary offence to prosecute or ' ability
punish,
(b) if the thing does not belong to him), or
(c)) if it requires the security of people, property, order in the prison,
or other similar general interest.
(2) the decision to prevent things you must give written notice to the offender
disciplinary offence and the person directly involved, if known.
The owner of the seized things becomes a State.
(3) prevents the things you cannot decide if committing a disciplinary
the offense has elapsed time of one year.
§ 51
Disciplinary powers
(1) the Disciplinary authority over the Director-General shall exercise the prisoners '
The prison service and the directors of prisons. Other employees of the prison service
can disciplinary power to exercise, have been authorised to do so
the Director General of the prison service or with his consent, the Director of the
the prison.
(2) the Director-General of the prison service decided in the Spa control
on the complaint against the imposition of disciplinary punishment.
§ 52
A complaint against a decision imposing a disciplinary punishment
(1) the convicted person has the right, within 3 days from the date of notification of the decision on the imposition of
disciplinary punishment to lodge a complaint against him. Suspensory effect has only
the complaint against the imposition of disciplinary penalty of confiscation.
(2) against a decision to prevent the perpetrator of the disciplinary offence and
person to whom the decision will prevent the matter directly concerns the right to 3 days
from the date of notification of this decision to file a complaint, which has suspensive
effect.
(3) the complaint within 5 working days of submission of the Director
the prison or by a duly authorised employee of the prison service. The decision of the
on the complaint cannot be empowered employee who committed a disciplinary punishment imposed or
who decided to prevent things. On the complaint against the decision of the Director
the prison decides the Director-General of the prison service.
(4) the review of a decision to impose disciplinary penalties pursuant to § 46 para.
3 (b). e) to (h)), and the decision to prevent things can sue in court for
conditions stipulated by special legislation to the same extent, in
such a review is possible in proceedings for the offence. A judgment given in
the disciplinary proceedings, which have been imposed disciplinary penalties pursuant to § 46 para. 3
(a). a) to (d)) and i) are not subject to court review.
§ 53
Remission of disciplinary punishment and the abandonment of the performance of the rest of the disciplinary
the sentence
(1) If a disciplinary punishment, the performance against which you can no longer save
to file a complaint, it is not due to the conduct of the convicted person further
needed, you can waive this penalty.
(2) If a disciplinary penalty for more power is not needed, because
the person's effective efforts to reform manifested, from his performance the rest of the
refrain.
(3) remission of the disciplinary punishment and abandonment of his performance the rest of the
disciplinary punishment considered to be executed.
§ 54
Deletion of disciplinary punishment
(1) If, after the disciplinary punishment of the person's performance satisfies the conditions for
grant him rewards, you can discipline instead of granting cover disciplinary
the penalty.
(2) a disciplinary punishment on the Zahlazením of the convicted person, as if he
disciplinary punishment was not saved.
section 55
Disciplinary discharge another anti social behaviour
(1) the imposition of punishment shall be executed whether or not disciplinary meetings that have
characters of the offences, if committed during enforcement of the sentence.
(2) the imposition of punishment does not rule out disciplinary sentence of his criminal
the prosecution, if the deed is a crime.
§ 56
Interruption of the execution of a sentence
(1) in the case of the successful implementation of the programme of treatment and achieve the purpose
Prison Director may discontinue the rewards in the form of prison sentence
sentence of up to 20 days during the calendar year. Break time is
counts of imprisonment.
(2) for urgent family reasons, the Director may suspend the prison
sentence of imprisonment for up to 10 days during the calendar year.
(3) is to be notified to the person without delay to provide a health service
You cannot be in prison or in a specialized medical
facilities of the prison service, the prison director on the time necessary for
punishment of the convicted party. If the convicted person's injury
did not intentionally break time imprisonment not exceeding 30 days in
the calendar year is counted into the period of imprisonment.
§ 57
The performance of the protective treatment
(1) during enforcement of the sentence can also be stored to perform protective treatment.
(2) If this acreage or the rest of the sentence, beginning with the
with the performance of the protective treatment saved in the form of out-patient
care immediately after the onset of the sentence.
