Security Detention And Amending Related Laws

Original Language Title: o výkonu zabezpečovací detence a o změně souvisejících zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=66983&nr=129~2F2008~20Sb.&ft=txt

129/2008 Coll.


LAW
Dated March 19, 2008

On security detention and amending certain related laws

Change: 7/2009 Coll.

Change: 41/2009 Coll.

Change: 375/2011 Coll.

Parliament has passed this Act of the Czech Republic:
PART ONE


Security detention
TITLE
I


GENERAL PROVISIONS
§ 1

(1) This Act regulates security detention in institutions for
security detention ( "the Institute")
established under special legislation 1), which manages the Prison Service of the Czech Republic
( "the Prison service").

(2) security detention is followed by protection of society and
therapeutic and educational treatment of persons in security detention
means set out in this Act and in special legal regulation
^ 2).

(3) Security detention takes place in an institution with special security and
medical, psychological, educational, pedagogical,
rehabilitation and activity programs.

§ 2

(1) The security detention only persons placed under court-ordered
security detention.

(2) Security detention may only be exercised in a manner that respects human dignity
persons in security detention
(hereinafter "inmate") is adequate inmate's personality and limits the effects
deprivation of liberty; However, this must not compromise the protection of society.

(3) The inmate has a right to ensure direct provision in the Constitution,
mainly on food, housing, clothing. If the inmate requests
provision of health services, pharmaceuticals and medical devices that
not covered by health insurance and do not conflict with the purpose
preventive detention, it may be these costs
decision of the director of the institute partially or fully paid.

(4) The inmate may not be treated in a manner that could adversely
affect his health, and it is necessary to use all available
expertise and support such attitudes of inmates, which, if it will
due to the inmate, inmates in the wake
decision to undergo compulsory treatment.

§ 3

Ensuring security detention

(1) The Director may issue to ensure the functioning of the Institute
decisions and guidelines with which inmates must be informed and to them
binding.

(2) The Director of the Institute issued with the prior consent of the Director General of the Prison Service
internal rules of the constitution, which specifies the daily schedule running
institute action inmates and their share in solving issues related
are living in an institution . Internal Regulations of the Institute shall take effect on the date
stated therein, but not before the date when the Constitution was promulgated.
Internal Regulations of the Institute shall be accessible to all employees and inmates at the institute.

(3) The Institute operates professional employees, which are psychologists
special educators and other professionals who professionally
ensure the fulfillment of the purpose of preventive detention.
Prison Service to ensure the fulfillment of the purpose of preventive detention can in ensuring
of the institute collaborate on the basis of an agreement with churches, religious
companies and other entities.

(4) External and internal surveillance institute, checking incoming mail destined
inmates, including an escort service tasks associated with it and compliance with specified conditions
security detention
provided by the Prison Service.

(5) Supervision of inmates engaged in prison workers who
are authorized to give them instructions and use them against just such restrictions and restraints
laid down in this Act or a special legal regulation
^ 2 ).

(6) Prison Service employees for the purposes of this Act
Prison Service members and professional staff.

Placing inmates in an institution

§ 4

(1) During placement in an institution must be demonstrably made familiar
inmates with its rights and obligations under this Act, internal regulations
constitution and its right to submit proposals for the release of
security detention or change security detention to protective treatment
. Lessons are conducted in a manner adequate intellectual capacity
inmates, so that lessons could understand. This lesson will receive

Inmate also in writing. When you arrive at the Institute to carry out a personal inspection
inmates.

(2) After entering the institute inmate is placed in the receiving department. In
During the stay in the reception department is obliged to undergo a medical examination
entry, the implementation of which will ensure the Institute.

§ 5

Separately placed in an institution men from women inmates under 19 years of
adults and usually inmates with mental disorders from others.
TITLE II


RIGHTS AND OBLIGATIONS inmates

§ 6
General provisions


Inmates have the right to participate in addressing issues related to their stay at the Institute
submitting proposals and comments to the Director of the Institute.

§ 7


Equal Rights
All inmates in security detention entitled to the same rights as
conditions and the extent provided by law.

§ 8
Correspondence


(1) Chovanec has the right to receive and at his own expense to send
written communications (hereinafter referred to as "correspondence") without restriction, unless this Act stipulates otherwise
.

(2) The Prison Service may inspect inmate correspondence;
Yet be entitled to get acquainted with its content. If the content of the correspondence
founded suspicion that it is prepared or committed a criminal offense
Prison Service will hold correspondence and forwarded to the law enforcement authority in
criminal proceedings.

(3) The Director of the Institute, at the proposal of professional staff decide that
correspondence from a particular person will not be passed on inmates or inmates that
correspondence addressed to a particular person will not be sent. About
this decision and the reasons for the inmate must be notified without delay
. According to the assessment of professional staff may be familiar with the inmate
harmless parts correspondence. If the grounds for such a decision
, director of the Institute on draft expert personnel decisions
canceled, as the inmate must be notified without delay. Unsent
shipments will return inmates, failure to send shipments will return to the sender with a brief explanation
account of the failure of correspondence. Director of the institute is obliged
after every six months after the date decided by the first sentence
without inmate requests to examine whether the reasons for that decision
persist.

(4) Restrictions on correspondence or check correspondence between an inmate and
court appointed guardian, the inmate and his lawyer or
lawyer authorized to represent them, between the inmate and the public
power, the Ombudsman or diplomatic missions
or consular office of a foreign state, or between an inmate and international organizations
which according to international conventions to which the Czech Republic is bound
is appropriate to deal with complaints concerning the protection of human rights
is inadmissible. This correspondence was sent to the addressee and inmates
delivered immediately.

(5) Inmates who can not or can not read or write, the Prison Service
shall ensure that the incoming correspondence is read, or give him
clerical assistance in drafting pleadings, submissions and complaints by the public authorities
power, the Ombudsman, international organizations
referred to in paragraph 4 and in correspondence with an advocate or solicitor
authorized to represent him.

§ 9

The use of telephone and other means of communication

(1) Inmates may be allowed to use the telephone and other constitutional
constitutional means of communication, especially in contact with persons close
, the court appointed guardian, or other bodies and organizations
dealing with human rights protection . An inmate has the right to use
constitutional phone to contact a lawyer or a lawyer authorized to represent him
. The costs associated with using the phone paid by the inmate, if
department head decides otherwise.

(2) With the consent of the Director of the Institute and under defined conditions, inmate
enjoy constitutional internet. An inmate is not entitled to hold and use in their own constitution
telephone, radio and other means of communication.

(3) If it is not a call to a lawyer or a lawyer who is authorized to represent
inmates or with public authorities, the Public Defender
rights or diplomatic mission or consular office of a foreign country
or with an international organization under an international treaty to which the Czech Republic is bound
is competent to deal with complaints concerning
protection of human rights, the Prison service is entitled to acquaint

Through eavesdropping containing call and record the video.

(4) The use of inmate telephone records kept by the Institute
containing information on the date of the call, the number called and the name of the person
which was a phone call made. Such records shall also be recorded
denial of access to a telephone.

§ 10
Visits


(1) Chovanec has the right, during the stay in the institution to receive visits at least twice a week
always for at least two hours, and at a time specified by the internal rules
department or institute director.

(2) Visits advocate or lawyer authorized to represent the inmate,
court-appointed guardian, spiritual (§ 11) and officials
subject to restrictions as set forth in paragraph 1

(3) The Director of the Institute may, on the recommendation of a medical device to disable
visit a person, vyžaduje- if the health of the inmates, and
promptly inform the inmate and, if possible, the person who
visits should participate. This decision together with the reasons
make a record that establishes to the personal records of inmates.

(4) If the inmate is temporarily placed in a hospital outside
objects managed by the Prison Service, will discuss conditions for the implementation
visiting director of the Institute health facilities.

(5) Unless the director of the Institute greater number of people can visit an inmate
simultaneously up to 4 persons, including minors.
Underage children under the age of 15 years may participate only if accompanied visits
18 years or older. The visit usually takes place under the supervision
Prison Service, possibly in the presence of professional staff.

(6) The Director of the Institute may permit visits an inmate without
visual and auditory inspection prison workers in areas designated
. Before deciding seek a doctor's opinion seznámeného
with the current state of health of inmates.

