The Prison Service And Judicial Guard Of The Czech Republic

Original Language Title: o Vězeňské službě a justiční stráži České republiky

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40337&nr=555~2F1992~20Sb.&ft=txt

555/1992 Coll.



Law



The Czech National Council



of 17 May. November 1992



the prison service and judicial guard of the Czech Republic



Change: 293/1993 Coll.



Change: 169/1999 Coll.



Modified: 30/2000 Coll., 460/2000 Sb.



Change: 436/2003 Coll.



Change: 413/2005 Sb.



Change: 342/2006 Sb.



Change: 362/2003 Coll.



Change: 129/2008 Coll., 274/2008 Sb.



Change: 227/2009 Sb.



Change: 341/2010 Coll., 356/2010 Sb.



Change: 375/2007 Sb.



Change: 157/Sb.



Change: 303/Sb.



The Czech National Council decided on the following Act:



§ 1



Introductory provisions



(1) there is hereby established the prison service of the Czech Republic (hereinafter referred to as "the prison

Service "), which ensures the performance of the links, the performance of security detention and

imprisonment, and to the extent provided by law

protection order and safety in the performance of the judiciary and the administration of courts and

When the activities of the public prosecutor's Office and the Ministry of Justice (hereinafter

' the Ministry ').



(2) the prison service is an armed security corps. It is run by

the Director-General of the prison service (hereinafter referred to as "the Director General"),

which appoints and dismisses the Minister of Justice (hereinafter referred to as "the Minister").

The Director-General is responsible to the Minister for the work of the prison service.



(3) the prison service is an administrative body and the entity. ^ 1)



(4) the organizational units of the prison service are the General

Directorate, the remand prison, prisons, institutions for the performance of the security

detention, secondary vocational school and the Academy of the prison service. General

the Directorate ensures compliance with the common tasks of other organisational

units, which methodically directs and controls. At the head of prisons, detention

prisons, institutions for the performance of security detention, vocational

school and the Academy of the prison service are appointed by the directors and

recalled by the Director-General.



(5) the prison service operating on the territory of the Czech Republic, unless otherwise provided by

a special law or international treaty, famous for its

Parliament ratified the agreement of Czech Republic is bound,

otherwise. Under the conditions, to the extent and in the manner laid down by the international

the contract is a member of the prison service and the civil employee of the prison

services shall be entitled to operate in the territory of another State within the framework of the peace, or other

the operation, which involved in the Czech Republic on the basis of the decision of the

International Organization of which the Czech Republic is a member or with which the

relevant international treaties. Member of the prison service and

the civil employee of the prison service is authorised to operate in the territory

another State on the basis of a decision of the competent authority or

institutions of the European Union, or if it is posted to perform the tasks on the basis of

decision of the Minister with the consent of the competent authority of a foreign State, or

at the request of the competent authority of the foreign State.



Head first



The tasks, organisation and management of the prison service



§ 2



The tasks of the prison service



(1) the prison service



and) manages and guards of the prison, and prison and is responsible for compliance with the

statutory conditions of detention and imprisonment

freedom,



(b)) manages and is guarded by the Constitution for the exercise of security detention,



(c)) guards, escorting a person shows and in custody, in the performance of

security detention and imprisonment and escorting

These persons in the exercise of the constitutional or protective education, constitutional

the protection or security of the detention, treatment and immediately after the

their custody, security of the detention or prison sentence

freedom,



d) through programmes of treatment consistently act on the person in the

imprisonment and, mutatis mutandis, to certain groups of people in the

remand in order to create the conditions for their proper way

life after release,



e) conducts research in the field of penology, and uses its results and scientific

knowledge in the exercise of custody and imprisonment,



f) provides order and safety in buildings, the courts, State

the Prosecutor's Office and the ministries and in other areas of their activities and in the

the scope of this Act ensures order and safety in the

the exercise of the powers of the courts and the public prosecutor's Office,



g) creates the conditions for work and other appropriate activities of persons in the performance of

binding, in the performance of security detention and imprisonment

freedom,



h) engaged in an economic activity for the purposes of the employment of persons in the exercise of

imprisonment, or even people in custody,



I) keeps records of persons in custody, in the performance of security detention

and in the prison population in the territory of the Czech Republic,



j) carry out tasks which flow from the renowned for her international

treaties, to whose ratification Parliament has given the consent and by which the Czech

Republic is bound,



k) provides training of the members of the prison service (hereinafter referred to as

"the family"), and civilian employees of the prison service, which performs the

The Academy of the prison service, and the training of persons in custody and in the performance of

penalties involving deprivation of liberty which performs a secondary vocational school,



l) provides health services to people in their health-care facilities

in custody, persons in the performance of security detention and persons in

imprisonment, nationals and civil employees

The prison service; in the case of the needs for health services provides

mimovězeňských providers of health services,



m) in the scope of specific legislation ^ 2) clarifies and

examine their own authorities (hereinafter referred to as ' the competent authorities of

The prison service ") offences of persons in custody, the sentence

liberty and security of the detention; in cooperation with the General inspection

security forces are involved in the prevention and detection of criminal

the activities of the members of the prison service and civilian employees

included to work in the prison service committed in the performance of services

or in the course of work.



(2) the prison service shall carry out other duties in accordance with special laws,

legislation. ^ 3)



Organization and management of the prison service



§ 3



(1) the tasks laid down in paragraph 2 shall ensure in the prison service, prison guards,

Justice guards, administrative service, the prison service and in charge of the Academy

the authorities of the prison service.



(2) prison guards guards, escorting a person shows and in custody,

in the performance of security detention and imprisonment,

escorting these people with the exercise of the constitutional or protective education, constitutional

the protective treatment or detention, security guards of the prison,

the prison law, the Constitution for the exercise of the security of the detention and, if in accordance with paragraph

5 called to carry out the tasks of the judicial guard, guarding the building of the courts,

Public Prosecutor's Office and the State Department. When this activity ensures

provided for order and discipline.