(3) if the Court imposed protective treatment in constitutional form, which was
saved in addition to the enforcement of the sentence is not implemented before the onset of the performance
the sentence, and having regard to the capacity of the prison is such healing in
conditions of imprisonment, the prison shall carry out the measures needed to
ensure that the protective performance of such treatment has been started and what
soon as possible after the onset of the sentence.
(4) if it is necessary in the performance of the protective healing in constitutional form
continue after release from prison under the current constraints on the
freedom, or if it has not been in prison treatment initiated,
the prison will provide timely information needed for bed care providers
the protective treatment to pursue. If provided the start or
the continuation of the performance of the protective healing immediately after enforcement of the sentence,
passes to the date of termination of the sentence of a prisoner in the prison service
the medical device competent provider of inpatient care.
(5) if in the course of execution of a protective treatment ended and
If it is not secured his next performance at the applicable provider
prison health care services, it will send a message about its course and
the outcome of the trial.
TITLE IV
DIFFERENCES OF IMPRISONMENT FOR CERTAIN GROUPS OF INMATES
Part 1
General provisions
§ 58
(1) If this title does not contain special provisions, to be used at the power
the sentence the following groups of convicts of the other provisions of this
the law.
(2) when the prisoners referred to in this title shall be
their psychological, physiological and age peculiarities.
(3) for prisoners referred to in § 67, 69 and 70 are usually in the prison
establish a specialized department. The same applies to nationals of
security forces, military personnel and police officers municipal police, though
their business or similar ratio does.
Part 2
The sentence in the prison for a local execution of a sentence
§ 59
(1) the punishment may be in terms of this Act to perform in the
the prison sentence for a local.
(2) a prison sentence for a local Minister shall be established in agreement with the municipalities,
to be on ensuring the operation of the prison. Prison for local
the sentence shall be set up as a prison for the joint execution of a sentence
the convicts, otherwise included in the prison with supervision or supervised, and
exceptionally, as guarded.
(3) the municipality ensures the operation of the prison sentence for a local performance in terms of
financial and creates the necessary technical conditions for the performance of construction
the effective guarding the prison.
(4) for the operation of the prison sentence for a local State provides the village
subsidies depending on the capacity of the prison. The method of calculating the amount of the subsidies and
conditions of service determined by the Government Regulation.
(5) For security and for compliance with the conditions laid down by law enforcement
the sentence corresponds to the prison service.
(6) to a prison sentence for a local classified Directorate-General
The prison service inmates, for which a penalty or his nevykonaný the rest of the
does not exceed 6 months. In this prison, the convicted person cannot be classified
the Court has imposed protective treatment in institutional form or security
detention.
(7) depending on the capacity of the prison sentence is for local
sentenced to imprisonment placed into such a prison, which is in place
of his domicile or in its vicinity.
(8) during enforcement of the sentence in the prison for a local execution of a sentence are
the conviction obliged to perform work for the benefit of the municipality under the conditions under
which ensure the employment of inmates of the prison. If a municipality after the
transitional period, these works to ensure the prison sentence for a local
can the employment of inmates to ensure by contract as well as with other bodies.
(9) a prisoner, which properly fulfils its obligations, the Director of the prison
for local sentence interrupted a performance penalty on non-working days.
(10) the provisions of this Act, the suspension of the sentence for health
reasons, this does not affect.
Part 3
The sentence for juveniles
section 60
The provisions of this part are used only on the sentence for the young person,
that is inserted into a prison for minors.
§ 61
(1) during enforcement of the sentence of the convicted person, under 18. year of age, the
the prison primarily focus on his education and his training on security
the future of the profession.
(2) a juvenile who has to fulfil the compulsory education, prisons
ensure its implementation of teaching work location.
(3) if the Director of the prison for that, for a young person in the performance of
the sentence was completed at 19. year of age, the purpose of punishment will be achieved its performance in
prison for other prisoners, submits a proposal for reclassification
the young person. In so doing, account shall be taken in particular of the degree of his upbringing and achieved
the length of the nevykonaného the rest of the sentence.
