The Probation And Mediation Service

Original Language Title: o Probační a mediační službě

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=49576&nr=257~2F2000~20Sb.&ft=txt

257/2000 Coll.



LAW



of 14 July 1999. July 2000



the probation and mediation service and amending Act No. 2/1969 Coll., on establishment of the

ministries and other central bodies of State administration of the Czech Republic,

as amended, Act No. 65/1965 Coll., the labour code, in the

as amended, and Act No. 359/1999 Coll., on social-legal

the protection of children



(the law on probation and mediation service)



Change: 342/2006 Sb.



Change: 112/2006 Coll. 264/2006 Sb.



Change: 218/2009 Sb.



Change: 227/2009 Coll., 181/2011 Sb.



Change: 181/2007 Sb.



Change: 357/2010 Sb.



Change: 375/2007 Sb.



Change: 303/Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



THE PROBATION AND MEDIATION SERVICE



TITLE I OF THE



THE ESTABLISHMENT, ORGANIZATION AND ACTIVITIES OF THE PROBATION AND MEDIATION SERVICE



The probation and mediation service



§ 1



(1) there is hereby established the probation and mediation service, which performs in the range of

established by a special law or ^ 1) acts of probation and mediation in

cases heard in the criminal proceedings.



(2) the probation and mediation service is an organizational component of the State and the Court of

unit.



§ 2



(1) for the purposes of probation this Act means organizing and carrying out

supervision of the accused, an accused or a convict (hereinafter referred to as

"the accused"), control of the execution of criminal penalties not involving deprivation of liberty,

including the obligations and restrictions, monitoring the behavior of the convicted person in the

probation conditional release from imprisonment,

Furthermore, individual assistance to the accused person, and exposure to it, to lead a proper

life has passed by the Court or the public prosecutor imposed conditions, and thus

There has been a restoration of disturbed by legal and social relations.



(2) mediation for the purpose of this Act, a non-judicial

mediation in order to resolve a dispute between the accused and the injured party, and

working towards a settlement of the conflict in

connection with criminal proceedings. Mediation can be made only with the express

the consent of the accused and the injured party.



§ 3



Organization of the probation and mediation service



(1) at the head of the probation and mediation service is the Director, appointed by and

recalled by the Minister of Justice. Director of probation and mediation service

ensure its operation for the personnel, organizational, economic,

material and financial.



(2) performance of the tasks of the probation and mediation service in relation to courts, public

Prosecutor's Office and the authorities of the police of the Czech Republic shall ensure its

the Centre, which operates in the premises of the district courts or with

built of local or municipal courts (hereinafter referred to as the "district courts").

Probation and mediation service centres (hereinafter referred to as "the Centre")

the headquarters of the district courts, which are at the same time the mansions of the regional courts or the

The municipal court in Prague, ensure that the tasks of the probation and mediation service

in relation to these courts, the competent public prosecutors ' offices and

police authorities.



(3) the jurisdiction of the centres to probation and mediation is governed by the

jurisdiction of the Court and, in preliminary proceedings, the Prosecutor in whose

the perimeter of the Centre operates. To speed up the proceedings or for other important

the reasons may President of the Chamber or a judge of the competent court, and in

the preliminary proceedings, the Prosecutor the necessary

the operations centre, in whose district the person lives, that such acts

concern.



(4) in the municipalities, which are the residences of two or more district courts may be

the Centre merged so that their number will be lower than the number of

Here the courts of Québec.



(5) the Centre can be further broken down, as appropriate, the Department focused

in particular the juvenile accused, accused in an age close to the age

of minors or on the user of narcotic drugs and psychotropic substances.



(6) the details for the creation of centres and their internal organization

modifies the status of probation and mediation service, issued by the Ministry of

Justice (hereinafter referred to as "the Ministry").