(7) If an inmate or visitor seriously disrupt peace
or order or threaten the lives and health of the Institute, visit the
interrupted or terminated.

§ 11
Spiritual
Services

(1) Inmates are entitled to religious services
serving humanitarian purposes to the extent arising from special legislation
^ 3).

(2) The Institute will allow inmates, usually when they rested
participate in joint religious ceremonies. Attendance at religious ceremonies is
voluntary. The duration of the common religious rites and other
about providing spiritual services includes internal order of the institution.

(3) The performance of religious services in institutions are authorized only
registered churches and religious societies who have been granted
authorization to exercise this right under a special legal regulation 3)
(hereinafter " church").

(4) If an inmate on allowing visits to churches authorized person is obliged to institute
her of this fact without delay.

(5) Church authorized person learns director of the Institute of
obligation to comply with regulations governing security detention and comply
internal rules of the institution, as well as the time and program mode inmates.

(6) The Director of the Institute is authorized to deny the exercise of spiritual service
persons who have committed violations of obligations arising from legal regulations governing
security detention or persons who
violated legislation in the provision of religious services at the institute.

§ 12
Satisfying cultural needs


(1) Inmates have the right to borrow books and stationery from institutional
library, borrow and play games and use other
funds for cultural activities, which are in an institution for such purposes
available .

(2) The Director of the Institute may in justifiable cases allow inmates
purchase, shipment and use of other things, especially those
lead to his expertise, will help the successful fulfillment
program for efficient utilization leisure time, under the condition that
not threaten health, disturb order and peace in the constitution, nor
harass or restrict other inmates.

(3) The Director of the Institute on the recommendation of a medical facility inmates may
prohibit the possession and use of certain books, prints and other things
if necessary with regard to the health status of inmates. If the grounds

For such a decision, director of the Institute on a proposal physicians such decision
canceled, as the inmate must be notified without delay.

(4) Chovanec has the right to impose their own money into the custody of the institute.
Chovanec has the right to request from the institution at least once every six months
and upon release from the institute statement of your account, which must contain
overview and purpose of utilization of funds and the final balance.

§ 13
Additional purchases


(1) Constitutional used to store additional purchases inmates.
Inmate has the right to buy in the store institute food and personal items, possibly
things for leisure and educational activities, or realize
relevant program.

(2) If you can not buy goods at the store constitution ensures the purchase through
Administration Institute.

§ 14
Receive packages


(1) Chovanec has the right once every three months, a package with
durable food and personal items weighing up to 5 kg.

(2) The inmate is entitled without restriction to receive parcels containing clothes,
clothes, shoes, books and stationery, as well as packages containing
things necessary to implement the program, as well as the need for further education
or leisure activities.

(3) check the parcels Prison Service staff. Packages can
inmates pass through an employee of the Prison Service, which
check them, or for a visit. Inmates will not pass things
which is contrary to the purpose of preventive detention, or permitted
carry, especially things that could endanger the lives and health
own or other people. Unsold things are sent back to the sender
inmate costs, unless the Director of the Institute decides otherwise.

(4) Based If the contents of the package or its non-transmission portion
reasonable suspicion of an offense or other administrative offense, package or
mCalling part together with the notification transfer to the authority of the Police Czech Republic or another
competent authority, and in case of suspicion of committing a crime
competent authority of law enforcement.

§ 15
Protecting the rights


(1) Persons who come into contact with inmates are required to ensure respect for the rights
which inmates are held in security detention.

(2) Chovanec can to assert their rights and legitimate interests
submit complaints and requests to the authorities competent for their execution; complaint or request
should be the body to which it is addressed promptly
sent. Institute Director determines the pool of Prison Service staff
charged with copying and sending complaints and applications and their
records and create the conditions for complaints and requests
inmates in order to avoid that they will treat them other than || | beneficiaries.

(3) The Prison Service staff immediately notify the court of
appointed guardian, director of the institute, prosecutor, judge,
ombudsman or body that inspects the Institute of
inmate requests for an interview and at their request or instruction such
interview at the institute allows.

(4) Chovanec has the right to provide legal counsel or
lawyer authorized to represent them.

(5) The Institute will allow employees of the municipality with extended powers
ranked in the municipal authority entrusted with providing child protection in the exercise of his
permission to visit inmates under 18 years of age and speak with
him without the presence of a third party . These visits will not be counted until
visits according to § 10 paragraph. 1st

§ 16

Restriction and deprivation of certain rights

(1) During the term of preventive detention inmates are required to undergo
the necessary restrictions of certain rights and freedoms, the exercise of which would be contrary to the purpose
security detention, or which can not be due to
her performance is exercised.

(2) During the term of preventive detention inmates can not carry

A) the right to strike,

B) rights related to their membership in political parties,
political movements and other associations,

C) the right to do business or engage in other economic activities,

D) the right of free choice of health services and medical equipment
,

E) the right to form political parties, political movements and other associations


F) the right to perform elective and other public functions.

§ 17

Basic duties inmates

(1) Chovanec is obliged

A) to observe the provisions of the internal rules of the Institute

B) carry out the instructions and orders of Prison Service staff and professional
employees

C) participate in programs to which he was assigned and perform the tasks arising from them
particular submitting therapeutic detoxification program
if it was entered,

D) carefully handle the entrusted matters and not to damage the property of another

E) comply with the principle of the equitable treatment of persons with whom they come into
contact

F) comply with the guidelines and regulations to protect the safety and health as well as
measures and guidelines in the field of fire protection, with whom he was acquainted
properly.

(2) Chovanec is further obliged

A) submit to a personal search in the interest of ensuring internal order in
Institute and exclusion that together had a thing would distort the purpose
security detention; Personal search is carried
always a person of the same sex

B) allow employees of the Prison Service of control of their personal belongings,

C) undergo periodic preventive, emergency and exit medical examination
within the scope determined by a doctor, including the necessary expertise and
laboratory examinations and vaccinations, and those laid authorities
public health protection

D) tolerate acts that relate to the identification and undergo
operations necessary for processing complex reports

E) promptly notify the employee of the Prison Service's illness or injury
,

F) immediately notify staff of the Prison Service of the circumstances that
may cause a serious threat to its security, safety
another inmate, another person or institution,

G) to comply with the measures that are necessary to prevent abuse
drugs in the constitution

H) to observe the principles of hygiene,

I) immediately notify the institution that is a pensioner,
výsluhového contributions, for a service or a
income subject to income tax,

J) to surrender to custody institute items whose possession is contrary to the purpose
security detention

A) pay the costs of health services provided at its request
order to maintain or improve his health beyond
health services covered by public health insurance or from the state budget
beyond international agreements to which it is
Czech Republic.

(3) Chovanec not

A) to manufacture, possess and consume alcohol and other addictive substances
, produce and store items that could be used to
threat to the safety of persons and property, or to escape, or that their
quantity or nature to disturb order or harm the health,

B) taking the drug without indication or doctor's approval institute
c) to possess and distribute printed materials or

Promoting national, ethnic, racial, religious or social hatred
, a movement aimed at suppressing human rights and freedoms,
violence and rudeness, as well as printed materials or containing a description
production and use of addictive substances, poisons, explosives, weapons and ammunition,
or other dangerous substances or articles

D) play games for money, things, services or other acts

E) tattooed themselves or another person or getting tattooed

F) intentionally damaging to health,

G) without the consent of the director of the institute sell, exchange and donate things
in possession of the institute

H) smoking outside designated areas.

(4) Against the inmates who unlawfully refuses to fulfill its obligations to remedy
enough challenge or reprimand, the Prison Service
extent necessary to use funds authorized under this Act or a special
legislation, and appropriately taking into account the inmate's personality and his intellectual capacity
.

§ 18

Liability

(1) Unless stipulated otherwise, the liability for damage caused during
security detention and the conditions of its application
Civil Code.

(2) Chovanec, who works at the institute, is responsible for the damage they caused
Prison Service culpable misconduct in the performance
work tasks or in direct connection with the performance of these duties,

Extent and under the conditions laid down by special legislation
applicable to employees employed.

(3) for damage caused by inmates in their work or in
direct connection with those duties under special legislation
Prison Service. Similarly, responsible inmates
Prison Service for damages arising from employment injury or occupational disease, for
damage caused to the belongings and in averting damage.