(4) Although the Court decided to keep the young person after the age of 19. of the year
the age of the juvenile in the prison, the prison director may submit a proposal to its
reclassification in accordance with paragraph 3, if the convicted person persistently fails or
serious breach obligations laid down, order or discipline.
(5) in determining the content of the treatment programme with youthful, always
monitors the security of his working capacity and self-sufficient life in the
accordance with the law.
(6) the form and content of training a young person for future occupation prisons
asks for the expression of the legal representative of the juvenile, if with youthful
in prison, liaise, and social protection, the competent authority
children. Classification of a young person to work with the expression of the legal representative
the young person or authority does not require social protection; This is not a
without prejudice to the obligation of prison work closely with parents or other
the legal representatives of the juvenile.
(7) For the young person's participation in the form of education and other fixed
the intended activities of the treatment programme is mandatory if it is
the disabled eligible; After a period of teaching, the youthful not included in the work and
his education is carried out in the form of full-time study.
(8) the Juvenile has the right to receive visits for a period of 5 hours in one
the calendar month.
(9) the prison will allow employees of the shtetls a clustered
the local authority responsible for ensuring the social protection of children
in the performance of his permission to attend the young person and talk with him without
the presence of a third party. These visits do not count towards visits
in accordance with paragraph 8.
§ 62
Packages
A juvenile has the right to four times a year to adopt a package of food and
things of personal use to the weight of 5 kg.
§ 63
Rewards in adolescents
Rewards for juveniles are:
and) praise,
(b) an increase in the duration of) extraordinary visits during one calendar
months up to 8 hours
(c)) to allow a one-time purchase of food and personal items
juvenile, who otherwise cannot perform such purchases,
(d) increase the spending money not more than) one-third of up to 3 calendar
months,
(e)) or prizes of up to $ 1,000,
(f) emergency permit package)
g) extension of personal time off on sports, cultural or other interest
things to do for up to 1 month;
h) permission to leave the prison for up to 24 hours in connection with a visit to
or with a program dealing with adolescents,
I) interruption of enforcement of a sentence.
§ 64
The disciplinary punishments imposed on minors
(1) A disciplinary offence may be juvenile save just one of these
disciplinary punishments:
a) reprimand,
(b) reduction in spending money, not more than) one third up to 2 calendar
months,
(c) prohibition of the adoption of the single package) in the calendar year,
d) forfeiture of things
(e) placement in a closed Department) for up to 14 days, with the exception of the time
established to carry out the tasks specified program deal with young,
(f)) in a confined location Department all day up to 10 days
g) placement in solitary confinement for up to 10 days,
h) withdrawal of benefits arising from the previous disciplinary rewards.
(2) the disciplinary penalties referred to in paragraph 1 (b). e) and (f)) can be
Save the test time is also conditionally on up to 6 months.
§ 65
Interruption of enforcement of a sentence for juveniles and ensure enforcement of the trade
education
(1) the Director of the prison break will allow the enforcement of the sentence on a juvenile of the reasons
referred to in § 56 para. 1, if it can be reasonably considered that the youthful
will be in an environment that will not negatively affect it. Interrupt
as a rule, will not allow him to imprisonment, if the juvenile had to be
the sentence delivered.
(2) If a juvenile was imposed protective education and is ensured
her performance, give the date of termination of the sentence prison service
the convicted person to the appropriate school facilities for institutional or
protective care.
Part 4
The sentence for convicted women
§ 66
The disciplinary penalties imposed on convicted women
A pregnant woman and a woman, which, from the birth of time has not expired more than 6
months may be imposed for a disciplinary offence just one of these
disciplinary punishments:
a) reprimand,
b) forfeiture of things
(c)) the withdrawal of benefits arising from the previous disciplinary rewards.
§ 67
The performance penalty for mothers of minor children
(1) in cases worthy of special attention, if such a procedure
allow the conditions in the prison and the moral assumptions of the sentenced women,
a woman can be sentenced, on request, to permit the enforcement of a sentence
She and took care of her child generally under 3 years of age, if the
such a child was entrusted to the Court in the custody of another person. Before
the prison director's decision will require the assessment of physician and clinical
the psychologist and the authority of the social protection of children, whether such action is
for the benefit of the child.