§ 4



The activity of the probation and mediation service



(1) the probation and mediation service creates preconditions to thing

in appropriate cases, can be discussed in one of the Special

types of criminal proceedings, or it can be stored and executed the penalty if it is

involving deprivation of liberty, or the binding has been replaced by other measures. For this

the purpose of the accused provides professional guidance and assistance, monitoring and

checks for his behavior and work with family and social

the environment in which he lives and works, in order to lead in the future

an orderly life.



(2) a probation and mediation activities referred to in paragraph 1 is



and procurement of materials) in the person of the accused and his family and

social facilities,



(b)) in the creation of conditions for the decision on conditional stop

criminal prosecution, or for the approval of a settlement, in particular, consultation and

conclusion of the agreement between the accused and the injured party for damages or

unjust enrichment, or settlement, or

the conditions for such further process procedures or penalties, whether with

imprisonment,



(c)) in the supervisory treatment of behaviour of the accused in cases where

the decision to replace a link with a probation supervision,



(d)) in the oversight over the behavior of the accused in cases where the

the sight is saved, in the monitoring and control of the accused during the trial

the time, in the control of performance of other unrelated sentences involving deprivation of liberty,

including the penalty of community service work in monitoring the performance of protective

measures,



e) to monitor and control the behavior of the convicted person during the trial period

in cases where it was decided on conditional release convicted of

imprisonment.



(3) probation and mediation service at the same time helps you troubleshoot

the consequences of the crime victims and other persons affected by crime

of the offence.



(4) the probation and mediation service pays special attention to minors

the accused and the accused in the age close to the age of minors, contributes to the

protect the rights of crime victims and to coordinate

social and therapeutic programs working with detainees, particularly with regard to

about teenagers and the user of narcotic drugs and psychotropic substances.



(5) the probation and mediation service is involved in crime prevention.



(6) the Acts of probation and mediation, unless this or a special law

assigned to the exclusive competence of the probation and mediation service, may

carry out or participate in another person.



(7) the probation and mediation service performs tasks within its jurisdiction on the

instructs the bodies active in criminal proceedings and, where appropriate, in

mediation even without such guidance, in particular, on the initiative of the accused and the

the injured party; in these cases, it shall immediately inform the competent

body active in criminal proceedings, which may decide that the thing to

mediation does not pass, and therefore will not be carried out of the mediation.



(8) in connection with the acts of probation and mediation is a probation and mediation

service shall be entitled to procure information and knowledge about the person of the accused or

on the opinions of the victim of a court decision or the State

representative.



(9) the police and the Prosecutor understands that the Centre about matters

suitable for mediation; in particular in criminal matters of minors shall proceed

so that the mediation has been used since the beginning of criminal prosecution or place

it.



§ 5



Synergy of the probation and mediation service with public authorities and other

institutions



(1) the probation and mediation service progresses, if appropriate, in the

liaison with the social security institutions, schools, and school

devices, the provider of health care services, with the registered churches

and religious societies, interest associations of citizens, foundations and

other institutions pursuing humanitarian objectives and, if necessary,

This synergy of coordinates in terms of the use of probation and mediation in

criminal proceedings.



(2) the probation and mediation service in the exercise of their jurisdiction closely

cooperate with the authorities, to whom, under a special law enforcement

the socio-legal protection of children and the provision of assistance in material need benefits

the citizens of socially nepřizpůsobeným.



(3) in connection with the performance of probation and mediation are employees of Probation

and mediation services are entitled to complain to the State authorities and the legal and

natural persons with the requisite data communication addressed letters rogatory and these are

required, unless a special Act or permission in it

mentioned, ^ 2) the required information without undue delay. In

connection with the performance of probation and mediation is on probation and mediation

service shall be entitled to request a copy of the criminal records under the

special legal regulation; application for the issue of a copy of the registration

Criminal records and a copy of the criminal record shall be transmitted in

electronic form in a manner allowing remote access.



(4) the refusal of the State authority, legal or natural person for no reason

to comply with the request referred to in paragraph 3, the employee shall submit to the probation and

mediation services thing, the presiding judge or the single judge and in the preparatory

proceedings to the Prosecutor for further action.