(4) Work in cleaning, other works necessary to ensure the normal operation
Institute and occupational therapy in terms of liability for damage
not considered their work.

(5) An inmate caused by culpable breach of obligations stipulated by this law
damage to state property is managed by the Prison Service, and
amount of damage does not exceed 10 000 CZK, decides to pay damages
Director Institute. Against the director's decision may inmate
within 3 days of notification to submit a complaint to be decided by the CEO
Prison Service or its authorized employee of the Prison Service.
Director of the Institute may at the request of inmates to waive partly or entirely
obligation to pay compensation, where justified by the social conditions of inmates.
TITLE III


HEALTH SERVICES AND SOCIAL CONDITIONS

§ 19

Health Services

(1) Health services in an institution providing on a contract basis
provider of healthcare services or the Prison Service provides
by special legislation 2).

(2) The inmate has a right to health services to the extent and under the conditions laid down
special legislation 4) or this Act (§ 2
par. 3), taking into account the constraints arising from the purpose of securing || | detention.

§ 20
Social conditions


(1) The inmates are provided with regular meals under the conditions and values ​​
which meet the requirement to maintain health and
consideration to their health status, age, and possibly also the difficulty of the work performed. In
extent that it allows operation of a constitution are respected to
requirements of their cultural and religious traditions.
Inmates will also provide basic personal care.

(2) Every inmate must have secured a bed, a chair and
space for storing personal items.

(3) Clothes inmates must match the weather conditions and must
sufficient to protect their health. An inmate has the right to use their own
clothing, underwear and shoes, provided they meet the conditions of hygiene and safety
having secured their exchange at their own expense.
Without the fulfillment of these conditions should use constitutional clothes, underwear and shoes.
In this case, his own clothes, their clothes and shoes surrender into custody
Institute.

(4) provides inmates with a daily eight-hour period of sleep at a time
curfew, the time required for personal hygiene, cleaning and catering,
least a one-hour walk and adequate personal time.

(5) Inmates Institute provides social allowance, if not in the period of one calendar month
other income or cash in the amount of at least CZK 100
. The amount of the social allowance CZK 100 for a period of one calendar month
.

(6) On receipt of an inmate in a medical facility providing institutional care
inform the Institute without delay, the person designated by an inmate. If it was
inmates appointed guardian by the court, it also institute for admission
inform. Always Institute shall, without delay, an inmate named person or
kin in the event of the death of an inmate.

§ 21

Social Services

Institute will enable the relevant public authorities to provide inmates with
social services aimed at helping them to create favorable conditions
for their future independent life in freedom.

§ 22
Education inmates


(1) Inmates at which they are to be assumptions and allows his
health, allowing to obtain basic education, possibly
secondary education in a relevant educational program or attended || | other forms of education that will enable him to acquire or improve their skills
.

(2) A juvenile inmates who had not completed successfully
primary school education, always allows to obtain a basic education course for

Acquire basic education. Director of the Institute on the basis of a written statement
doctor or psychologist decides to include
juvenile inmate in a relevant educational program.
TITLE IV


Employment to the inmate

§ 23

Conditions for employment of inmates

(1) Inmates who are not included in the program of occupational therapy may, at his request
facilitate the work of the Institute.

(2) Inmates may be offered only kind of work that, with
regard to his fitness, can exercise safely, and
exclusively on the premises of the institute.

(3) The Department provides inmates pay for their work done.

(4) Inmates may not work in narcotic drugs and psychotropic substances or
toxins or other substances that may cause an increased risk of injury
injury or property damage.

(5) Working conditions of the inmates are governed by special legislation
applicable to employees employed with restrictions
arising from the meaning and purpose of preventive detention.

(6) The working period does not include cleaning and other similar activities
needed to ensure the daily operations of the Institute, which conducted
usually all the inmates. These activities are required
inmates perform work without entitlement to compensation and must be ordered at the expense
time required for the rest of the inmates.

(7) Department of inmates creates conditions for expanding their skills.

§ 24

Working reward

Remuneration for work of inmates is subject to special regulations governing employment remuneration
Convicts
employment ^ 5) in prison.
TITLE V


Inmate treatment

§ 25
General provisions


(1) Inmates are placed in groups by an expert commission appointed
institute director, consisting primarily of professional staff of the institute.
Members of the jury are at least two physicians, one of whom must be
psychiatrist, a psychologist, a special education teacher and lawyer.
When placing inmates in groups, the expert commission takes into account their particular
gender, age, to assess the health status characteristics
personality and criminal history.

(2) Heading specific group activities under paragraph 1
specified in therapeutic, psychological, educational, pedagogical,
rehabilitation and activity programs, which the inmate
obliged to attend. When placing an inmate in a particular program, the expert commission
inmate's opinion into account and to him. An inmate
included in the program containing the provision of health care is obliged
this health care, with the exception of interventions by the physician
due to the inmate's medical condition.
Treatment programs in collaboration with healthcare providers.

(3) The program contains a specifically formulated objective effect on the inmate
inmate treatment methods to achieve this objective and the method and frequency of assessment
. The program also specifies the method
employment inmate, his participation in occupational therapy, education and other substitute
activity. When an inmate comes into consideration more variants
program, you can let him choose.

§ 26
A comprehensive report


(1) The Commission, composed of expert staff of the institute (hereinafter "the expert
Commission") prepares every three months security detention
comprehensive report on the inmate containing
evaluate the effect of existing programs. With a comprehensive report must be demonstrably acquainted
inmate.

(2) The expert commission has in its comprehensive reports focus on the projection
further development of the inmate in terms of possible changes
security detention to protective therapy.

(3) The Director of the Institute in cooperation with the expert committee monitors developments
behavior of each inmate, evaluates the success of the performance security
detention and assesses the conditions for proposing changes
security detention to protective treatment, or whether the conditions are met
release the inmate from security detention.

(4) Where the expert committee on the basis of a draft expert staff
that no grounds for the continuation of security detention, draw up a
a special detailed report to the director of the institute with a recommendation for release
inmate from security detention or for the

Change security detention to protective treatment. Director of the Institute, if
with the recommendations of the expert committee align, will promptly file a proposal for
inmate's release from preventive detention, or to change
security detention to protective treatment to the district court in whose district the security
detention He performs, and inform the competent
prosecutor.

(5) If the Director of the institute disagrees with the recommendation of the expert committee
its report together with its own opinion
immediately send to the district court in whose district the security detention is executed.
TITLE VI


Favors, disciplinary punishment and detainer

§ 27
Rewards


Inmates whose behavior and conduct demonstrate a responsible approach to
perform the obligations and cooperate in fulfilling the purpose
security detention can be granted a reward which is

A) praise,

B) public praise or public acknowledgment,

C) an extraordinary increase in the duration of visits per calendar month or another
personal advantage

D) factual or cash reward of up to CZK 1,000.

§ 28

Disciplinary offenses

(1) The disciplinary offense is a breach of fundamental obligations
inmate mentioned in § 17th

(2) as a disciplinary offense may be imposed disciplinary punishment.
Disciplinary punishment may be imposed only if they are duly explained the circumstances of the disciplinary offense and
proved culpable conduct inmates. Before imposing disciplinary punishment
inmates must be allowed to take the issue on.

(3) Disciplinary penalties are

A) reprimand,

B) public reprimand,

C) the deprivation of benefits granted pursuant to § 27 point. c)

D) the withdrawal of opportunities to participate in cultural or social events at the institute

E) forfeiture.

(4) The disciplinary punishment of admonition can not be saved in addition to the punishment of public reprimand.

(5) The disciplinary punishment shall not be imposed if the actual discussion of a disciplinary offense
inmate can achieve its remedy.

(6) Disciplinary punishment shall not be imposed from committing a disciplinary offense
expired one year.

§ 29
Forfeiture


(1) The disciplinary punishment of forfeiture may be imposed if it is a thing

A) that was used to commit a disciplinary offense

B), which was intended to commit a disciplinary offense

C) that the inmate received a disciplinary offense or as a reward for it, or


D) that the inmate became a matter referred to in subparagraph c).