(2) against the decision of the Director referred to in paragraph 1, the prison sentenced
woman within 3 days from notification of the complaint, which shall have suspensive effect.
The complaint shall be decided by the Director-General of the prison service or to
authorised employee of the prison service.
(3) if the request referred to in paragraph 1 is refused, it sentenced a woman
Repeat the first 3 months from the decision.
(4) permit the competent authority Prison social protection of children
regularly monitor the development of the child, on which the sentenced female takes care in
prison.
(5) the basis of the treatment programme is for mothers who have been allowed to have at
themselves and take care of their child, full-day child care.
(6) the Director of a prison may decide to revoke the permits have in performance
punishment for yourself your child and take care of them, and on the basis of the negative
representation of a doctor or clinical psychologist or authority
the socio-legal protection of children to further the child's stay with the mother in
prison. About this decision of the Director of the prison shall immediately inform the
the District Court and the social-legal protection of children, in whose district the
the prison is located.
(7) against the decision of the Director referred to in paragraph 6, the prison sentenced
woman within 3 days from notification of the complaint, which does not have suspensory
effect. The complaint shall be decided by the Director-General of the prison service, without delay,
services or by a duly authorised employee of the prison service.
§ 68
Break the sentence for convicted women
The convicted woman, who prior to joining the sentence properly she took care of their
a minor child can be the expression of the competent authority, social
the protection of children, extend the length of time that is interrupted a performance penalty, up to
10 days in a calendar year to visit a child who is under the care of
of another person.
Part 5
Performance of inmates contains a permanently
§ 69
(1) prisoners are permanently nezařaditelným is convicted,
and older) that is 65 years old, if he has requested for inclusion in the work,
(b)) which has been recognised in the third degree invalidity ^ 22), unless he himself requests
inclusion in the work and the working ability of such a classification
accepts or
(c)) whose health condition does not allow permanent work assignments.
(2) permanently nezařaditelným a convict can store only such
the disciplinary penalties that can be otherwise save adolescents.
Part 6
The performance of inmates with mental disorders and behavioural disorders
section 70
For inmates
and with impaired mental and) conduct disorder,
(b)) with personality and behaviour disorders caused by substance abuse
substances, or
(c)) with mental retardation
in the internal regulations of the prison, especially when selecting the content and forms of program
treatment, account shall be taken of the conclusions of the assessment of these medically
convicts and the need of the individual or group therapy
the action.
Part 7
The performance of a life sentence
§ 71
(1) the internal regulations of the prison, as well as the content and forms of treatment of prisoners
to life imprisonment must also take account of the nature of this punishment and
the hazard of the inmates, which is such a penalty saved.
(2) the Sentence to life imprisonment or imprisonment cannot be interrupted
grant him the reward of a permit disciplinary temporarily abandon
the prison in connection with a visit or with a program of treatment.
(3) the Sentencing to life imprisonment are usually billeted.
Part 8
The sentence for convicted foreigners
§ 72
(1) when placing inmates who are not nationals of the Czech
Republic (hereinafter referred to as "aliens"), to a prison shall proceed
so that the aliens of the same nationality or speaks in the same or
similar language able to communicate together, if it is not in conflict with
the purpose of the punishment.
(2) Foreigners shall allow access to the reading of books in a language
that they control, where appropriate, depending on the area of punishment they will create
appropriate conditions for learning the Czech language.
(3) an alien shall immediately after the adoption of the imprisonment shall instruct on the law
refer to the diplomatic mission or consular post of the State of which the
citizen. Refugees and persons without citizenship is about
the right to apply to the diplomatic mission of the State in charge of protecting their
interests or to international authorities and the international organisations whose
Mission is to protect those interests.
(4) aliens to instruct on the law on the adoption of the consular visits. Such
the visit is included in the visits mentioned in section 19.