(5) if the criminal proceedings against the accused person is in custody or in the

imprisonment or if it is in custody or in prison


deprivation of liberty is an accomplice in, or is damaged, follow the probation and

mediation service in the performance of its mission, in cooperation with the prison

the service and of the judicial guard of the Czech Republic. If it is necessary in the

with regard to the findings and discussing his views on criminal case

or with preparing for the decision of the Court or the public prosecutor,

The prison service will allow official of the probation and mediation service visit

the accused is in custody or in prison. If

the accused in custody reason referred to in section 67 para. 1 (b). (b)) of the criminal

the order, it may be an official of the probation and mediation service visit only

the consent of the President of the Chamber or a judge, and in preparatory proceedings

the public prosecutor. The other accused is in custody or in prison

deprivation of liberty may attend without such consent.



Section 5a



the title launched



(1) the Ministry of the Interior or the police of the Czech Republic provides Probation

and the mediation service for the execution of the authority under this Act, and other

the legislation of the



and from the base) a reference population register,



(b)) the data from the agendového information system of population register,



(c)) the data from the agendového information system for foreigners,



(d) the data from the registry) of the social security numbers of individuals who have been

assigned a social security number, but they are not kept in information systems

referred to in subparagraphs (a) (b)), and (c)).



(2) Information Provided pursuant to paragraph 1. and) are



and) surname,



(b) the name or names),



(c) the address of the place of stay)



(d)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, place and the State where he was born,



(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory

The United States, date of death, place and the State on whose territory the death

has occurred; If it is issued the Court's decision on the Declaration of death, day,

that is the decision, listed as the day of death or the date on which the entity

data declared dead have survived, and the date of acquisition of legal power of this

the decision,



f) nationality, or more of State citizenship.



(3) Information Provided pursuant to paragraph 1. (b)) are



and) the name or name, last name, or changing them, native

last name,



(b)) date of birth,



c) gender,



d) place and County of birth; for the citizen, who was born in a foreign country, location and

citizen of the State where he was born,



(e)), social security number,



f) country of citizenship,



g) address of residence, including previous address space

permanent residence,



h) origin of the residence, where appropriate, the cancellation date data on the place of

permanent residence or the date of their permanent residence in the territory of the United

Republic,



I) limitation of incapacitation,



j) social security number, father, mother, or other legal representative; in

If one of the parents or other legal representative does not have a social security number,

his name, where applicable, the name, surname and date of birth,



k) marital status, date of his changes and place of marriage,



l) social security number of spouse; If the husband is a foreigner who does not have an assigned

social security number, his name or names, the surname of the husband, and the date of its

birth,



m) social security number of the child,



n) acquisition,



o) day, who was in the Court decision about declared missing listed

as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition

the decision of the Court about the declared missing,



p) date, place and County of death; in the case of the death of a citizen outside the United

Republic, date of death, place and the State on whose territory the death occurred,



q) day, who was in the Court decision on the Declaration of death listed

as the day of death or the date on which the citizen declared dead.



(4) Information Provided pursuant to paragraph 1. (c)) are



and) the name or names, surnames, their change, maiden name,



(b)) date of birth,



c) gender,



(d)) instead, and the State where the alien was born,



(e)), social security number,



f) country of citizenship,



(g)) the type and address of the place of stay



h) number and validity of the residence permit,



even the beginning of the stay, if applicable) date of the termination of the stay,



j) limitation of incapacitation,



k) administrative or judicial expulsion and the period for which it is not allowed to enter

on the territory of the Czech Republic,



l) marital status, date and place of its changes, the name or names,

the surname of the husband, social security number or date of birth,



m) the name or names, the child's name, social security number, if the child is

a stranger; in the case that the social security number was not assigned, date of birth,



n) name or names, the surname of the father, mother or any other

legal guardian, their social security number, if they are aliens; in the case of

that one of the parents or other legal representative does not have a social security number, its

name or name, surname and date of birth,



o) day, who was in the Court decision about declared missing listed

as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition

the decision of the Court about the declared missing,



p) date, place and County of death; in the case of deaths outside the United

the Republic, the State on whose territory the death occurred, or the date of death,



q) day, who was in the Court decision on the Declaration of death listed

as the day of death or the date on which the stranger declared dead.