(2) The disciplinary punishment of forfeiture may be imposed separately or with another
disciplinary punishment, if they belong to the perpetrator thing disciplinary offense.
The forfeited things happens happen.

(3) The disciplinary punishment of forfeiture can not be saved if
due to the higher value things were pronouncing its forfeiture
grossly disproportionate to the nature of the disciplinary offense.

§ 30

Detainer

(1) If no decision on forfeiture, may decide that such a thing
confiscate

A) if they belong to an offender that can not be a disciplinary offense to prosecute or punish
disciplined or

B) if required by the safety of persons or property, in order Institute
possibly another similar public interest.

(2) The decision on detainer be notified in writing by inmates who
committed a disciplinary offense, and the person who is directly affected if
known. The seized thing happens happen.

§ 31

Disciplinary powers

(1) The disciplinary authority over inmates perform
Director General of the Prison Service and Heads of Departments. Other employees of the Prison Service
may exercise disciplinary powers, if you have been authorized
Director General of the Prison Service or with the consent of the director of the Institute
.

(2) The Director General of the Prison Service decides on disciplinary proceedings only
a complaint against the imposition of disciplinary punishment.

(3) The inmate is entitled to three days of notification of the decision to impose disciplinary punishment
file a complaint against him. Suspensive effect has only
complaint against the imposition of disciplinary punishment of forfeiture.

(4) The decision on detainer has a disciplinary offense and offender
person that the decision to prevent the matter directly concerns the right
within 3 days from the date of notification of this decision to file a complaint which has suspensive || | effect.


(5) The decision of the complaint within 5 working days of its receipt
Institute Director or a duly authorized employee of the Prison Service.
The decision on the complaint is not empowered employees who
disciplinary punishment imposed, or who decided on the detainer. The complaint against the decision
director of the institute decides Managing Director of the Prison Service.

§ 32

Disciplinary settlement of another anti-social behavior

(1) The imposition of disciplinary punishment shall be executed also the conduct which
elements of an offense, if committed during the execution of security
detention.

(2) The imposition of disciplinary punishment of inmates does not exclude his criminal prosecution
if the act an offense.

§ 33

Authorization courts and other authorities

In exercising its powers laid down by special legislation and
in connection with the specific procedure as judges or staff
court to determine, employees and public authorities are entitled to attend
inmate in an institution, talk to him without any third party present and
inspect his personnel files and other documents related to the performance
preventive detention and knowledge required to lead
ongoing proceedings.
TITLE VII


SECURITY MEASURES

§ 34
General provisions


(1) The Institute shall ensure appropriate conditions for the exercise of spiritual services and activities
other bodies and persons who are subject to the conditions laid down
special legislation are entitled to exercise their powers in the constitution
and fulfill their tasks, so as not to endanger the safety of incoming
persons and not to hamper the implementation of programs for inmates.

(2) The Director of the Institute is obliged to adopt measures to ensure the safety of inmates
and other persons present at the institute.

§ 35

Acute crisis measures

(1) Chovanec, that their actions have serious
immediate threat to himself or another, can be based on expert judgment
employee placed the necessary time in an isolation room with
equipment limiting the possibility of harming inmates.

(2) isolation room must have

A) an area of ​​at least 6 m2

B) natural and artificial lighting

C) the possibility of natural ventilation,

D) the possibility of heating

E) the necessary equipment fitted furniture and bedding,

F) separate sanitary facilities.

(3) When placed in an isolation room inmate has to be immediately
undergone extraordinary medical examination and during the next
stay in an isolation room must be evaluated by his medical condition
least once every 24 hours and assessed, whether it is still necessary to use
acute crisis measures. It is also necessary to monitor whether the inmate is not physically damaged
. During a stay in an isolation room inmate is subjected to elevated
care professional employees in order to achieve the one hand, dampening his
aggressive or other adverse events, and total relaxation
and also to remove the causes that caused his behavior so that he could || | return to normal mode institute.

(4) After a stay in an isolation room is continuously monitored
inmate prison workers, including through the use of CCTV.

(5) The use of acute crisis measures must be promptly notified
prosecutor, who supervises the performance
preventive detention. When inmates were appointed by the court guardian
Institute ensures its notification.

(6) The inmates during their stay in the isolation room is kept
documentation, which are mainly recorded

) The date and exact time of placement inmate in an isolation room and name
professional staff, who decided this,

B) the reasons for placing inmates in an isolation room,

C) knowledge of the manifestations of inmates significant in terms of health,
psychological, or even a special pedagogical,

D) records of care provided specialized staff and the activities and findings
employees responsible for monitoring the inmate,

E) records of visits to the doctor

F) a record of the expulsion inmate in the isolation room.

(7) During their stay in the isolation room may be a professional employee
decide that the inmate during walks under constant supervision
prison staff or the inmates to walk

Take place in the designated area, or separately from other inmates.

§ 36

Restraints

(1) In some cases it is possible to protect inmates and other persons
restraints.

(2) The restriction means are

A) stay in the locked ward,

B) placing the inmate in an isolation room that meets the conditions
specified in § 35 para. 2

C) restrictions on inmate movement through chafing

D) restrictions on inmate movement through manual possession

E) acute parenteral administration of psychotropic drugs if they are not treating
at the request of the inmate or long-term treatment of psychiatric disorders.

§ 37

Conditions for the use of restraints

(1) The restraints can only be used if no other use
milder means. The use of restraints is acceptable
only if you can not find the removable cause of the behavior of the inmate
or in situations where the risk stemming from his behavior
very high.

(2) The use of coercive measures related to the health
inmate decides physician. In other cases, decide on their use
director of the department or by authorized employee.

(3) The use of coercive measures without delay documented by a report
each containing the name of the person on restraints
decided to kind of restraint and reason for their use, the period for which the
the use of restraints occurred and the date of their application,
record of the inspections conducted and records of health, especially in terms
control functions, which is necessary due to the inmate's personality
separately track.

(4) The use of restraint shall be promptly notified
prosecutor, who supervises the performance
preventive detention. When inmates were appointed by the court guardian
Institute ensures its notification.

(5) Chovanec, against whom the coercive measures used for an extended period of time
must be checked regularly by a doctor and must be taken
measures to prevent a possible injury, including through the use of CCTV
system. It must also be ensured to prevent its
health damage and to obtain the personal hygiene.

(6) of restraint may be used in the necessary extent and only after
period necessary and whenever the checks must always be
evaluate whether it is necessary to further use, or whether it is sufficient to use
other suitable means.

(7) The use of coercive measures does not exclude the possibility of visits.

(8) The possibility of the use of restraints are inmates on admission to the institution
advised.
TITLE VIII


COMMON AND FINAL PROVISIONS

§ 38

Shared management arrangements

(1) A decision issued under this Act shall notify the person to whom it relates;
In the event that the law against such a decision admits the complaint
deliver such person's written text. Decisions pursuant to § 8 paragraph
. 3, § 9. 1 and 2, § 10 paragraph. 3 and § 12 para. 3 records the person
which issued it into personal documentation inmates.

(2) It shall be notified either promulgation of the decision in the presence of
which it relates or delivery of a written copy of such decision
.

(3) A complaint against the decision has suspensive effect only if
by this Act expressly provides.

(4) to decide on actions against decisions of the Director General of the Prison Service
competent regional court in whose jurisdiction the headquarters
institution in which the contested decision was issued.

(5) A complaint against the decision of professional staff
department or employee of the Prison Service decision within 30 days of its receipt
director of the institute. The complaint against the director's decision
decide within 30 days of its receipt Director General of the Prison Service
or its authorized employee of the Prison Service, unless this Act stipulates otherwise
(§ 31 para. 5).

§ 39

Evidence persons and required documentation

(1) Evidence of persons in security detention contains

A) the data taken from the decision of authorities involved in criminal proceedings
notified Prison Service

B) data enabling identification of the inmate


C) the waveform data security detention, including information about the exact
place and time when such a person performed security detention.