(3) the Judicial Guard ensuring order and safety in buildings, the courts,

the Prosecutor's offices and ministries and in other places their

activity. If the judicial guard temporarily called to carry out the tasks of the prison

guards, guards of the prison and the prison, showing off and escorting the person in

custody, in the performance of security detention and imprisonment

freedom. This work provides established order and discipline.



(4) members of the inclusion in the prison guard may be temporarily called

to perform the duties of the judicial guard only in exceptional cases, in particular

If the justice guards its own resources to ensure the performance of the services, and

It only with the consent of the Director. Members of the inclusion in the

prison guard can be temporarily entrusted with the decision of the Director of the prison

execution of the tasks of the administrative services, the administrative tasks assigned to her service

cannot act on its own.



(5) the members of the classification in the judicial watch may temporarily be called to

the performance of the tasks of the prison guards in places of remand, the performance

the security of the detention or imprisonment only in

in exceptional cases, if the prison guards to ensure their own

means of order and security in these places, and only with the

the consent of the Director.



(6) the administrative service shall act in the administrative procedure according to the specific

legislation and ensures the organisational, economic, educational,

Educational, medical and other professional activity.



(7) members of the inclusion in the administrative services can be by decision of the

the Director of the prison temporarily entrusted with the fulfilment of the tasks of the prison guard, if

the tasks assigned to it the prison guard cannot perform on its own.



(8) the competent authorities of the prison service have the status of a police authority in

proceedings for offences of persons in custody, imprisonment and

security detention, committed in the remand prison, the prison or in

the Institute for performance security detention ^ 2); It belongs to them also permissions

use the supporting operationally search resources under this Act.



section 3a



cancelled



§ 4



Legal acts on behalf of the State shall be the Director-General for the prison service.

The directors of remand prisons, jails, and other organizational units

The prison service are authorized to act and do legal acts in Prison


service on all matters, except those under this Act, or

decision of the Minister or Director General belong to their

powers.



Section 4a



The Ministry, in the exercise of State administration creates the prison service conditions

for the proper performance of its activities, in particular by



and the prison service) provides the means of State budget within

budget chapter,



(b) checks on compliance with obligations) is established by

law on management of State assets and control

compliance with other legislation, if does not belong to the scope of the

another institution, the



(c)) on sections of the defence and civil emergency planning, the protection of

classified information, fire protection and health and safety

at work establishes departmental plans in these areas and in

extent necessary, performs analysis and control activities



(d)) regulates and coordinates the service performance of the judicial guard with technical and

adjunct in the courts, Prosecutor's offices and the

the Ministry,



in the field of Informatics (e)), it draws up analyses and proposes the concept of development

information technology, systems, and computer networks.



§ 4b



The Ministry carries out the control over the observance of legislation and internal

the rules governing the obligations of the members, and civilian employees

The prison service when dealing with detainees and convicts and inmates

in the performance of security detention.



§ 4 c



In the performance of the control activities the Ministry is following the law

adjusting the control.



§ 4 d



The Ministry may, in agreement with the Ministry of health set up to

the provision of health care services and the security of the persons referred to in section 2 of the

paragraph. 1 (b). l) State contributory organization.



The head of the second



Obligations and entitlements of a national



The obligations of the Member



§ 5



Member is obliged to fulfill the duties and tasks arising for

it from the laws and other generally binding legal regulations and of

decisions and orders of superiors.



§ 6



(1) the Member is obliged to negotiate with the parties in the performance of security

detention in custody and in prison seriously and

Certainly, to respect their rights, prevent cruel or dignity

degrading treatment of such persons and between each other and act

to fulfil the purpose of the performance of security detention, remand and performance

the imprisonment.



(2) in the implementation of official procedures and business operations is a

must consider the honor and dignity of persons with whom it is even and

to prevent undue harm to such person and to any

interference with their rights and freedoms has exceeded what is necessary to achieve the purpose

the reference staff to the surgery or promotion action.



(3) if permitted by the circumstances and the nature of the service, is a

shall before proceeding



and to prove their affiliation with) the prison service,



(b) the appointment, challenges) to use or warnings to achieve the purpose of the procedure without

its implementation; the challenge of it's member of the words "on behalf of the law".



§ 7



(1) Member in the service is obliged to take action, within the limits laid down in this

law and other generally binding legal regulations,



and if the person is committing) in custody or in prison

criminal offence or disciplinary offence, or if there is reasonable suspicion

of their perpetration, the



(b) if the person is committing) in the performance of the security of the detention of a criminal offence,

where appropriate, if reasonable suspicion of its perpetration, the



c) If a person has undermined in the performance of security detention in remand or

in the prison security detention, the purpose of a performance

detention or imprisonment,



(d)) if it is tainted by order or endanger the safety of the premises

The prison service, prison sentence, for the local court, the State

the Prosecutor's Office or the Ministry, or at demonstrations, and eskortách people

out of custody, the security of the detention or imprisonment.



(2) a Member is not obliged to perform the service procedure



and) is under the influence of drugs or other substances that seriously

reduce its ability to conduct



(b)) if not for its implementation a professionally trained, or trained, although the nature of the

the procedure of such training or training required



(c)) if it prevents an important interest in the service. If circumstances so require, it is

Member shall be obliged to do in these cases other measures necessary for the

the implementation of the staff regulations, in particular, without delay, notify your

superior.



(3) Member, who carries out the tasks of the prison guard, is obliged to and at the time

outside of the service within the limits of this Act and other generally

binding legal regulations make the surgery or other necessary business

measures, committing a person in custody or imprisonment

the freedom of a criminal or disciplinary offence, which is immediately

at risk the life, health or property.