(5) Information Provided pursuant to paragraph 1. (d))



and) the name or name, surname, maiden name, if applicable



(b) the social security number),



(c)) in the event of the original social security number, personal identification number,



(d)) the day, month and year of birth,



e) place and County of birth; for physical persons born abroad of a State in

whose territory was born.



(6) the data which are kept as reference data in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(7) of the provided data that can be used in a particular case only

such data, which are necessary for the performance of the task.



TITLE II



OFFICIALS AND ASSISTANTS



§ 6



The position of officials and assistants



(1) the tasks of the probation and mediation service at its centres in

employees of the State of employment in the functions of the officials or assistants

The probation and mediation service. The employment of civil servants and assistants

The probation and mediation service is governed by the labour code, if this law

provides otherwise.



(2) an official of the probation and mediation service must be unimpeachable and enjoys the full and

You must have a university degree in the field of social sciences obtained

the termination of studies in the master's degree programme and support exam

the Centre will allow him to perform after completing basic

qualifying training for officials of the probation and mediation service.



(3) an Assistant of the probation and mediation service can become impeachable

a natural person over the age of 21, that is, and has won high school enjoys the

education in the field of social sciences.



(4) officers and assistants are required to further educate and deepen

your expertise.



(5) the scope and content of the qualifying exams for the education and training

officials and the contents of the specialized course for assistants to the probation and

mediation services lays down the Statute of the probation and mediation service.



The rights and obligations of officials and assistants



§ 7



(1) an official of the probation and mediation service is in the exercise of his functions shall

follow the laws, other legislation and the instructions of the President of the Senate, or

a single judge, and in preparatory proceedings by the public prosecutor, which, however, must not

directed to the method and result of the carried out mediation. In doing so, must

to proceed responsibly, respecting and protecting human rights and freedoms,

the dignity of man and avoid action that could lead to

thwarting the purpose of the criminal proceedings or inspired doubts as to its

objectivity and impartiality. Failure to comply with these obligations, the

President of the Chamber or a judge, and in preliminary proceedings, the Prosecutor

case officer to revoke probation and mediation service.



(2) an official of the probation and mediation service is entitled to check for opinion

the accused to conditional cessation of criminal prosecution, to the imposition of sentence

in General, community service or to store any other punishment unrelated with

imprisonment, and as regards the approval of the settlement, discover

opinion of the accused and the injured party.



(3) if the accused violates the terms, restrictions or obligations set out in

under supervision, or restriction or obligation imposed on him under a

the penalty of imprisonment, versus conditional cessation of criminal

the prosecution conducted by the parole officer or probation and

mediation services, it shall inform the President of the Senate or clerk

a single judge, and in preparatory proceedings by the public prosecutor. When a less severe

violation of the conditions imposed, restrictions or obligations, the officer

The probation and mediation service to notify the accused of the deficiencies observed

and give him the lesson that in the event of a repeat infringement or serious

specified conditions, restrictions or obligations will be to inform the

the President of the Chamber or a judge, and in preliminary proceedings the State

representative.




(4) an official of the probation and mediation service shall have the right, within the limits of its

the scope of access to criminal files kept at the Court of the State

the Prosecutor's Office and the police of the Czech Republic, make these excerpts and

notes and make a copy of files and their parts.



(5) an official of the probation and mediation service shall not perform acts in the same case

probation and mediation.



(6) the individual acts on the instructions of official of the probation and mediation service

carry out and ensure the Centre's organizational and assistants who

also perform the necessary administrative work. If the assistants perform

the individual acts on the instructions of an official shall be subject, mutatis mutandis, to paragraph 1

up to 5.