(2) the processing of personal data in the records referred to in paragraph 1
enjoys special legal regulations 6) that

A) the processing of personal data in the register does not need consent
person to whom the data relate

B) The Prison Service has no obligation to inform the person to whom the data
concern about the content of its records,

C) the transfer of personal data from these records to other states if
done in cooperation in criminal matters undertaken under
declared international treaty by which the Czech Republic is bound, it is not necessary
prior approval of the Office for personal data protection

D) personal data in the records kept until the person to whom
such data refer, or should they reach had completed 80 years, at least 10 years after
change security detention to protective therapy or from
inmate's release from preventive detention.

(3) Data from the records of persons in security detention prison service provides


A) law enforcement authorities in criminal proceedings,

B) courts and prosecutor in the performance of their other powers,

C) public authorities and criminal records if they need it for their
activity

D) other persons to provide information if a legitimate interest and
its provision does not preclude special legislation.

(4) The Institute maintains documentation that contains

) Of the Internal Regulations of the Institute

B) plans programs and their evaluation

C) comprehensive reports on individual inmates

D) proposals and reports on inmates served the court and the court's decision

E) personal documentation, including inmates granted rewards and imposed
disciplinary punishments

F) documentation on location and during their stay inmate in isolation
room

G) documentation on the use of restraints,

H) a book of official visits

I) the book other visits,

J) the underlying records of telephone calls,

K) Cash resources, which is stored in the inmate
custody in an institution, and their pumping

L) final comprehensive report on the progress of preventive detention for
subsequent protective treatment in a medical facility that can not be
affect the protection of sensitive data.

(5) The records of the inmates is also
copies of medical documentation, which at the request of the institution before the medical facility.

§ 40

Supervision security detention

(1) Compliance with legislation in the performance of security
detention carries the county prosecutor's office, in whose district the security detention
exercises.

(2) Supervision is authorized prosecutor

A) at any time visit places where prison
security detention

B) to inspect the documents and talk to the inmates without other
persons

C) check whether the orders and decisions of the Prison Service Institute
regarding security detention comply with laws and other
legislation

D) ask Prison Service to provide necessary explanations, submission
records, documents, orders and decisions relating to the execution of security
detention,

E) issue orders to the maintenance of law applicable to performance
security detention

F) order the person who is in security detention
held illegally, were immediately released.

(3) The Prison Service is obliged commands prosecutor without delay
done.

§ 41

Cooperation with public authorities

During the Security Detention Institute lays the groundwork for a smooth transition
inmate in an independent way of life after release from
security detention or transfer to protective treatment.
Cooperate with the bodies providing social services and institutions
social and legal protection of children, providing them with timely information needed
and allows them continuous contact with the inmate.

§ 42

Payment of health services in special cases

Health services provided to inmates who are not insured by
special legal regulation 7), paid by the Prison Service.
PART TWO



Canceled

§ 43


Canceled PART THREE


Amendment of Criminal Procedure

§ 44

Act no. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code), as amended
Act no. 57/1965 Coll., Act no. 58/1969 Coll., Act no. 149/1969
Coll., Act no. 48/1973 Coll., Act no. 29/1978 Coll., Act no. 43/1980
Coll., Act no. 159/1989 Coll., Law no. 178 / 1990 Coll., Act no. 303/1990
Coll., Act no. 558/1991 Coll., Act no. 25/1993 Coll., Act no. 115/1993 Coll
., Law no. 292 / 1993 Coll., Act no. 154/1994 Coll., the Constitutional court announced
under no. 214/1994 Coll., the Constitutional court ruling promulgated under
no. 8/1995 Coll., Act no. 152 / 1995 Coll., Act no. 150/1997 Coll
., Act no. 209/1997 Coll., Act no. 148/1998 Coll., Act no. 166/1998 Coll
., Act. 191/1999 Coll., Act no. 29/2000 Coll., Act no.
30/2000 Coll., Act no. 227/2000 Coll., the Constitutional court announced
under no. 77/2001 Coll ., Act no. 144/2001 Coll., Act no. 265/2001 Coll.
Constitutional court ruling promulgated under no. 424/2001 Coll., Act no. 200/2002 Coll
., Act No. . 226/2002 Coll., Act no. 320/2002 Coll., Act no.
218/2003 Coll., Act no. 279/2003 Coll., Act no. 237/2004 Coll., Act no. | || 257/2004 Coll., Act no. 283/2004 Coll., Act no. 539/2004 Coll., Act no. 587/2004 Coll
., the Constitutional court ruling promulgated under no. 45/2005 Coll. ,
Constitutional court ruling promulgated under no. 239/2005 Coll., Act no. 394/2005 Coll
., Act no. 413/2005 Coll., Act no. 79/2006 Coll., Act.
112/2006 Coll., Act no. 113/2006 Coll., Act no. 115/2006 Coll., Act no. 165/2006 Coll
., Act no. 253/2006 Coll., Act No. . 321/2006 Coll., Act no. 170/2007 Coll
., Act no. 179/2007 Coll., Act no. 345/2007 Coll. and finding
Constitutional Court promulgated under no. 90/2008 Coll., is amended as follows:

First In § 36 para. 4 point. f) after the word "deposit" the words "or
change or security detention".

Second In § 142 paragraph. 2, the words "custody and protective treatment"
replace the words "custody, a protective treatment and protective detention".

Third In § 178 paragraph. 1 the words "protective treatment" the words "or
security detention".

Fourth In the heading of § 239, the word "cure" the words "
preventive detention".

Fifth § 239 reads:

"§ 239

(1) Except for the case where a court decision on protective treatment, a
security detention or seizure of an item or other asset
reserved under § 230 paragraph. 2, may deposit them in public session, just
If proposed by the prosecutor.

(2) A decision on protective treatment, security detention and a
detainer or other asset is admissible complaint with
suspensive effect. ".

6th In the third part, the head of the twenty-first fifth section heading reads: "Performance
protective treatment and preventive detention."

7th § 351a including the title reads:

"§ 351a

Change protective treatment

(1) A change in the way of protective treatment to the proposal
medical equipment, prosecutor or person which carries
protective treatment, or without such a proposal be decided at a public meeting
District Court, in whose district the medical facility where the
protective therapy exercises; the court decides on the proposal
medical devices or prosecutor also change the constitutional
protective treatment to security detention.

(2) The decision referred to in paragraph 1 shall be admissible complaint with
suspensive effect. ".

8th § 353 including the title reads:

"§ 353

Release from protective treatment and its termination

(1) As soon achieve the purpose of protective treatment, administered
medical facility where protective treatment is performed, a motion for release from protective treatment
district court in whose district the protective treatment
performs; proposal to terminate protective treatment according to § 72 para. 6
Criminal Code shall medical facility as soon discovers that his
purpose can not be achieved. If protective treatment done so
within two years from its inception it was decided to release from protective
treatment or on its termination, submit a medical facility
least two months before the expiry of two years from the beginning of the performance
protective treatment proposal for its extension. The proposal for the release of protective
treatment to its completion or in the proposal to extend the protective treatment

Medical facility describes the progress and results of the protective treatment and
specifying the reasons for the proposed procedure, including a proposal for the possible imposition
supervision over the behavior of the person to whom it applies protective treatment. The fact
need to learn medical facility.

(2) The release from protective treatment to terminate
including the possible imposition of supervision or extension of the protective treatment decision on a proposal
medical facility, the prosecutor or the person on which
protective treatment , or without such a proposal in a public meeting
district court in whose jurisdiction the protective treatment is performed.

(3) The decision referred to in paragraph 2 shall be admissible complaint with
suspensive effect. ".

9th § 354-357, including the title added:

"§ 354

Regulation of security detention and its performance

(1) Once the decision that is to be executed security
detention, became enforceable, President of the Chamber forward to the competent institution
security detention, which is to be preventive detention
done, writ of execution preventive detention and will invite the person
that preventive detention was imposed, if at liberty to exercise
joined preventive detention. Once a verdict imposing
preventive detention, which was not imposed in addition to unconditional sentence of imprisonment
, enforceable decision of the appellate court orders the performance
preventive detention for accused persons who are in custody, presiding judge
the appellate court immediately after the announcement of the decision. A writ of execution
security detention always notify the district court in whose district
institute for security detention in which the security
detention exercised.

