Amendment Of The Act On The Prison Service And Judicial Guard Of The Czech Republic

Original Language Title: změna zákona o Vězeňské službě a justiční stráži ČR

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=80079&nr=157~2F2013~20Sb.&ft=txt

157/2013 Sb.



LAW



on 2 December. may 2013



amending Act No. 555/1992 Coll., on the prison service and of the judicial

the guard of the Czech Republic, as amended



Parliament has passed the following Act of the Czech Republic:



Article. (I)



Act No. 555/1992 Coll., on the prison service and judicial guard of the 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. 362/2003 Coll.

Law No. 436/2003 Coll., Act No. 413/2005 Coll., Act No. 267/2006 Coll.

Act No 342/2006 Coll., Act No. 129/2008 Coll., Act No. 274/2008 Coll.,

Act No. 227/2009 Coll., Act No. 341/2011 Coll., Act No. 357/2011 Sb.

and Act No. 375/2011 Coll., is hereby amended as follows:



1. In article 1 (1). 4, the first sentence, after the words "detention", the words ",

Secondary vocational school ".



2. In article 1 (1). 4 first sentence, section 2 (2). 1 (a). to section 3, paragraph 3). 1, the

the words "Institute of education" shall be replaced by the words "of the Academy of the prison service".



3. In section 1 (1). 4 the third sentence, after the word "detention", the words ",

The middle vocational school "and the words" Institute of education "

replaced by the words "of the Academy of the prison service".



4. In section 1, the following shall be added at the end of paragraph 5, the phrase "under the conditions, the extent and

manner prescribed by an international treaty is a member of the prison service

and civil prison service employee authorized to act on the territory of another

the State in the context of peacekeeping or other operations, which the Czech Republic

participate in the international organization on the basis of the decision, to which the United

the Republic is a member or with which he has concluded the relevant international treaty.

Member of the prison service and the civil employee of the prison service is

authorised to operate in the territory of another State, also on the basis of a decision

the competent authority or institution of the European Union, or if it is posted to the

execution of the tasks on the basis of a decision of the Minister with the consent of the competent

the authority of the foreign State or at the request of the competent authority of a foreign State. ".



5. In section 2 (2). 1 at the end of the text of subparagraph (c)), the words "and

eskortuje the following persons in the exercise of the constitutional or protective education, constitutional

the protective treatment or detention, and it immediately after

their performance links, security detention or prison sentence

freedom. "



6. In section 2 (2). 1 (a). the words "), a vocational school and vocational school

The prison service "shall be deleted.



7. In section 3, paragraph 3. 2, after the words "imprisonment", the words

"eskortuje the following persons in the exercise of the constitutional or protective education

the constitutional protection of healing or security detention, ".



8. In section 3 paragraph 8 is added:



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

in proceedings for offences of persons in detention, imprisonment

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

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

use the supporting operational search resources under this Act. ".



9. in section 4b are inserted after section 4 c and 4 d are inserted:



"section 4 c



In the performance of the control activities of the Ministry in accordance with the law

adjusting the control.



§ 4 d



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

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

paragraph. 1 (a). l) State contributory organization. ".



10. the heading of section 10, including:



"§ 10



Requesting an explanation



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

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

the Act or disciplinary offence committed by the offender during the performance

custody, imprisonment or detention, security performance

as well as for the discovery of the oso-by 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 may 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 it is necessary,

came to a designated place to draw up the official record of the filing

the explanation. If 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 filing

explanation without undue delay.



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

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

unless this requirement by the competent authority or, in the

the interest of this obligation has exempted. The person may deny an explanation

only if it itself or the person caused in danger

the risk of criminal prosecution or administrative sanctions for the offence.



(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 lost 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; about a person must be taught. ".



11. In section 13 (3). 2 of the introductory part of the provisions, the word "imminent"

repealed.



12. under section 13, the following new section 13a and 13b, including headings and

footnote No 8 are added:



"§ 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 of the place of the Permanent

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

the numbers, if assigned, and nationality. Range and method

the survey of personal data must be adequate to the purpose of the survey

the identity.



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

the identity of the person



and) suspected of having committed an offence or misconduct



(b)), from which an explanation is required,



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

or misconduct by a person in detention, imprisonment

or security detention,



(d)) which is suspected by the developer of the offence, or

the administrative tort, 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 granting of the necessary adequate synergies

and the competent authority of the prison service cannot determine the identity of the

performing the Act on the spot, is entitled to show it to the police of the Czech

of the Republic. The necessary synergy to provide identification

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 in the extent required for the fulfilment of the

a specific task in the framework of the investigation being conducted and measures ^ 8) 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 data. These bodies and persons shall be required to the

help provide; not to do so, preventing them in the legal or

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

obligations. A natural person may also make, if the provision of

assistance issued a serious threat to themselves or a close person.



section 158, paragraph 8). 1 of the criminal procedure code. ".



