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

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=56118&nr=436~2F2003~20Sb.&ft=txt

436/2003 Coll.



LAW



of 3 July 2003. December 2003,



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

the guard of the Czech Republic, as amended, and certain other

the laws of the



Change: 127/2005 Coll.



Change: 413/2005 Sb.



Change: 274/2008 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on the prison service and judicial guard 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. 309/2002 Coll. and the

Act No. 361/2003 Coll., is amended as follows:



1. in article 1, paragraph 2 reads as follows:



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

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

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

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



2. In paragraph 1, the following paragraphs 3 to 5 shall be added:



"(3) the prison service is an administrative office and accounting unit 1)



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

Directorate of the prison, the prison and the Institute of education. General

the Directorate ensures compliance with the common tasks of other organisational

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

prisons and the Institute of education are directors that appoints and removes the

the Director-General.



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

a special law or international treaty, famous for its

Parliament ratified the agreement of Czech Republic is bound,

otherwise. ".



3. § 2 and 3, including headings and footnotes # 2) and (3)) shall be added:



"§ 2



The tasks of the prison service



(1) the prison service



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

statutory conditions of detention and imprisonment

freedom,



(b)) guards, escorting a person showing and in custody and in the performance of

imprisonment,



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

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

remand in order to create the conditions for their proper way

life after release,



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

knowledge in the exercise of custody and imprisonment,



e) ensures order and safety in buildings, the courts, State

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

the scope of this Act ensures order and safety in the

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



f) creating the conditions for work and other appropriate forms of action in the performance of

binding and imprisonment,



g) engaged in an economic activity for the purpose of employment of persons in the performance of

imprisonment, or even people in custody,



h) keeps records of persons in custody and in prison

on the territory of the Czech Republic,



I) carries out the tasks which arise from the renowned international

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

Republic is bound,



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

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

The Institute of education, and the training of persons in custody and in the performance of

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

and the vocational school of the prison service,



provides health care to) persons in custody, persons in the performance of

imprisonment, members and civil employees of the prison

the service; If necessary, provides specialized health care in

mimovězeňských medical devices,



l) is examining its own designated authorities ^ 2) (hereinafter referred to as ' the competent authorities of

The prison service ") criminal activities members; in cooperation with the police

The United States is involved in preventing and detecting crime

persons in custody and in prison.



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

legislation. ^ 3)



Organization and management of the prison service



§ 3



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

Justice guards, administrative service, the Institute of education and the competent authorities

The prison service.



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

in prison, the remand prison, prison guards, and

If it is referred to in paragraph 5 called to carry out the tasks of the judicial guard, guarding

the building of the courts, Prosecutor's offices and ministries. During this activity

provides a fixed order and discipline.



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

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

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

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

custody and imprisonment. During this activity

provides a fixed order and discipline.



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

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

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

It only with the consent of the Director.



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

the performance of the tasks of the prison guards at places of detention or imprisonment

the deprivation of liberty only in exceptional cases, if the prison guard

to provide its own funds, order and security in these places, and

It only with the consent of the Director.



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

legislation and ensures the organisational, economic, educational,

Educational, medical and other professional activity.



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

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

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



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

proceedings for offences members; ^ 2) belongs to them also permissions

use the supporting operationally search resources under this Act.



2) § 12 para. 2 of the code of criminal procedure.



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

freedoms and amending certain related laws, as amended

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

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

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

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

(emergency law), as amended. ".



4. section 3a is repealed.



5. in article 4, paragraph 1 shall be deleted and shall be deleted at the same time, paragraph

2.



6. in paragraph 4, the word "articles" is replaced by "units".



7. the following paragraph 4a shall be added to § 4b is inserted:



"§ 4b



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

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

The prison service when dealing with detainees and prisoners. ".



8. In section 6 (1). 3 at the end of the text of the letter b), the words "; before

the challenge uses the words "on behalf of the national law," ".



9. in section 8 shall at the end of paragraph 2 the following sentence "the oral statement

"The prison service" proves the national jurisdiction in exceptional

cases where the circumstances do not demonstrate the operation of the staff

the jurisdiction laid down by the way. ".



10. In paragraph 8, the following paragraph 3 is added:



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

belonging to the prison service. ".