(2) If a person who has been ordered to preventive detention, while staying on the
freedom dangerous to their surroundings, or if it is feared that such a person
who is on the loose, fleeing, or If there is another important reason
arrange President of the Chamber without delay its delivery to an institute for security detention
; otherwise it can provide a reasonable time limit for obtaining its
matters which may not be longer than one
month from the date of the coming into force of the decision referred to in paragraph 1

(3) If a member of the armed forces or security forces
in active service, the President of the Chamber
respective master or manager to arrange for its delivery to an institute for security detention
.

(4) The presiding judge asks institute for security detention order
told the court that security detention order, which was with the performance
preventive detention began. At the same time ask the Institute to carry
preventive detention to the district court in whose district the security detention
exercise, immediately filed a report if
good reason for the continued existence of preventive detention.

(5) The regulation of security detention presiding judge joins
needs an institute for security detention expert opinion
copy of the protocol of the interview an expert or a copy of the medical report on the health status
persons who have been saved security detention if during
criminal proceedings were provided, and a request that was submitted
district court in whose district the security detention is exercised, it
set deadlines, report on the results of the execution of security | || detention, focusing on the aspects listed in § 72a paragraph.
4 of the criminal Law.

§ 355

The change security detention to protective therapy

The change security detention to protective treatment decisions in public session
district court in whose district the Institute for the exercise
preventive detention, in which security detention is executed;
Against this ruling a complaint with suspensory effect.

§ 356

Refraining from security detention

The waiving of security detention to prior
court decides that security detention order, at a public meeting on the proposal
prosecutor or the person who was saved
preventive detention, or without such a proposal.
Against this ruling a complaint with suspensory effect.

§ 357

The duration of preventive detention and release from preventive detention


(1) The District Court, in whose district the Institute for Security
detention, in which the security detention is carried out, on the basis of reports requested
monitors security detention and
least once every 12 months commencement security detention or from
previous decision on its duration will examine whether the reasons for its continuation
persist.

(2) A further duration of preventive detention or release from preventive detention
decides to draft an institute for security
detention, prosecutor or person which performs security
detention, or without such a proposal in a public meeting of the district court,
in whose district the security detention is executed.

(3) The decision referred to in paragraph 2 shall be admissible complaint with
suspensive effect. ".
PART FOUR


Amendment of the Juvenile Justice

§ 45

In Act no. 218/2003 Coll., On Juvenile liability for unlawful acts and
of Juvenile Justice and amending certain acts (
Juvenile Justice), as amended by Act no. 383 / 2005 Coll., Act No.
. 253/2006 Coll. and Act no. 345/2007 Coll., § 21 including the title and
footnotes. 8-10 reads:

"§ 21

Types of safeguards

(1) Protective measures are protective treatment ^ 8), security detention
^ 8), detainer or other asset-9) and protective
education. Their purpose is to positively affect the mental, moral and social development
juvenile and protect society from committing wrongdoing
juveniles.

(2) Protective education is imposed under this Act, other
protective measures shall be imposed under the Criminal Code ^ 10).

8) § 72 of the Criminal Code.

8a) § 72a of the Penal Code.

9) § 73 of the Criminal Code.

10) § 72-73 of the Criminal Code. ".
PART FIVE


Amendment to the Act on the Prison Service and Judicial Guard of the Czech Republic

§ 46

Act no. 555/1992 Coll., On the Prison Service and Judicial Guard
Czech Republic, as amended by Act no. 293/1993 Coll., Act no. 169/1999 Coll., Act No.
. 30/2000 Coll., Act no. 460/2000 Coll., Act no. 309/2002 Coll.
Act no. 362/2003 Coll., Act no. 436/2003 Coll., no. 413/2005 Coll., Act No.
. 267/2006 Coll. and Act no. 342/2006 Coll., is amended as follows:

First In § 1 para. 1 the words "performance bond" the words "performance
preventive detention".

Second In § 1, paragraph 4 reads:

"(4) The organizational units of the Prison Service of the General Directorate of
, detention centers, prisons, institutes for security
detention and the Institute of Education. General Directorate ensures the implementation
common tasks of other organizational units, which methodically manages and controls
. The head of the remand prisons, prisons, institutions for performance
preventive detention and the Institute of Education directors that
appoints and dismisses the CEO. ".

Third In § 2 para. 1, after letter a) a new point b), which reads:

"B) maintain and guard the constitution for security detention".

Existing letters b) to l) are renumbered c) to m).

Fourth In § 2 para. 1 in c) the words "in custody" shall
words "in security detention".

Fifth In § 2 para. 1 in point g) the words "in custody" shall
words "in security detention".

6th In § 2 para. 1 in point i) the words "in custody" shall
words "in security detention".

7th In § 2 para. 1 letter l) reads:

"L) provides health care in their health facilities
persons in custody, persons in security detention and persons in
imprisonment, members and civilian employees
Prison Service; if necessary, provides
specialized medical care outside prison health care facilities. "

8th In § 2 para. 1 in point m) the words "in custody" shall
words "in security detention".

9th In § 3 para. 2 the words "in custody", the words "in
security detention" and the words "remand prison, prison," the
words "Constitution for security detention".

10th In § 3 para. 3, after the words "in custody", the words "in
security detention".


11th In § 3 para. 5, the words "places of custody", the words "
, security detention".

12th At the end of the text of § 4b, the words "as inmates in performance
preventive detention".

13th § 6 para. 1 the words "persons" the words "in the performance
preventive detention," and the words "to fulfill its purpose" shall be inserted
words "security detention".

14th In § 7 para. 1, after letter a) the following new paragraph b), which reads:

"B) If a person commits-in security detention offense
or there is a reasonable suspicion of the commission".

Existing letters b) and c) are renumbered c) and d).

15th In § 7 para. 1 in c) the word "person" the words "in
security detention," and the word "purpose" the words
"security detention".

16th In § 7 para. 1 point. d) the word "bond" the words "
preventive detention".

17th In § 7 the following paragraph 4 is added:

"(4) A member who performs the tasks of a prison guard, is required even during
off-duty, within the limits prescribed by this Act and other laws and regulations to carry out
police action or other measures necessary, if he commits || | person in security detention offense, which is
immediate threat to life, health or property. ".

18th In § 8 par. 2, after the word "bond" the words "security
detention".

19th In § 10, at the end of paragraph 1 the sentence "The explanation is
member also entitled to demand from people in security
detention, which may contribute to the clarification of facts important for
unveiling of a crime committed by an offender during a performance || | preventive detention, as well as to track down people fleeing from the exercise
preventive detention. The person making the explanation is entitled to legal aid lawyer
. ".

20th In § 11 para. 1 the words "in person" the words "in the performance
preventive detention".

21st In § 12 para. 1, after the word "person" the words "in the performance
preventive detention".

22nd In § 12 para. 2, after the word "purpose" the words "security
detention," and the word "exercise" the words "security
detention".

23rd In § 13 para. 1 the words "could disrupt power" words
"preventive detention," and the words "could disrupt power" are inserted
words "preventive detention".

24th In § 13 para. 2 in point a) the words "disrupts performance"
inserted after the word "security detention".

25th In § 13 para. 2 in b) the words "disrupts performance"
inserted after the word "security detention".

26th In § 15, after "fleeing" the words "performance
preventive detention".

27th In § 16b paragraph. 2, the words "objects" the words "institutions
security detention," and the word "persons" the words
"in security detention".

28th In § 16c in the first sentence the words "with the purpose" the words "performance
preventive detention," and the words "particular person" the words "in
security detention".

29th In § 16c in the second sentence after the word "person" the words "in
security detention".

30th In § 17 para. 1, after the word "purpose" the words "performance
preventive detention".

31st In § 17 para. 4, after the word "persons" the words "performance
preventive detention".

32nd In § 18 par. 1 point. c) after the word "person" the words "in
security detention".

33rd The title of Chapter Five of the word "persons" the words "in the performance
preventive detention".

34th In § 23a Paragraph 1 reads:

"(1) The records of persons in security detention, custody and
imprisonment in the Czech Republic includes

A) the data taken from the decision of authorities involved in criminal proceedings
notified Prison Service

B) data enabling the identification of any person held in preventive detention
and imprisoned persons

C) the waveform data security detention, custody or serving a sentence of imprisonment
including details of the exact location and time when such person has exercised
security detention, custody or serving a prison sentence,

Overview of granted rewards and imposed disciplinary punishments and data
results of medical examinations. ".