(4) Member, who carries out the tasks of the prison guard, is obliged to and at the time

outside the service, within the limits laid down by this law and other legal

the regulations make business surgery or other necessary measures, is committing a

a person in the performance of the security of the detention of a criminal offence, which is the

immediately at risk the life, health or property.



§ 8



(1) National service usually takes place in the staff uniform with

the identification number. Member, which takes place in the civil service,

It is marked with an identification plate with the number.



(2) the Member shall demonstrate its affiliation to the prison service staff

card or promotion to be a uniform with identification number. In places

custody, security of the detention or imprisonment

can prove their national identity also label identifying them.

An oral declaration "the prison service" shows their national

jurisdiction in exceptional cases, where the circumstances of the service procedure

do not show the jurisdiction laid down by the way.



(3) the Ministry shall issue a decree about the details of the proof

belonging to the prison service.



§ 9



(1) the Member is obliged to maintain confidentiality of facts

which he learned in the performance of their official duties or in connection with the

them and which in the public interest or in the interest of the parties concerned require

to keep secret unauthorized persons.



(2) the obligation of secrecy cannot be relied on against national

the police authority, Prosecutor, Court, other potential

the Congregation, including the security of the European Union and the State inspection

authorities with regard to the data needed to fulfil their remit to

pursuant to the law or international treaties.



(3) the Minister is hereby authorized to exempt the national obligations of confidentiality.



Member permissions



§ 10



Requesting an explanation



(1) a member is entitled to demand an explanation from all persons

may contribute to the clarification of facts important for the detection of

disciplinary offence committed the crime or the perpetrator during the performance

custody, imprisonment or detention, security performance

as well as for the detection of persons fleeing from custody, sentence

deprivation of liberty or the exercise of security detention. Request an explanation of the

from persons in custody, imprisonment and detention, security

that can contribute to the clarification of facts important for the detection

disciplinary offence, is entitled to a civil employee of the prison also

the service.



(2) the competent authority of the prison service is entitled to invite a person to be in

the specified time period, where appropriate, without undue delay, if necessary,

arrived at the designated location to draw up the official record of the filing of

the explanation. Come to a person on the basis of the challenges is the designated authority

The prison service is obliged to work with that person to draw up the official record of the Administration

explanation without undue delay.



(3) submission of explanation from a person shall not be required if the

violated by law or by a State recognised by the obligation of professional secrecy,

unless this requirement by the competent authority or, in the

the interest of this obligation has, a dispensation. The person may deny an explanation

only if yourself or the person caused in danger

the risk of criminal prosecution or penalty for an administrative offense.



(4) who will come for the challenge referred to in paragraph 2, shall be entitled to reimbursement of the

the necessary expenses and compensation for loss of earnings. Compensation provides Prison

the service. Entitlement to the refund is not the one who just arrived in their own

interest or for their illegal activities. Entitlement to the refund shall cease,

If the person does not exercise it within 7 days from the date on which the invitation referred to in

paragraph 2 came; the person must be taught.



§ 11



Personal tour and other similar acts



(1) the Member is entitled to do so for a person in the performance of security

detention in custody or imprisonment personal

a tour and a tour of its affairs, a tour of the body, shooting

fingerprint impressions and making recordings, or

to order that this person underwent a medical examination.



(2) a medical examination be carried out only by a doctor. Personal tour and


tour the body performs a person of the same sex or a doctor. Blood sampling

performs at the request of a member, only a physician or competent

a health care professional.



§ 12



Withdrawal of the goods



(1) a member is entitled to withdraw the person in the performance of security

detention, in custody or in prison thing

that has unduly, or thing which might be declared

has lapsed or occupied by. ^ 5)



(2) if the matter has not been referred to in paragraph 1 may be declared abandoned, or

and if it is not occupied by her need for additional proceedings, will return to the person that

has been withdrawn, unless the purpose of security detention, custody or

the imprisonment. Otherwise, the management of the Institute, which carries out

security detention, arrest, or imprisonment, ensure the imposition

things, or sends it to the cost of the person to whom a case has been withdrawn on

address, this person shall determine; If it is a matter of a worthless or completely negligible

values, you can destroy it.



section 13 of the



the title launched



(1) when guarding is a entitled to discover the identity of the

persons entering into an object or located in it, view

their luggage and belongings and view the means of transport when entering and

the exit point. At the time about the suspicion that the person has a gun or other

thing that could harm the security of the detention binding, performance or

imprisonment or safety in buildings, the courts, State

the Prosecutor's Office or the Ministry or that unlawfully discharged from

the guarded object, it can perform its national personal tour and

such a weapon or other thing removed. Can take and other measures

necessary to ensure that the object has not been taken or transported things,

that might compromise the security of the detention binding, performance or performance

imprisonment or safety in buildings, the courts, State

the Prosecutor's Office or the Ministry.



(2) a Member referred to in paragraph 1 shall be entitled to discover the identity of the

people and take action against persons residing in the vicinity of the controlled

objects, if



and the fear is reasonable) that they will undermine the performance of security detention,

custody or imprisonment, or threaten the safety of the

the guarded object, or



(b)), the following persons to behave in a way that interferes with the security

detention, custody or imprisonment or threatens

the safety of guarded objects.



§ 13a



Proof of the identity of the competent authority



(1) proof of the identity of the means of proving the names, or names,

full name, date of birth, and if necessary also the address space of the Permanent

residence addresses of the place of stay or residence address abroad, native

numbers, if assigned, and nationality. Scope and method

the discovery of personal data must be proportionate to the purpose of the surveys

identity.