(5) the foreigners immediately after admission to a prison about
the possibility of submitting a request for a transfer to a prison in the State of which they are
nationals, as well as about the legal consequences of this transfer, if
such a procedure allows the international treaty, which is the Czech Republic
bound.
(6) the prison shall instruct foreigners of their rights and obligations in the mother
language or in a language which he understands; the lessons learned will be drawn up a record that
alien signs.
Part 9
The sentence very dangerous inmates
§ 72a
(1) a very dangerous prisoners is convicted,
and) who has been sentenced to exceptional punishment,
b) against which criminal prosecution for a particularly serious crime
committed during custody or enforcement of a sentence,
(c)) in the last five years tried to flee or escaped from
custody or enforcement of a sentence,
(d)) that can reasonably be expected to threaten the safety of others
persons.
(2) a very dangerous convict is usually placed to the Department
reinforced construction and technical security. Decision of the Director of the prison
for inclusion in the Department with reinforced construction and technical security is
be made in writing and delivered to the convicted party. Against a decision may
the convicted lodged within 3 days from receipt of the complaint, which does not have suspensory
effect. The complaint shall be decided by the Director-General of the prison service or
authorized employee of the prison service.
(3) a very dangerous convicted pursuant to paragraph 1. ) to c) to
enhanced structural-technical security placed on time
for a maximum of 90 days. If they are not detected at this time the reasons referred to in paragraph 1
(a). (d)), the convicted person from this Department. If at this time
such reasons identified, convicted in this Department leaves, even
repeatedly, the longest on the other 180 days.
(4) a very dangerous convicted pursuant to paragraph 1. (d)) to the Department
with reinforced construction and technical security placed on the maximum period of
180 days. If they are not detected at this time, the reasons for this location,
convicted from this Department. If in this time of such
the reasons identified, convicted in this Department leaves, even
repeatedly, the longest on the other 180 days.
(5) the convicted person is included in the enhanced technical construction
Security may request the Director of the prison about the disposal of this
the Department has undertaken if it considers that the grounds for such inclusion, there occurred or
have passed away. Decision on the application shall be made in writing and shall be served on the
the convicted party. The decision may lodge against the convicted person within 3 days of delivery
the complaint, which does not have suspensory effect. The complaint shall be decided by the General
the Director of the prison service or the authorized employee of the prison service.
If the request of the convicted person was rejected, may be doomed to submit again to
After the expiration of three months from the decision.
TITLE V OF THE
RELEASE FROM PRISON
section 73
The reasons for release
A prison shall release the convicted person from prison, if
and the sentence has elapsed) set out in the final and enforceable
decision of the Court and the prison service has not been delivered to the order of the Court to
the performance of the next sentence
(b)) received a written order that the convicted person has been released,
issued by a court on the basis of its decision,
(c) the State Prosecutor ordered their release) in the exercise of supervision
penalty, or
(d)) on the release of the President of the Republic decided to grant pardons or
the Minister in the performance of its permissions according to the code of criminal procedure.
§ 74
The output of the Department
(1) in prisons can be to set up the output of the Department in which the reasonable
time before the expected end of the prison as a rule, be classified
the conviction, which has been sentenced for a period longer than 3 years, and
the conviction, which should be to assist in creating favourable conditions for the
self-sufficient life in accordance with the law.
(2) treatment programs are prisoners to the output
the Department updated and aimed at preparing them to self-sufficient
life in accordance with the law.
§ 75
Cooperation with the social security institutions
For the duration of the prison sentence they create preconditions to
a conviction could after his release from prison move smoothly into the
soběstačného life in accordance with the law. While working closely with
the competent authorities of social security, in particular, provide them in a timely manner
the necessary information and enable them to continuous contact with the prisoners.
TITLE VI OF THE
COMMON, TRANSITIONAL AND FINAL PROVISIONS
Part 1
Common provisions
§ 76
Common provisions on procedure
(1) proceedings under this Act are not covered by the administrative code.
(2) decision issued under this Act shall be notified to the person to whom the
concerns; in the case that the law against such decision, admits
the complaint is in writing, you must draw up and deliver to such person.