11. In paragraph 11, at the end of paragraph 2 the following phrase "blood sampling is performed on

request a member only a doctor or qualified medical professional

worker. ".



12. In footnote No. 5), the words "§ 20 para. 3 and § 21 c of law No.

59/1965 Coll., as amended, "shall be replaced by ' paragraph 48 and 50

Act No. 169/1999 Coll. ".



13. in section 13 paragraph 2 is added:



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

people and take action against persons residing in the immediate

the vicinity of the controlled object, if



and justified concern) is that they disrupt the custody or punishment

deprivation of liberty or security of the guarded object, or



(b)), the following persons to behave in a way that interferes with the performance of the binding or

imprisonment or threatens the safety of controlled

objects. ".



14. sections 15 and 16, including headings and footnotes, no 5a) are added:



"§ 15



Chase and hunt for fleeing people



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

immediately chase the person fleeing from custody or enforcement


imprisonment and do the necessary and urgent measures for its

the detention. About fleeing prison service shall without delay inform the person the police

Of the Czech Republic.



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

their conditions of use



section 16 of the



Operatively-search resources & support operatively-search resources

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

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

legislation. ^ 5a)



5A) § 158b code of criminal procedure.



§ 23a of Act No. 283/1991 Coll. ".



15. in article 16, the following new section 16a to 16 c shall be inserted:



"§ 16a



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

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

services for the prevention and detection of crime.



section 16b



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

resources means



and safety technology,)



(b)) special funds.



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

the files that are used to prevent or avoid danger

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

radio equipment in the premises of remand prisons and jails and

prevent illegal communications of persons in detention and in prison

the deprivation of liberty. The use of security equipment must not be interfered with in the

constitutionally guaranteed rights and freedoms.



(3) Special funds earmarked financial means

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

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

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

Special funds are not subject to specific legal provisions

governing the management of financial resources of the State.



section 16 c



Operatively-search resources & support operatively-search resources

can be used only in accordance with the purpose of the detention and imprisonment

imprisonment and must not restrict the rights of other persons, in particular persons in the

custody and imprisonment, above the minimum

necessary. May not be used in the contact between the person in custody or in a

imprisonment and its counsel. ".



16. in section 17(2). 2, the letter i) the following new subparagraph (j)), which read as follows:



"j) expansion weapons,".



Letters j to l)) are known as letters to) to m).



17. in section 17(2). 5, the first sentence is replaced by the phrase "if it is due to the

the previous behaviour of the accused or convicted person justified concern that should

could behave in a violent manner, can be used when performing

law enforcement the means referred to in paragraph 2 (a). b), c), or (e))

compliance with the conditions laid down in paragraph 1. ".



18. in article 18, paragraph 2, the following paragraph 3 is added:



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

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

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

used firearms. From the alert prompts may waive the national

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

the health of other persons and does not tolerate the surgery delay. ".



The former paragraph 3 shall become paragraph 4.



19. in section 20, at the end of paragraph 3, the words "and 5".



20. in paragraph 21 of the first sentence, the words "the competent supervisor" shall be replaced by

"the Commander of the operation".



21. in section 22 para. 3 the words "judicial guard controls" are replaced by the words

"the judicial guard, subordinate to the competent Director of the prison, or

prisons and controls ".



22. in paragraph 22 of the paragraph. 4 at the end of subparagraph (c)) the comma is replaced by a dot and the

subparagraph (d)) shall be deleted.



23. in paragraph 22 of the dot at the end of paragraph 5 is replaced by a comma and the following

the letter d), which read as follows:



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

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

or the public prosecutor's Office. ".



24. in section 22, paragraph 6, the following paragraph 7 is added:



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

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

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

witnesses whose identity and appearance is supposed to be secret. ".



The present paragraph 7 shall become paragraph 8.



25. in paragraph 23 of the paragraph. 5, the words "or a national ' shall be deleted and the word

"their" is replaced by the word "its".



26. in paragraph 23 of the at the end of paragraph 5, the words "or damage intentionally

caused by it ".