(2) the competent authority of the prison service is entitled to require them to demonstrate the

the identity of the person



and) suspected of having committed a criminal offence or an administrative offence,



(b)), from which the required explanation,



(c)) shall mean, in the vicinity of the place where the offence has occurred,

or administrative offense by a person in custody, imprisonment

or security detention,



(d)) that the Notifier is suspected of committing the crime or

the administrative offense, or



(e)) in the performance of another task, if it is necessary for the prevention of crime

activity.



(3) the refusal of the person referred to in paragraph 2 to prove their identity or

If he can't prove it, even after the provision of the necessary adequate synergies

and the competent authority of the prison service is unable to determine his identity

by performing the Act in place, is entitled to show it to the police of the Czech

of the Republic. Necessary assistance to the identification shall provide

the competent authority of the prison service in the manner and to the extent that is not marred by purpose

of the Act.



§ 13b



Requesting help



The competent authority of the prison service is to the extent necessary to meet the

a specific task as part of the investigation being conducted and measures ^ 8) shall be entitled to

request from the authorities of the public administration, as well as from legal and physical

people factual and personal assistance, in particular the necessary documents and information

including personal information. These bodies and persons shall be required to the

help give; does not need to do so, preventing them to legal or

State recognized by the obligation of professional secrecy or the performance of other legal

obligations. A natural person may not continue to do so, if the provision of

help expose the serious threat to themselves or a close person.



§ 14



Member in the performance of their official duties shall be entitled to in the event of

immediate danger to life, health or property request

anyone for help. Who was asked about this assistance shall

If this does not provide a serious threat to themselves or the person

nearby, or if other serious circumstances prevent this.



§ 15



Chase and hunt for fleeing people



Member is obliged, if it does not prevent other important circumstances

immediately chase the person fleeing from the performance security

detention, custody or imprisonment and do

the necessary and urgent measures for its retention. A fleeing person

The prison service shall promptly inform the Police of the Czech Republic.



Operatively-search resources, support operatively-search resources, and

their conditions of use



section 16 of the



the title launched



Operatively-search resources & support operatively-search resources

used in the premises of the prison service, at the request of the Minister or with his

the consent of the authorities authorised to do so under special laws

legislation. ^ 5a)



section 16a



The competent authorities of the prison services use support operatively-search

resources in terms of this Act in the premises of the Prison

services for the prevention and detection of crime.



section 16b



(1) for the purposes of this Act, the supporting operationally pátracími

resources means



and safety technology,)



(b)) special funds.



(2) Security technology means the technical resources, equipment and

the files that are used to prevent or avoid danger

the life and health of persons or to ensure the protection of assets and search

radio equipment in the premises of the institutions for the performance of

security detention, remand prisons and prisons and the prevention of illegal

communication people in the performance of security detention, in custody and in

imprisonment. The use of security equipment shall be

interfered with the constitutionally guaranteed rights and freedoms.



(3) Special funds earmarked financial means

the resources that are being used to pay for certain expenses in

connection with the use of security equipment. Must be with them

handled efficiently and in accordance with their purpose. On the management of

Special funds are not subject to specific legal provisions

governing the management of financial resources of the State.



section 16 c



Operatively-search resources & support operatively-search resources

can be used only in accordance with the purpose of pursuing security detention,

detention and imprisonment and must not restrict the rights of

other people, especially people in the performance of security detention, in performance

binding and in the imprisonment, above what is absolutely necessary.

May not be used in contact between a person in the performance of security

detention, in custody or in prison, and her

advocate.



§ 17



Law enforcement resources



(1) if it is necessary to ensure order and security, is

national in carrying out its tasks shall be entitled to apply coercive measures

against persons which endanger life or health, wilful damage

property or violence is trying to thwart the purpose of the performance of security detention,

detention or imprisonment, or undermine tidy

or the safety of the premises of the prison service, prison for local

the sentence, in the buildings of the courts, as well as other places of activity of the courts,

the buildings of the public prosecutor's Office or the Ministry, establishments

mimovězeňských providers of health services and in the vicinity of the

the guarded objects.



(2) law enforcement resources are:



and) chords, punches and kicks, self-defense



(b)) demonstration chains,



(c)),



(d) restraining straps,)



e) ties with restraint belt,



(f)) slzotvorný, electric or other similarly, temporarily incapacitating

resource,



g) baton, or other means of attack,



h) dog,



ch) DJ/producer, water



I) emergency výbuška,



j) expansion weapons,



k) blow gun



l) the threat of the firearm,



m) a warning shot



n) extrusion shield



about the extrusion of the vehicle)



p) means to prevent spatial orientation.



(3) the Member decides which coercive means used according to the

specific situation to attain the purpose of the reference staff intervention.

In doing so, he is obliged to ensure that the use of coercive was

proportionate to the purpose of the procedure, and that it was not caused by the injury apparently

disproportionate to the nature and danger of the infringement.




(4) when delivering a performance security detention, persons in custody

or imprisonment outside the object of the Institute can be used

law enforcement the means referred to in the preceding paragraph under letters b), c)

and (e)) and non-compliance with the conditions referred to in paragraph 1. Member is

entitled to use them, if it is necessary to fulfill the purpose of the Act.



(5) if due to the previous behaviour of the accused, the inmate or

the convicted person justified concern that they could behave in a violent manner, can be

in his demonstration, apply coercive measures referred to in paragraph 2

(a). b), c), or (e)) and without meeting the conditions laid down in paragraph 1.