(3) notification shall be either the announcement of the decision in the presence of
to which it relates, or upon delivery of the written copy of such
decision.
(4) a complaint against the decision has suspensive effect only if
so this law expressly provides.
(5) to rule on actions brought against decisions of the prison service is
the District Court in whose district the annulment of the contested decision.
§ 77
Performance gradually sentencing
Gradually the stored, and yet the other betrothed party penalties are considered from the perspective of
the performance penalty for penalty only.
§ 78
Supervision over the power of punishment
(1) supervision over compliance with legislation when the sentence done
the Regional Prosecutor's Office in whose district the punishment.
(2) in the exercise of supervision, the State Prosecutor shall be entitled to:
and) at any time to visit the place where the sentence is carried out,
(b) inspect the documents) under which a conviction were deprived of their liberty,
talk to the prisoners without the presence of other people,
c) verify that the orders and decisions of the prison service in the prison
regarding the performance penalty of the match to the laws and other legal regulations,
(d)) apply from employees of the prison service in the prison needed an explanation,
submission of files, documents, orders and decisions relating to the performance
the sentence,
e) issue orders to the maintenance provisions applicable to the execution of a sentence,
(f)), order that a person who is in prison held illegally, was
immediately released.
(3) the prison service is committed to the public prosecutor in accordance with paragraph commands
2 without delay.
(4) the provisions on supervision shall not affect the obligation of the prison service in
the range of its competence to carry out its own inspection activities and permissions
the Minister, or the authorities or persons empowered to that end established by him
special law. ^ 1)
§ 79
Payment of health services in specific cases
Health services provided to a prisoner who is not insured under the
the Act on public health insurance), ^ 23 shall be borne by the prison service.
Part 2
Transitional, enabling and cancellation provisions
§ 80
Temporal application of the Act
The provisions of this law are also on the performance of the sentencing guidelines, which have been
been stored before the effective date of this Act.
§ 81
Powers of execution
The Ministry of Justice shall issue a decree the order of imprisonment
freedom, in which lays down the details in the
and the recruitment, placement,) Marshal, transfer and dismissal
the convicts,
b) safeguarding the rights convicts and their social status by
This law,
(c) implementation of the programme) treatment and the employment of convicts
d) ensuring order and safety in places of imprisonment,
(e)), the Spa management
(f) the participation of non-State actors) on the fulfilment of the purpose of punishment,
g) mode of imprisonment for certain groups of inmates, and
(h) the performance of the protective healing) during enforcement of the sentence.
§ 82
Regulation (EEC)
Act No. 59/1965 Coll. on imprisonment, in
amended by Act No. 174/1968 Coll., Act No. 100/1970 Coll., Act No. 47/1973
Coll., Act No. 175/1990 Coll., Act No. 294/1993 Coll., constitutional
Court No. 8/1995 Coll. and Act No. 152/1995 Coll.
PART TWO
Amendment of the Act on the public prosecutor's Office
section 83
Act No. 283/1993 Coll., on the public prosecutor's Office, as amended by Act No.
261/1994 Coll. and Act No. 201/1997 Coll., is amended as follows:
1. in paragraph 4, the following paragraph 4a is inserted:
"§ 4a
The Prosecutor's Office shall exercise, to the extent and under the conditions laid down
a special law supervision over compliance with legal regulations in places,
where custody, imprisonment, protective treatment, protective
or institutional care, and in other places where it is under legal
permissions restricted personal freedom. ".
2. in section 11 is added to § 11a is inserted:
"§ 11a
Permission according to § 10 and § 11 (1) 3 against the public prosecutor responsible for
the exercise of supervision pursuant to Section 4a may only be performed by authorized State representative
closest to the higher public prosecutor's Office, which also belongs to the right
supervision in accordance with § 9 para. 1 and 2. ".
3. under section 19 shall be added to § 19a is inserted:
"§ 19a
The exercise of supervision pursuant to Section 4a, and the exercise of the permission specified in § 11a
instructs the Prosecutor assigned to a particular public prosecutor's Office
the Attorney General. ".