§ 8



(1) the clerk and Assistant probation and mediation services are excluded from the

carrying out of probation or mediation for similar reasons, which the law

provides for the exclusion of the bodies active in criminal proceedings. ^ 3) once

official or Assistant learns of facts for which could be

excluded, shall notify without delay to the President of the Senate or the single judge and in

preliminary proceedings, the Prosecutor. In proceedings until such time as it is about

exclusion decided to make only those tasks that will not endure.



(2) the exclusion referred to in paragraph 1 shall be decided by the President of the Senate, or

a single judge, and in preparatory proceedings by order of the public prosecutor; against the

This decision is not an appeal admissible.



(3) if it has been decided that the officer or Assistant is excluded,

Chairman of the Board shall determine the place or a single judge, and in preparatory proceedings

the State official or a representative of another Assistant.



§ 9



(1) the clerk and Assistant to the probation and mediation service shall be required, even after

termination of employment of professional secrecy about matters that are

learned in connection with the performance of their functions. Obligations of confidentiality

When the performance of the probation cannot be relied on in relation to the police authority,

the Court or the public prosecutor. As well, cannot rely on confidentiality

against the Ministry as regards the necessary data for the performance of obligations under the

renowned international treaties, which the Czech Republic is bound.



(2) the Officer or Assistant probation and mediation service cannot be used in

following his mediation to interrogate the facts,

they learned when the mediation to resolve the dispute or in connection with the

him and that aren't reflected in the conclusion of the agreement between the accused and the

the victims, except as by law the obligations imposed to thwart

commit a crime or to report a crime.



§ 10



The head of the probation and mediation service centres



(1) the work of the Centre organises and controls the head of officials

the competent centres appointed and recalled by the proposal of the Director of probation and

mediation services the Minister of Justice, after consultation with the Council for probation

and mediation.



(2) the Centre Manager may not give instructions to officials and assistants

The probation and mediation service to probation and mediation in

contrary to the instructions of the President of the Chamber or a judge, and in preparatory proceedings

the public prosecutor.



TITLE III



THE STATE ADMINISTRATION OF THE PROBATION AND MEDIATION SERVICE



§ 11



(1) in the exercise of State Administration Department creates a probation and mediation

the conditions for the proper enforcement of probation and mediation, in particular after the

the personnel, organizational, economic and financial.



(2) the Ministry shall exercise over the activities of the probation and mediation service

supervision.



§ 12



The Council for probation and mediation



(1) in the interest of the conceptual and methodological influence and administration

the activities of the probation and mediation service probation Board shall be established and

mediation as an advisory body to the Minister of Justice.



(2) the members of the Council for probation and mediation shall be appointed by the Minister of Justice of the

judges, prosecutors, officials of the probation and mediation service and

other persons having expert knowledge and experience from the field of probation and

mediation.



(3) the Council for probation and mediation in particular



proposed rules) on the basis of which are created by the probation

programs, and the rules and standards of the probation and mediation activities

approved, in its decision, the Minister of Justice



(b) conceptual and methodological) hears the materials prepared by the Department,



(c)) is expressed to the appointment and dismissal of the heads of centres of the probation and

mediation services,



(d)) for the temporary secondment of officials of the probation and mediation

services to the Ministry.



TITLE IV



PROVISIONS COMMON, TRANSITIONAL AND FINAL



section 13 of the



(1) the probation officers, clerks, court secretaries and

officials of the public prosecutor's Office, who the effective date of this Act,

they have worked for the probation activity, become the custom application to be submitted to the

one month from the efficacy of this law, the employees of the probation and

mediation services in the Centre for working in the headquarters of the authority, which were

employees.



(2) Probation officers, clerks, court secretaries and

officials of the public prosecutor's Office, who is referred to in paragraph 1 have become

the staff of the probation and mediation service, may for a period of two years from the

the effectiveness of the Act to carry out the activities of the officials of the probation and mediation service,

even if you do not meet the qualification requirements established by this Act.