Member is entitled to such coercive means unless it is

to fulfill the purpose of the Act is necessary. Member is entitled to restrict the freedom of

the movement of the person who physically attacks the Member or another person,

threatens their lives, damaging property or tries to escape,

your attachment to a suitable subject, in particular through the bonds. This limitation must

be completed at the moment when it is clear that such conduct will not be the person

again, however, after a period of not more than 2 hours from the moment of their attachments.



section 18



The use of firearms



(1) a member is entitled to in the performance of its tasks, use firearm

only in exceptional cases, to



and in the case of necessary self-defence) away directly imminent or ongoing attack

against his person or attack the life or health of another person,



(b) broke the resistance towards) the destruction of the staff of the procedure, if it

cannot overcome the otherwise and failure to complete treatment would threaten life or

the health of another person,



(c) to prevent the escape of a person) the performance security, detention in custody

or imprisonment of the guarded object, or when you

escorting, which cannot hold back the other way,



(d)) turned away a dangerous attack which endangers the guarded or protected

object or Habitat, after a futile call that has been abandoned since the attack,



e) destroyed the animal-threatening life or health of persons.



(2) the use of firearms is admissible only if the application of the

coercive means was obviously ineffective.



(3) before using the firearm, in the cases referred to in paragraph 1

(a). a) to (d)) is a member of the obligation to ask the person against which the

zakročuje to refrain from infringement, with a warning that it will be

used firearms. From the alert prompts may waive the national

only in the case that is vulnerable to his life or health or the life or

the health of other persons and the urgent procedure.



(4) when the use of firearms is a must to take care

caution should be used in particular do not endanger the life or health of other persons and to

as much as possible saving the life of a person against whom zakročuje.



§ 19



Restrictions on the use of force and firearms



(1) when the staff of the procedure cannot be against



and a pregnant woman, person) to old age and the person with the obvious health

disability or a person apparently under the age of 15 years to use punches and kicks

self-defense, bonds with the restraint belt, slzotvorných, electrical or

other similarly temporarily zneschopňujících resource, the baton and another

as the resource, service dog, water stříkače, intervention

teeny, the expansion of the weapon, firearm, a warning shot and

firearms,



(b)) a woman use the service dog, power or other similarly temporarily

zneschopňujícího resource and firearms;



This does not apply if such persons immediately attack is life-threatening or

the health of a member or other person or risk greater damage to property and

the danger cannot be averted otherwise, and in the cases referred to in § 18 para. 1

(a). (c)).



(2) the provisions of §§ 17 and 18 are without prejudice to the obligation imposed in paragraph 6 (1).

3.



section 20



The obligations of the Member after the use of coercive and firearms

weapons



(1) if the use of coercive or firearms

There was a personal injury, it is a must, as soon as circumstances

permitting, provide her first aid and ensure its medical treatment and

write up about how to use an enforcement resource record.



(2) any use of coercive or a firearm is

Member must promptly notify their supervisor.



(3) the provisions of paragraph 2, he pointed out, in the case that the law enforcement

the resource has been used to the extent and under the conditions laid down in § 17 paragraph 2.

4 and 5.



section 21



Business interventions under a single command



Zakročují-if the members under a single command, decide on the use of

coercion and firearms under the conditions referred to in this

the Act the master of surgery. The obligations on it that have otherwise

After using coercive and individual firearms

members.



§ 21a



Keeping records



(1) the prison service may, if necessary for the fulfilment of its tasks,

capture audio, video, or other records of persons and objects found

on the premises, and the premises she managed and controlled.



(2) if the records referred to in paragraph 1 established the Permanent

automated technical systems, information about the establishment of a prison service

such systems shall publish, in an appropriate manner.



The head of the third



Obligations and entitlements of a national in carrying out the tasks of the judicial guard



section 22



(1) Member, who performs the service of the judicial guard, has duties and

the permission referred to in the title of the second, with the exception of obligations and privileges

referred to in sections 15 and 16. When the delivery of documents to the Court and the State

the Prosecutor's Office and carrying out other acts is entitled to check for

the identity of the persons to whom the Act is going.



(2) a Member who performs the service of the judicial guard, is entitled to

make other necessary measures to ensure order and security in the

the buildings of the courts, the public prosecutor's Office and the ministries, as well as in

other areas of activity of the Court and the Ministry and a smooth and quiet

during the court proceedings.



(3) in carrying out its tasks, the judicial guard, subordinate to the competent

the Director of the prison or the prison and follows the instructions of the President of the Court,

the Director of the Administrative Department of the Court, the President of the Senate, the head of the State

representative or other authorized employee of the Court, the State

the Prosecutor's Office or the Ministry.



(4) at the direction of a presiding judge justice guards, in particular,



and the decision on recognition) carries out specific people from the meeting hall or

Another activity of the Court, as well as the clearance of such space,



b) protects the official and other persons present in the courtroom or other place

the activities of the Court against physical attacks,



(c)) shall exercise the riot service upon entering the meeting hall, where it has been

the decision to exclude the public or the imposition of measures against

supercharging courtrooms.



(5) on the instructions of the other persons referred to in paragraph 3 of the judicial guard

in particular, the



and) prevents the entry of unauthorised persons in the designated space in places

referred to in paragraph 2,



(b)) carries valuables in the custody of the Court or the State

the Prosecutor's Office and transport of higher monetary amounts,



(c)) provides for service of documents of the Court or State Prosecutor's Office in the

the case that this method of delivery of ordered the President of the Senate or the State

the representative,



(d)) provides escorts to employees of the Court and the public prosecutor's Office and

provides protection when their acts carried out outside the building of the Court

or the public prosecutor's Office.



(6) without the instruction of an authorized person referred to in paragraph 3 will carry out judicial

guard service procedure only if the procedure does not tolerate delay, and

the instruction of an authorized person cannot be achieved.



(7) the Judicial Guard provides in the buildings of the courts, the public prosecutor's Office

or in other places the activities of courts or prosecution offices by

Chairperson of the Board or the head of the public prosecutor, the protection of

witnesses whose identity and appearance is supposed to be secret.