13. In section 17(2). 1, after the word "Ministry", the words ", in

devices mimovězeňských providers of health services "and the word

"immediate" shall be deleted.



14. In section 17(2). 2 (f)):



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

the resource ".



15. In section 17(2). 2 the letter g) is added:



"(g)) of the baton or other means of attack."



16. In section 17 is at the end of paragraph 2, the period is replaced by a comma and the following

letters n) to (p)) are added:



"n) extrusion shield,



about the extrusion of the vehicle)



p) means to prevent spatial orientation. ".



17. In section 17(2). 5 the first sentence, after the words "the accused" shall be inserted the word ",

the inmate ".



18. In section 17 is added at the end of paragraph 5, the phrase "Member is entitled to

restrict the free movement of persons, which physically attacks the Member or any other

the person endangers the life, damaging property or tries to escape,

the waist belt to the appropriate subject matter, in particular the use of handcuffs. This limitation shall

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 time of the draw. "



19. In section 19, paragraph. 1 (a). and the word "), after the words" slzotvorných "

, electrical or other similarly temporarily zneschopňujících ", after the word

the "baton" with the words "and another as the resource" and the word

"few" is inserted after the words "weapons", expansion.
20. In section 19, paragraph. 1 (a). (b)) for the word "dog", the words ",

the electrical power or other similarly temporarily zneschopňujícího resource ".



21. in article 21, the following new section 21a of that title, including:



"§ 21a



Keeping records



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

make a sound, image, or other records of persons and things 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 way. ".



22. under section 22 shall be added to § 22a, which including the title:



"§ 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 a task to acquire, hold, keep, and use of 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 eliminate) 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)-organizational measures to ensure the

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

resulting. ".



23. In section 23a, paragraph. 2 (d)):



"(d)) the personal data in the register shall be kept at least 10 years from the release of

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

detention or imprisonment ".



24. In section 23a, paragraph. 3 of the introductory part of the provisions, the word "provides"

replaced by the words "provides on request".



25. In section 23a, paragraph. 3 at the end of the text of subparagraph (a), the words "and)

the intelligence services of the Czech Republic. "



26. In section 23a, paragraph 3, the following paragraph 4 is added:



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

through the data on the Clipboard. ".



Paragraphs 4 to 10 shall be renumbered as paragraphs 5 to 11.



27. In section 23a, paragraph. 5 of the introductory part of the provisions of § 23a, paragraph. 6 of the introductory part

the provisions of the paragraph and Section 23a. 7 the introductory part of the provisions, the words "in accordance with

paragraph 1 ", the words" and for the purpose of verifying the identity of the person in

the performance of the links, security detention or imprisonment ".



28. In section 23a, paragraph. 7, letter e) the following new subparagraph (f)), which read:



"(f)),".



Letters f) up in) shall become letters (g)) to w).



29. In section 23a, paragraph. 10, the words "further process and provide by

paragraphs 3 to 6 shall be replaced by "to provide pursuant to paragraph 3 (b). (c))

and (d)) ".



30. Section 23a shall be added to paragraph 12 and 13, which including the comments below

line No 9 shall be added:



(12) the prison service is for the purposes of the administration of the payment of debts shall be entitled to

request from agendových information systems on pensions and on výsluhových

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

whether the person in custody, security detention or prison sentence

freedom is a pensioner or výsluhového of the contribution, and

in a manner enabling remote and continuous access.



(13) the prison service does not provide under a special legal regulation, ^ 9)

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

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

security detention and imprisonment, on vehicles

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

guarding of persons.



9) Act No. 106/1999 Coll., on free access to information in the text of the

amended. ".



31. Section 23b is inserted:



"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

persons in prison or placed in institutions for

the performance of security detention.



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

the result of the management; This is true even for individual establishments, where the

the economic activity.



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

the Institute for the execution of security detention, monitored the management of the establishment

separately from the main activities and the management of budget appropriations

a prison or institution for the detention of security performance. Cash

used for the operation of economic activities are centred on special

the bank account.



(4) the operating expenses of the economic activity must be covered in full

the income from this activity.



(5) the positive difference of revenue and expenditure for the calendar year reached in the framework of the

economic activity is mimorozpočtovým the source with which it is possible to

dispose in the manner set out in a separate legal Act ^ 6 c). ".



32. The footnote No. 6a, 6b, and 6 d shall be repealed.



Article. (II)



Cancellation provisions



Ministry of Justice Decree No. 93/2001 Coll., on economic

the activities of the prison service of the Czech Republic, is hereby repealed.



Article. (III)



The effectiveness of the



This Act shall take effect on the first day of the third calendar month

following the date of its publication.



Němcová in r.



Zeman in r.



Nečas in r.