35th In § 23a paragraph. 2, first sentence, number "2" is replaced by "1" and
point d), the words "a person of" the words "performance
preventive detention".

36th In § 23a paragraph. 3 first sentence, the words "from the record of"
inserted after the words "security detention".

37th In § 24 para. 2 the words "In the case that" the words "at the Institute
security detention".
PART SIX


Changing the law on public prosecution

§ 47

In § 4 para. 1 point. b) Act no. 283/1993 Coll., on state
Office, as amended by Act no. 14/2002 Coll. and Act no. 310/2002 Coll
., after the words "protective treatment," the words "security
detention".
PART SEVEN


Change Act, the Ombudsman

§ 48

Act no. 349/1999 Coll., On the Public Defender of Rights, as amended by Act no.
265/2001 Coll., Act no. 309/2002 Coll., Act no. 320/2002 Coll., Act no.
626/2004 Coll., Act no. 381/2005 Coll. and Act no. 342/2006 Coll., is amended as follows
:

First In § 1 para. 2 the words "protective treatment," the words
"preventive detention".

Second In § 1 para. 4 point. a) the words "or protective therapy" are replaced
words "protective treatment or preventive detention".
PART EIGHT


Amendment to the Act on Identity Cards

§ 49

In § 8 par. 3 of Act no. 328/1999 Coll., On identity cards, as amended
Act no. 320/2002 Coll. and Act no. 559/2004 Coll., the words "
deprivation of liberty," the words "security detention".
PART NINE



Canceled
§ 50


Canceled PART TEN


Changing the law on public health insurance

§ 51

Law no. 48/1997 Coll., On public health insurance and amending and supplementing certain
related laws, as amended by Act no. 242/1997
Coll., Act no. 2/1998 Coll. Act no. 127/1998 Coll., Act no. 225/1999
Coll., Act no. 363/1999 Coll., Act no. 18/2000 Coll., Act no. 132/2000 Coll
. Act no. 155/2000 Coll., the Constitutional court ruling promulgated under no.
167/2000 Coll., Act no. 220/2000 Coll., Act no. 258/2000 Coll., Act.
459/2000 Coll., Act no. 176/2002 Coll., Act no. 198/2002 Coll., Act no. 285/2002 Coll
., Act no. 309/2002 Coll., Law no. 320 / 2002 Coll., Act no. 222/2003 Coll
., Act no. 274/2003 Coll., Act no. 362/2003 Coll., Act no. 424/2003
., Law no. 425 / 2003 Coll., Act no. 455/2003 Coll., Act no.
85/2004 Coll., Act no. 359/2004 Coll., Act no. 422/2004 Coll., Act.
436/2004 Coll., Act no. 438/2004 Coll., Act no. 123/2005 Coll., Act no. 168/2005 Coll
., Act no. 253/2005 Coll., Law no. 350 / 2005 Sb., Act no. 361/2005 Coll
., Act no. 47/2006 Coll., Act no. 109/2006 Coll., Act no. 112/2006 Coll
., Law no. 117 / 2006 Coll., Act no. 165/2006 Coll., Act no. 189/2006 Coll
., Act no. 214/2006 Coll., Act no. 245/2006 Coll., Act.
264/2006 Coll., Act no. 340/2006 Coll., the Constitutional court ruling
promulgated under no. 57/2007 Coll., Act no. 181/2007 Coll., Act no. 261/2007 Coll
. and Act no. 296/2007 Coll., is amended as follows:

First In § 7 para. 1 point. i) the word "custody" is replaced by "performance
preventive detention or detention".

Second In § 8 par. 2 point. m) the words "exercising" the words
"protective measures and preventive detention."

Third In § 11 para. 4 the word "custody" is replaced by "performance
preventive detention or detention".

Fourth In § 16a par. 2 at the end of subparagraph b) the words "or
security detention".
PART ELEVEN


Changing the Rules of Civil Procedure

§ 52

Law no. 99/1963 Coll., Civil Procedure Code, as amended by Law no. 36/1967
Coll., Act no. 158/1969 Coll., Act no. 49/1973 Coll., Act No. .
20/1975 Coll., Act no. 133/1982 Coll., Act no. 180/1990 Coll., Act no. 328/1991
Coll., Act no. 519/1991 Coll., Act no. 263/1992 Coll., Act no. 24/1993
Coll., Act no. 171/1993 Coll., Act no. 117/1994 Coll., Act no. 152/1994
Coll. Act no. 216/1994 Coll., Act no. 84/1995 Coll., Act no. 118/1995
Coll., Act no. 160/1995 Coll., Act no. 238/1995 Coll., Act No. .
247/1995 Coll., the Constitutional court ruling promulgated under no. 31/1996 Coll., Act no. 142/1996 Coll
., the Constitutional court ruling promulgated under no. 269/1996 Coll.

Act no. 202/1997 Coll., Act no. 227/1997 Coll., Act no. 15/1998 Coll.
Act no. 91/1998 Coll., Act no. 165/1998 Coll. Act no. 326/1999 Coll.
Act no. 360/1999 Coll., the Constitutional court ruling promulgated under no.
2/2000 Coll., Act no. 27/2000 Coll., Act. 30/2000 Coll., Act no.
46/2000 Coll., Act no. 105/2000 Coll., Act no. 130/2000 Coll., Act no. 155/2000 Coll
., Act No. . 204/2000 Coll., Act no. 220/2000 Coll., Act no.
227/2000 Coll., Act no. 367/2000 Coll., Act no. 370/2000 Coll., Act no. | || 120/2001 Coll., Act no. 137/2001 Coll., Act no. 231/2001 Coll., Act no. 271/2001 Coll
., the Constitutional court ruling promulgated under no. 276/2001 Coll. ,
Act no. 317/2001 Coll., Act no. 451/2001 Coll., Act no. 491/2001 Coll.
Act no. 501/2001 Coll., Act no. 151/2002 Coll ., Act no. 202/2002 Coll.
Act no. 226/2002 Coll., Act no. 309/2002 Coll., Act no. 320/2002 Coll.
Constitutional court ruling promulgated under No. . 476/2002 Coll., Act no.
88/2003 Coll., Act no. 120/2004 Coll., the Constitutional court announced
under no. 153/2004 Coll., Act no. 237/2004 Coll., Act no. 257/2004 Coll.
Act no. 340/2004 Coll., Act no. 436/2004 Coll., Act no. 501/2004 Coll.
Law no. 554 / 2004 Coll., Act no. 555/2004 Coll., Act no. 628/2004 Coll.
Act no. 59/2005 Coll., Act no. 170/2005 Coll., Act no. 205/2005 Coll .,
Act no. 216/2005 Coll., Act no. 342/2005 Coll., Act no. 377/2005 Coll.
Act no. 383/2005 Coll., Act no. 413/2005 Coll., Act no. 56/2006 Coll.
Act no. 57/2006 Coll., Act no. 79/2006 Coll., Act no. 112/2006 Coll.
Law no. 113 / 2006 Coll., Act no. 115/2006 Coll., Act no. 133/2006 Coll.
Act no. 134/2006 Coll., Act no. 135/2006 Coll., Act no. 189/2006 Coll .,
Act no. 216/2006 Coll., Act no. 233/2006 Coll., Act no. 264/2006 Coll.
Act no. 267/2006 Coll., Act no. 308/2006 Coll., Act no. 315/2006 Coll.
And Act no. 296/2007 Coll., Is amended as follows:

First In § 46a para. 2, after the word "power" words "security
detention".