(8) where necessary, who shall exercise the judicial service

the guards, notify the nearest Police Department in the United States and ask for

synergy.



§ 22a



The possession and use of dangerous substances, and Affairs



(1) the prison service is entitled, for the purposes of teaching, training, testing,

expert and expert activities or for the exercise of other activities in the framework of the

filled with the task to acquire, possess, store, and use dangerous substances

and things. Dangerous substances and goods for the purposes of this Act,

means, in particular, narcotic drugs and psychotropic substances and poisons.



(2) the prison service is required to



and take measures to prevent) unauthorized or accidental access

for dangerous substances and materials and to prevent their unauthorized use,



(b)) keep a register of dangerous substances and goods,



(c) the technical documentation) to keep organizational measures to ensure the

protection of dangerous substances and goods and to eliminate the risk of their nature

arising.



Chapter four



Liquidated damages



Article 23 of the



(1) the State is liable for damages to the person who has provided assistance for the prison service

or a national, at their request or with their knowledge (hereinafter referred to as

"broken"). State may waive this responsibility only if the

This caused the damage intentionally damaged.



(2) if the injured party for personal injury or death, the range


and the amount of compensation according to the law on the compensation of work-related accidents

workers. The Government of the United States shall, where

cases and to what extent



and the victim next to) belong claims under employment law

one-time extraordinary compensation



(b)) increases one-time compensation due under the employment

the laws of the survivors of the failed and when can such a compensation grant

persons who were dependent on the victim.



(3) the State is responsible for damage to cases and that the injured party was established in

connection with the provision of assistance referred to in paragraph 1. Yet is paid

actual damage and lost profit (loss) by indicating in the previous state.

If this is not possible or appropriate, the damage is paid in cash. The injured party

can be awarded and payment of costs associated with the acquisition of new things

a substitute for the thing damaged.



(4) a State is responsible also for the damage it caused in connection with the person

using the provided by the prison service or national.



(5) a State is responsible also for the damage caused by the prison service in the context of

with the fulfilment of its tasks set out in this law. This does not apply if the

This is the damage caused to a person, that infringement

a legitimate and reasonable intervention raised the damage intentionally caused or

alone.



(6) compensation for damages on behalf of the Department of State provides.



Chapter five



Keeping people in the performance of security detention in custody and

of imprisonment



§ 23a



(1) the registration of persons in the detention binding security performance, and performance

a sentence in the territory of the United Kingdom contains



and the data taken from the decision) bodies active in criminal proceedings

notified by the prison service,



b) information allowing identification of each person in the performance of

security detention and imprisoned persons,



(c) during the performance) details of security detention, custody or punishment

deprivation of liberty, including data about the exact place and time, when such a person

carried out the security detention, or imprisonment,

Overview of rewards and disciplinary punishments imposed, and

the results of the health surveillance.



(2) on the processing of personal data in the register referred to in paragraph 1 shall

special law used ^ 6) with the following exceptions:



and) to the processing of personal data in these records do not have to consent

the person to whom the data relate,



(b)), the prison service has no obligation to inform the person to whom the data are

concern about the content of his evidence,



(c)) to the transfer of personal data from the register to other States, if

done in the framework of cooperation in criminal matters under

renowned international treaties, which the Czech Republic is bound, it is not

required the prior approval of the Office for personal data protection,



(d)) in the records of personal data will be kept for at least 10 years from the release of

the person to whom the data relate, from the exercise of security detention,

custody or imprisonment.



(3) the information from the register of persons in the performance of security detention, in performance

detention and imprisonment prison service provides the

the request of the



and) to law enforcement and intelligence services of the United

Republic,



(b)) the courts and the public prosecutor in the exercise of their competence

and the intelligence services of the Czech Republic,



(c)), the administrative authorities and the criminal record, if it is needed for your

activity,



(d)) with other people, if the provision of information on the legitimate interest and

its communication does not preclude a special law.



(4) an applicant who has services set up data mailbox, making the request

via data boxes.



(5) the prison service provides the Ministry of the Interior for accounting purposes

referred to in paragraph 1 and for the purpose of verifying the identity of the person in custody,

the security of the detention or imprisonment of a basic registry

the population of the bodies of data reference data, which 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.



(6) the prison service provides the Ministry of the Interior for accounting purposes

referred to in paragraph 1 and for the purpose of verifying the identity of the person in custody,

the security of the detention or imprisonment of agendového

information system of population register on State citizens United

Republic and former State citizens who lost citizenship

The United States, the details of which are



and) the name or names, surnames, including previous name, maiden

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

State where he was born,



(e)), social security number,



f) nationality, or more of State citizenship,



g) address of residence, including previous address space

permanent residence, where appropriate, the address to which they are to be delivered

documents under other legislation,



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, the name or names, last name and social security number

guardian; If no guardian identity number assigned, date,

place and County of birth; If the guardian is appointed, the local authority

Administration, the name and address of the registered office,



j) the name or names, surnames, including previous name, maiden

number of father, mother, or other legal representative; in the case that

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

the name or names, surname, date of birth; If other regulatory

the representative of the child's legal person, the name and address of the registered office,



k) marital status, date, place and County of marriage, if the

marriage outside the territory of the United States, place and State, date

the acquisition of the final court decision on marriage

invalid, the date of the decision of the Court about the lack of

the marriage, the date of the dissolution of marriage by the death of a spouse, or the date of

the acquisition of the final court decision on the statement of one of the spouses for

day of the dead, and that was in the final decision on the Declaration for the

dead listed as the day of death, where appropriate, as the day on which the spouse

declared dead survivors, or the date of the acquisition of legal power

a court decision for divorce,



l) date and place of origin of a registered partnership, the date of acquisition of legal