PART THREE
Amendment of the Act on the prison service and judicial guard
§ 84
Act No. 555/1992 Coll., on the prison service and judicial guard of the Czech
Republic, is amended as follows:
1. In article 2 (2). 1, letter a) including the footnotes No. 1) and (2)):
"and) manages and guards the Constitution, in which the custody and custodial
freedom, is responsible for guarding the institutes that are under a special
legal regulation ^ 1) managed by a person other than the prison service, and
responsible for the guarding of prisons for the local execution of a sentence, which are
operated by the municipalities under special legislation. ^ 2)
1) section 13 of Act No. 169/1999 Coll., on the execution of imprisonment and of
amending certain related laws.
2) section 59 of the Act No. 169/1999 Coll. ".
Former footnote No. 1) to (5)) are known as notes under
line # 3) to 7), including links to footnotes.
2. in section 17(2). 2 g) shall be deleted; subparagraph (h)) to m)
referred to as the letters g) to (l)).
3. In article 17, the following paragraph 5 is added:
"(5) If a due to the previous behavior of the convicted person, who shall exercise the
the sentence in the prison with increased security or a justified concern,
that could behave in a violent manner, can be used when performing
law enforcement the means referred to in paragraph 2 (a). b), c) and (e))
compliance with the conditions laid down in paragraph 1. Member is entitled to
such coercive means unless it is to fulfill the purpose of the Act
necessary. ".
PART FOUR
cancelled
§ 85
cancelled
PART FIVE
§ 86
The effectiveness of the
This Act shall take effect on 1 January 2000. January 1, 2000.
Klaus r.
Havel, v. r.
Zeman in r.
1) Act No. 555/1992 Coll., on the prison service and judicial guard of the Czech
of the Republic.
2) section 203 of the Act No. 262/2006 SB., labour code, as amended
regulations.
3B) § 2 (2). 1 (b). (c)) of the Act No. 218/2003 Coll., on responsibility of youth
for unlawful acts and the judicial system in matters of youth and amending
Some laws (the law on the judicial system in matters of youth).
4) Act No. 40/2009 Coll., the criminal code, as amended.
Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
as amended.
5) Law No. 372/2007 Coll., on health services and conditions of their
provision (law on health services), as amended
the regulations, as amended.
Act No. 48/1997 Coll., on public health insurance and amending and
certain related laws, as amended.
Act No. 592/1992 Coll., on premiums for general health insurance, in
as amended.
6) Decree No. 157/1964 Coll. on the Vienna Convention on diplomatic
relations.
Decree No. 32/1969 Coll. on the Vienna Convention on consular relations.
7) § 116 of Act No. 40/1964 Coll., the civil code, as amended
regulations.
8) Act No. 3/2002 Coll., on freedom of religion and the status of
churches and religious societies and on amendments to certain acts (the Act on
churches and religious societies), as amended by the Constitutional Court
published under no. 4/2003 Coll.
9) Act No. 108/2006 Coll., on social services.
10) Act No. 262/2006 Coll. as amended.
Act No. 174/1968 Coll., on State specialized supervision of work safety,
in the wording of later regulations.
Act No. 133/1985 Coll., on fire protection, as amended.
11) Act No. 202/1990 Coll. on lotteries and other similar games, in
as amended.
12) § 238-247 of the Act No. 262/2006 Coll. as amended.
Convention concerning the night work of young people employed in the industry, well known under the
No 460/1990 Coll.
13) section 93 of Act No. 262/2006 Coll. as amended.
15) section 258 of the Act No. 99/1963 Coll., the code of civil procedure, as amended by
amended.
16) section 250 of the Act No. 262/2006 Coll. as amended.
17) § 265, 269 and 270 of Act No. 262/2006 Coll. as amended,
regulations.
18) § 365-393 of Act No. 262/2006 Coll. as amended.
19) § 266 to 268 of Act No. 262/2006 Coll. as amended.
20) section 250 et seq.. Act No. 99/1963 Coll., as amended.
22) section 39 of Act No. 155/1995 Coll., on pension insurance, as amended by
amended.
23) Act No. 48/1997 Coll., as amended.