27. in section 24, the following new section 24a and 24b, which including notes below

line no. 6 c) are added:



"§ 24a



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

riot police or protective services police of the Czech Republic, if the

the strength and resources of the police of the Czech Republic will not be sufficient to

ensure the internal order and security, and for an absolutely

necessary.



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

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

legislation. ^ 6 c)



section 24b



(1) the prison service uses special colours and markings

official vehicles.



(2) how the outer members, special colours and

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

by Decree.



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



28. the following section is inserted after section 24b 24 c, including the footnotes.

6 d) is added:



"§ 24 c



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

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

immediate availability.



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

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

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

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

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

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

requires an important interest of the service.



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

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

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

crisis situations. ^ 6 d)



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



29. in § 25 paragraph 3 reads:



"(3) the provisions of § 5, section 6 (1). 1 and 2, section 8, § 9 para. 1, § 11 (1) 1, §

12 paragraph 1. 1, § 14 and 23 shall apply mutatis mutandis to the civil employees are used and

The prison service. Their working relationship is governed by the labour code, if

are not governed by special legal regulation 7a) ".



PART TWO



Amendment of the Act on road safety and on changes of some

the laws of the



Article II



Act No. 361/2000 Coll. on road safety and on changes

certain acts, as amended by law No 60/2001 Coll., Act No. 478/2001

Coll., Act No. 62/2002 Coll., Act No. 312/2002 Coll. and Act No. 320/2002

Coll., is amended as follows:



1. in article 10, paragraph 2, including the footnotes # 12) up to 14 c) is added:



"(2) the operator of a vehicle shall be obliged to ensure that the colour and

identification of the vehicle was not interchangeable with a special colour

vehicles of the military police under a special legal regulation, ^ 12)

the police under a special legal regulation, ^ 13) the Customs Administration referred to in

a special legal regulation, ^ 14) municipal police under the Special

legislation, ^ 14a) of the prison service of the Czech Republic (hereinafter referred to as

"The prison service") under a special legal regulation ^ 14b) and vehicles

fire protection units under special legislation. ^ 14 c)



12) Decree No. 58/1996 Coll., which sets the external marking and

military officers and service card colour and markings

means of transport of the military police.



13) Decree No 25/1998 Coll., on the police and proof of designation

the jurisdiction of the police, as amended by Decree No. 254/2002 Coll.



14) Decree No 197/2001 Coll., on how the external markings and badges

the customs administration, the patterns of uniforms and special color

transposition and designation of the official vehicles of the customs administration, as amended by Decree

No 246/2002 Sb.



14A) Decree No. 88/1996 Coll., implementing the law on municipal police.



14B) section 24b of Act No. 555/1992 Coll., on the prison service and judicial guard

The Czech Republic, as amended by Act No. 441/2003 Coll.



14 c) Decree No 247/2001 Coll. on the organisation and operation of fire units

protection. ".



2. In § 41 para. 2 (a). (b)), the words "United Kingdom" shall be deleted.



PART THREE



cancelled



Article. (III)



cancelled



PART FOUR



cancelled



Article IV



cancelled



PART FIVE



Amendment of the Act No. 312/2002 Coll.



Article. In



In the article. (IX) of the Act No. 312/2002 Coll., amending Act No. 148/1998 Coll.,

on the protection of classified information and on the amendment to certain acts, as amended by

amended, Act No. 101/2000 Coll., on the protection of personal data and


amending certain laws, as amended, law No.

18/1997 Coll. on peaceful uses of nuclear energy and ionizing radiation

(Atomic Act), and amending and supplementing certain acts, as amended by

amended, Act No 38/1994 Col., on foreign trade in

military material and the addition of Act No. 455/1991 Coll., on the

trades (Trade Act), as amended

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

legislation, Act No. 283/1993 Coll., on the public prosecutor's Office, as amended by

amended, and Act No. 42/1992 Coll., on the adjustment of property

relations and the settlement of property claims in cooperatives, as amended by

amended, the second sentence shall be deleted.



PART SIX



cancelled



Čl.VI



cancelled



PART SEVEN



The effectiveness of the



Article. (VII)



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

following the date of its publication, with the exception of the fifth and sixth,

which shall take effect on the date of its publication.



Fort Worth Star Telegram in r.



Klaus r.



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