the decision of the Court on the invalidity, or of the absence of the registered

partnership, registered partnership sunset date in the death of one of the

registered partners (hereinafter referred to as "registered partner"), or the date of

the acquisition of the final court decision on the statement of one of the partners in

day of the dead, and that was in the final court decision on the Declaration for the

dead listed as the day of death, where appropriate, as the day on which the partner

declared dead survivors, or the date of the acquisition of legal power

the Court's decision on the dissolution of a registered partnership,



m) the name or names, surnames, including previous surname, and

social security number of spouse or partner; If the husband or partner

an individual who has assigned a social security number, name, or

name, surname of the spouse or partner and its date of birth,



n) name or names, surnames, including previous surname, and

social security number of the child; If the child is an alien who has not been granted the native

number, the name or names, the child's name and date of birth,



about) about the adoptee information in the range



1. the degree of adoption,



2. the original and the new name or names, the surname of the adopted child,



3. the original and the new social security number of the adopted child,



4. date, place and County of birth,



5. social security numbers adoptive parents; in the case that adoptive parents was not assigned

social security number, name, or names, surname and date of birth

adoptive parent,



6. social security numbers, father and mother; If they don't, their name,

where appropriate, the name, surname and date of birth,



7. date of adoption of the decision or decisions

revocation of adoption,



p) 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,



q) 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,



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

as the day of death, where appropriate, as the day on which the citizen declared dead

survivors,



with) record to provide data.




(7) the prison service of the Czech Republic Police provides for the purposes of

the evidence referred to in paragraph 1 and for the purpose of verifying the identity of the person in

custody, the security of the detention or imprisonment of

information system for foreigners details, which are



and the name or names), surname, maiden name,



(b)) date of birth,



c) gender,



(d)) instead, and the State where the alien was born; in the case that the alien

He was born on the territory of the United States, place and County of birth,



(e)), social security number,



(f)), photos



g) nationality, or more of State citizenship,



h) type and address of the place of stay



I) number and the validity of the residence permit,



(j) the beginning of the stay, if applicable) date of the termination of the stay,



to) the restriction of incapacitation



l) administrative expulsion and the period for which it is not allowed to enter the territory of the

The United States,



m), marital status, date and place of marriage, the date of acquisition of legal

can a court decision on marriage annulment, the date of acquisition

the decision of the Court about the lack of marriage, date of disappearance

marriage, death of a spouse, or the date of the acquisition of legal power

a court decision on the statement of one of the spouses is dead and the day that

He was in the final court decision on the Declaration of death is listed as

the day of death, where appropriate, as the day on which the spouse declared dead

survivors, or the date of the decision of the Court of divorce

marriage,



n) date and place of origin of a registered partnership, the date of acquisition of legal

the decision of the Court on the invalidity, or of the absence of the registered

partnership, registered partnership sunset date in the death of one of the

partners, or the date of the decision of the Court for a declaration of

one of the partners for the dead and the day that he was in the final decision

the Court on the Declaration of death is listed as the day of death, or as a

the day that a partner declared dead survivors, or the date of

the decision of the Court about the dissolution of a registered partnership,



about) the name or names, the surname of the spouse or partner and his native

number; If the spouse or partner of an alien who has not been granted the native

number, name, or name, surname and date of birth,



p) the name or names, the surname of the child, if it is a stranger, and his

social security number; in the event that the child has not been assigned a social security number, name,

where appropriate, the name, surname and date of birth,



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

the legal representative, if they are aliens, and their social security number; in

If one of the parents or other legal representative has not been granted

social security number, name, or name, surname and date of birth,



r) about the adoptee, if it is a stranger,



1. the degree of adoption,



2. the original and the new name or names, the surname of the adopted child,



3. the original and the new social security number of the adopted child,



4. the date and place of birth,



5. social security numbers adoptive parents; in the case that adoptive parents was not assigned

social security number, name, or names, surname and date of birth

adoptive parent,



6. social security numbers, father and mother; If they were not allocated, information on their

the name, or names, surname and date of birth; These data are

not if it is an adopted child who was born to a woman with permanent

residency in the Czech Republic, which gave birth to it and asked for in writing

confidentiality in connection with childbirth,



7. date of adoption of the decision or decisions

revocation of adoption,



s) removal and the period for which it is not allowed to enter the territory of the United

Republic,



t) 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,



u) 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,



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

as the day of death, where appropriate, as the day on which the stranger declared dead

survivors,



w) the name or name, surname



1. an adult dependent child is a foreigner with residence permit on

the territory of the Czech Republic,



2. minor aliens who were foreigners with residence permit in the territory of

The United States, or his supporters, by decision of the competent authority entrusted with

the alternative family care, or that he was a foreigner with residence permit

on the territory of the United States or his husband acquired or whose

guardian or husband to his guardian is an alien with a residence permit

on the territory of the Czech Republic,



3. the lone stranger 65 years or older, regardless of age of the alien,

that you cannot take care of himself for health reasons, in the case of

family reunification with a parent or child with a residence permit in the territory of

The United States,



4. an alien who is a dependent direct relatives in the ascending or

descending line or such relatives of the husband of a citizen of the European Union,



5. the parents of a minor alien who has been granted asylum under a special

legislation, and his social security number; in the case of foreigners who do not have

assigned a social security number, name, or name, last name and date

birth,



x) record to provide data.



(8) data that are kept as reference data in the principal registry

the population recovered from the agendového information system registration

the population of foreigners, or an information system only if they are in the shape of

the previous status quo.



(9) the prison service is entitled to for accounting purposes provided for in paragraph 1

to request a copy of the criminal records under a special legal

prescription. Application for the issue of a copy of the criminal records and a copy of the

criminal records shall be transmitted in electronic form in a way

allowing remote access.