Second § 373 reads:

"§ 373

Ministry decree modifies enforcement is working
deductions from the remuneration of persons who are in prison, custody or
in security detention, as well as inmates in facilities for
execution of institutional and protective education . '.
PART TWELVE


Changing the law on churches and religious communities

§ 53

In § 7 para. 1 point. b) Law no. 3/2002 Coll., on freedom of religious belief and
status of churches and religious societies and amending some laws
(Law on Churches and Religious Societies), for
word "liberty" the words "preventive detention".
PART THIRTEEN


Change in Employment Act

§ 54

Act no. 435/2004 Coll., On employment, as amended by Act no. 168/2005
Coll., Act no. 202/2005 Coll., Act no. 253/2005 Coll., Act.
350/2005 Coll., Act no. 382/2005 Coll., Act no. 413/2005 Coll., Act no. 428/2005
Coll., Act no. 444/2005 Coll., Act No. . 495/2005 Coll., Act no. 109/2006
Coll., Act no. 112/2006 Coll., Act no. 115/2006 Coll., Act no. 161/2006
Coll., Act no. 165/2006 Coll., Act no. 214/2006 Coll., Act no. 264/2006
Coll., Act no. 159/2007 Coll., Act no. 181/2007 Coll., Act.
213/2007 Coll., Act no. 261/2007 Coll., Act no. 362/2007 Coll. and Act no. 379/2007 Coll
., is amended as follows:

First In § 25 par. 2 point. d) the word "freedom" the words "
for protective measures protective detention".

Second In § 29 point. c) after the word "freedom," the words "taking
execution of protective measures, security detention".

Third In § 33 para. 1 point. h) the word "freedom" the words "or
after discharge from the protective measure of security detention".
PART FOURTEEN


Amendment to the Subsistence Minimum

§ 55

In § 4 para. 8 of the Act no. 110/2006 Coll., On subsistence and subsistence minimum
after the word "custody" the words "under protective measures
preventive detention".
PART FIFTEEN


Changing the law on state social support

§ 56

Act no. 117/1995 Coll., On state social support, as amended by Act no. 137/1996 Coll
., Act no. 132/1997 Coll., Act no. 242/1997 Coll., Act no.
91/1998 Coll., Act no. 158/1998 Coll., Act no. 360/1999 Coll., Act no. 118/2000 Coll
., Act no. 132/2000 Coll. Act no. 155/2000 Coll., Act.

492/2000 Coll., Act no. 271/2001 Coll., Act no. 151/2002 Coll., Act no. 309/2002 Coll
., Act no. 320/2002 Coll., Act No. . 125/2003 Coll., Act no. 362/2003 Coll
., Act no. 424/2003 Coll., Act no. 438/2003 Coll., Act no. 453/2003 Coll
., Act no. 53/2004 Coll., Act no. 237/2004 Coll., Act no. 315/2004 Coll
., Act no. 436/2004 Coll., Act no. 562/2004 Coll., Act.
124/2005 Coll., Act no. 168/2005 Coll., Act no. 204/2005 Coll., Act no. 218/2005 Coll
., Act no. 377/2005 Coll., Act No. . 381/2005 Coll., Act no. 552/2005 Coll
., Act no. 109/2006 Coll., Act no. 112/2006 Coll., Act no. 113/2006 Coll
., Act no. 115/2006 Coll., Act no. 134/2006 Coll., Act no. 189/2006 Coll
., Act no. 214/2006 Coll., Act no. 267/2006 Coll., Act.
585/2006 Coll., Act no. 110/2007 Coll., Act no. 213/2007 Coll., Act no.
261/2007 Coll., Act no. 269/2007 Coll. and Act no. 379/2007 Coll., is amended as follows
:

First In § 7 paragraph 10 reads:

"(10) A person who is in protective security measures
detention or in custody or in prison, is not considered a person
jointly assessed after the first
calendar month duration of the
measure of security detention or arrest or imprisonment. If follows a period of custody
period of imprisonment or execution of protective measures
preventive detention, both times to determine the calendar month
under the preceding sentence shall be added together. ".

Second In § 54 par. 4 of the first and second sentences added: "If the authorized person
custody or imprisonment or execution of protective measures
security detention ceases her right to benefit from the day
following the end of the first calendar month
custody or imprisonment or execution of protective security measures
detention. If Navazuje- custody for a period of imprisonment or execution
protective measure of security detention, both times for
determine the calendar month in the previous sentence summed up. ".
PART SIXTEEN


Change Aliens Act

§ 57

Act no. 326/1999 Coll., On the residence of foreigners in the Czech Republic and
amending certain laws, as amended by Act no. 140/2001 Coll., Act no. 151/2002
Coll. Act no. 217/2002 Coll., Act no. 222/2003 Coll., Act no. 436/2004 Coll
., Act no. 501/2004 Coll., Act no. 539/2004 Coll., Act No. .
559/2004 Coll., Act no. 428/2005 Coll., Act no. 112/2006 Coll., Act no.
136/2006 Coll., Act no. 161/2006 Coll., Act no. 165/2006 Coll., Act no. 230/2006 Coll
., Act no. 170/2007 Coll. and Act no. 379/2007 Coll., is amended as follows
:

First In § 18 point. d) 1 the words "in custody" is replaced
"in security detention, custody".

Second In § 95, the words "in the performance" the words "security
detention".

Third In § 103 point. a) after the word "release" the words "of
preventive detention".

Fourth In § 105 to title the word "court" the words "
institute for security detention".

Fifth In § 105 para. 2, at the beginning of a sentence, the words "Department for the exercise
security detention", the words "by the seat" the words
'institute for security detention, "and the words" release | || foreigners ", the words" from security detention ".
PART SEVENTEEN


Change Asylum Act

§ 58

Act no. 325/1999 Coll., On asylum and amending Act no. 283/1991 Coll., On
Police of the Czech Republic, as amended, (the Asylum Act), as amended by Act
no. 2/2002 Coll., Act no. 217/2002 Coll., Act no.
320/2002 Coll., Act no. 519/2002 Coll., Act no. 222/2003 Coll., Act.
501/2004 Coll., Act no. 539/2004 Coll., Act no. 57/2005 Coll., Act no. 350/2005 Coll
., Act no. 444/2005 Coll., Act No. . 112/2006 Coll., Act no.
136/2006 Coll., Act no. 165/2006 Coll., Act no. 170/2007 Coll., Act no. 343/2007 Coll
. and Act no. 379/2007 Coll., is amended as follows:

First In § 3 point. b) the word "exercise" the words "security
detention".

Second In § 3c paragraph. 1 point. c) after the word "exercise" the words
"preventive detention".

Third In § 4a para. 1, "remand" is replaced by "performance
security detention custody."

Fourth In § 57 par. 2, after the word "time" the words "performance
preventive detention".
PART EIGHTEEN



Amendment to the Act on Offences

§ 59

In § 10 paragraph. 1 of Act no. 200/1990 Coll., On misdemeanors, as amended by Act No.
. 6/2002 Coll., At the end of the text of letter b) the words "or
preventive detention".
Nineteen


Amendment to the Act on Social Services

§ 60

Act no. 108/2006 Coll., On social services, as amended by Act no.
29/2007 Coll., Act no. 213/2007 Coll. and Act no. 261/2007 Coll., is amended as follows
:

First In § 14a paragraph. 1, "remand" is replaced by "performance
security detention custody."

Second In § 21a, the words "imprisonment" the words "or to carry
protective measure of security detention".
PART TWENTY


Change Organ Transplant Act

§ 61

In § 3 para. 3 point. b) Act no. 285/2002 Coll., on donation, drafts and
transplantation of tissues and organs and amending some laws
(Transplantation Act), the words "arrest or" words "in the performance
or preventive detention ".
TWENTY ONE PART


TRANSITIONAL AND FINAL PROVISIONS

§ 62

Transitional provision for Part Three

Performance yet unserved protective treatment, which was imposed
before the entry into force of this Act shall be completed pursuant to existing legal regulations
.

§ 63
Efficiency


This Act comes into force on 1 January 2009.
Vlcek vr

Klaus vr



Topolánek mp
1) § 2 para. 1 point. b) Act no. 555/1992 Coll., on the Prison Service and Judicial Guard
Czech Republic, as amended.

2) Act no. 555/1992 Coll., As amended.

3) Act no. 3/2002 Coll., On freedom of religion and the status
churches and religious societies and amending some laws (the
churches and religious communities), as amended.

4) Act no. 372/2011 Coll., On health services and conditions of their
provision (Health Services Act).

5) § 33 of Act no. 169/1999 Coll., On Imprisonment and
amending certain related laws, as amended.

Decree no. 365/1999 Coll., On the amount and conditions of remuneration
Convicts work in custodial
freedom, as amended.

6) Act no. 101/2000 Coll., On protection of personal data and amending certain laws
, as amended.

7) Act no. 48/1997 Coll., As amended.