Begins at this time to study at a University in the master's

study programme in the field of social sciences and in this study properly

continuing on, the ability to carry out the activities of the officials of the probation and mediation

the service will be extended until the completion of the study.



(3) officials of the probation and mediation service, who started the study referred

in paragraph 2, the date of expiry of the two-year period to become assistants to the probation and

mediation services.



§ 14



For the final exam of an official professional probation and mediation service can

the Minister of Justice to recognize whether or not the test for probation officers before

the Commission appointed the Minister of Justice, which has been successfully made

before the entry into force of this Act.



§ 15



(1) For demonstrating integrity and incapacitation of the national citizen

the Member State of the European Union or of another State, or by persons without the State

the jurisdiction of the official document that is sufficient for such purposes is issued by

in the State from which the applicant originates or comes. Does not issue in

This state of such a document, it is an affirmation of the applicant.



(2) to meet the education requirements under section 6 (1). 2 it is sufficient to

the applicant for the function of the official of the probation and mediation service, which is a public

a citizen of a Member State of the European Union or of another State, or by a person

without nationality prove



and that it has the qualifications,) that is required for the performance of the functions of an official

The probation and mediation service in a Member State of the European Union or other

State from which he originates or comes, and he passed the exam, or a diff.



(b) perform a similar function) that the clerk of the probation and mediation service after

for two years during the last ten years in the Member State of the European

Union or of another State which does not provide for qualifying for this function

assumptions, and composed the differential test.



(3) the contents and scope of the differential test provided for by statute the probation and mediation

the service.



(4) to satisfy the education requirements under section 6 (1). 3 it shall be sufficient to

applicants for Assistant probation and mediation service, which is a public

a citizen of a Member State of the European Union or of another State, or by a person

without nationality prove



and that it has the qualifications,) that is required for the performance of the functions of the Assistant

The probation and mediation service in a Member State of the European Union or other

State from which he originates or comes, or



(b) that perform a similar function) as an Assistant after the probation and mediation service

for two years during the last ten years in the Member State of the European

Union or of another State which does not provide for qualifying for this function

assumptions.



PART TWO



Amendment of the Act on the establishment of ministries and other central bodies of the State

administration of the Czech Republic



section 16 of the



section 11 of Act No. 2/1969 Coll., on establishment of ministries and other Central

Government of the Czech Republic, as amended by Act No. 357/1992 Coll.,

Act No. 555/1992 Coll., Act No. 283/1993 Coll., Act No. 135/1996 Coll.

and Act No. 272/1996 Coll., is amended as follows:



1. in paragraph 3, the following paragraph 4 is added:



"(4) the Ministry of Justice is the central body of State administration for

probation and mediation. ".



The current paragraph 4 shall become paragraph 5.



2. The former paragraph 5 is deleted.



PART THREE



cancelled



§ 17



cancelled



PART FOUR



Amendment of the Act on social and legal protection of children



section 18



In § 51 para. 4 Act No. 359/1999 Coll. on social and legal protection of children,

at the end of the dot is replaced by a semicolon and the following subparagraph (c)), which

added:



"(c)) provide the probation and mediation service, at its request, information in

extent necessary for criminal proceedings. ".



PART FIVE



The EFFECTIVENESS of the



§ 19



This Act shall take effect on 1 January 2000. January 1, 2001.



Klaus r.



Havel, v. r.



in the financial times in the r..



1)



Act No. 140/1961 Coll., the criminal act, as amended.



Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

as amended.



for example, § 2), 99 and 100 criminal procedure.



2A) Act No. 133/2000 Coll., on registration of the population and the birth numbers and


amendments to certain laws (law on population register), as amended

regulations.



2 c) section 13b of Act No. 133/2000 Coll., as amended by Act No. 53/2004 Sb.



3) § 30 paragraph 2. 1 code of criminal procedure.