(10) not over where the criminal prosecution, in which the accused was in custody,

a final conviction, the prison service personal information to such persons

to provide pursuant to paragraph 3 (b). (c)), and (d)) only with its consent.



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

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



(12) the prison service is to manage the payment of debts shall be entitled to

request from agendových information systems on pensions and on the výsluhových

the contributions of soldiers and members of the security forces provide information,

whether the person in custody, the security of the detention or prison sentence

freedom is a pensioner or výsluhového post, and it

manner allowing remote and 24/7 access.



(13) the prison service does not provide under special legislation ^ 9)

data held for the purposes of the evidence referred to in paragraph 1, the information

related to the protection and defence of the objects in which it is exercised

the security of the detention and imprisonment of vehicles

used for the transport of prisoners and of the nature and scope of protection and

guarding people.



Chapter six



The economic activity of the prison service



Section 23b



(1) the prison service can engage in economic activity outside their

the main activity for which it was established, in particular for the purpose of employment

people in prison or placed in institutions for

the performance of security detention.



(2) the economic activities is operated in order to achieve a positive

profit or loss; This is true even for individual establishments, where the

economic activity.



(3) the organizational units of the prison service, prison or which are

the Institute for performance security detention, monitor the management of the establishment

separately from the main activities and the management of funds from the budget of the

a prison or an institution for the enforcement of security detention. Funds

used for the operation of economic activities are conducted in a special

bank account.



(4) the operating expenses of the economic activity shall be the full amount covered by

the income from this activity.



(5) the difference of revenue and expenditure for the calendar year reached within

mimorozpočtovým is a source of economic activity, with which it is possible to

in a manner set out in a separate regulation of the ^ c).



The head of the seventh



Common, transitional and final provisions



section 24



(1) the prison service cooperates in carrying out its tasks, in particular with

armed security authorities of the Czech Republic with other authorities

the State, with the authorities of the municipalities and with similar institutions abroad.



(2) in the event that the Institute for performance security detention, remand

the prison or the prison emergency arises and the prison service cannot

to ensure order and security in these places by its own means,

the prison service may request the intervention of the police of the Czech Republic.



§ 24a



(1) the members may be called upon by the Government to carry out the tasks of the police of the Czech

States, if forces and means of the police of the Czech Republic will not be

sufficient to maintain internal order and security, and

is absolutely necessary.



(2) Nationals when carrying out the tasks referred to in paragraph 1 have the authority and

obligations as members of the police of the Czech Republic according to special

legislation. ^ 6e)



section 24b




(1) the prison service uses special colours and markings

official vehicles.



(2) how the outer members, special colours and

the designation of official vehicles in the prison service modifies the Ministry of

by Decree.



§ 24 c



(1) the Director-General and his Deputy have the right to use the service

the vehicle for the performance of functions or in connection with it, and to ensure that they

immediate availability.



(2) the Director may, directors of detention jails or prisons

enable the use of the service the vehicle to travel from the place of permanent or other

stay in the service and back in connection with the performance of the obligations in crisis

of staff, safety councils, when the mandated on-call service

the service, held above the base period of service in a calendar week, when you return

from a business trip outside the service, and in other cases where it

requires an important interest of the service.



(3) the Director may permit the use of service vehicles

Member or the civil employees of the prison service to travel from the

the place of his permanent or other residence and back, if required by the solution

crisis situations. ^ 6f)



§ 25



The provisions of § 5, section 6 (1). 1 and 2, section 8, § 9 para. 1, § 11 (1) 1, section 12

paragraph. 1, § 14 and 23 shall apply mutatis mutandis also used on civil employees of the prison service

the service. Their working relationship is governed by the labour code, if you do not follow

special legislation.



section 26



cancelled



section 27 of the



cancelled



section 28



Numerous conditions of the prison service of the Czech Republic, the Government determines.



section 29



(1) the choir of the remedial education of the Czech Republic shall be deleted; its rights and

obligations devolves the effective date of this Act to the prison service.

Members of the congregation the remedial education of the Czech Republic, the effective date of

of this Act, become members of the prison service. Civilian employees

The College remedial education of the Czech Republic, the effective date of this Act,

becoming civil personnel of the prison service.



(2) if the law talks about the College remedial education

The United States and its members, by the prison service

and its members.



section 30



This Act shall take effect on 1 January 2000. January 1993.



Uhde in r.



Klaus r.



§ 9 para 1). 1 of Act No. 219/2000 Coll., on the property of the Czech Republic and

its representation in legal relations.



2) § 12 para. 2trestního order.



for example, § 3), 16 and 20 of the Act No. 169/1999 Coll. on the execution of prison sentence

freedoms and amending certain related laws, as amended

the provisions of section 15 of Act No. 293/1993 Coll., on remand, as amended by

amended, section 63 of Act No. 186/1992 Coll., on the prison service

members of the police of the Czech Republic, as amended, section 9

Act No. 240/2000 Coll., on crisis management and amending certain acts

(emergency law), as amended.



4) § 12 para. 2 to 5 of the Act No. 283/1991 Coll., on the police of the Czech

of the Republic.



5) section 48 and 50 of the Act No. 169/1999 Coll.



sections 15 and 18 of Act No. 200/1990 Coll. on offences.



5A) § 158btrestního order.



§ 23a of Act No. 283/1991 Coll.



6) Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain

laws, as amended by Act No 227/2000 Coll.



6 c) section 45 of Act No. 218/2000 Coll. on budgetary rules and amending

certain related acts (budgetary rules).



6E) Act No. 283/1991 Coll., as amended.



6F) section 2 of the Act No. 240/2000 Coll.



7) section 159 of the Act No. 186/1992 Coll., on the service of members of the

Police of the Czech Republic.



8) § 158 para. 1 code of criminal procedure.



9) Act No. 106/1999 Coll., on free access to information, as

amended.