Amendment Of The Act On The Execution Of Prison Sentence

Original Language Title: změna zákona o výkonu trestu odnětí svobody

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=57388&nr=52~2F2004~20Sb.&ft=txt

52/2004 Sb.



LAW



of 14 July 1999. January 2004,



amending Act No. 169/1999 Coll., on the imprisonment and

amending some related laws, as amended, and

some other laws



Change: 41/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the law on imprisonment and amendment to certain

related laws



Article. (I)



Act No. 169/1999 Coll., on the imprisonment and amending

some related laws, as amended by Act No. 359/1999 Coll., Act

No. 3/2002 Coll., Act No. 320/2002 Coll. and Act No. 218/2003 Coll., is amended

as follows:



1. in paragraph 4, first sentence, the word "usually" be deleted.



2. in section 5, paragraph 3, including footnote No. 3b):



"(3) Penal measures involving deprivation of liberty for juveniles, ^ 3b) who

have not exceeded 20. year of his age, shall be carried out separately from other

inmates in prisons or special departments for juveniles

the application of internal differentiation.



3B) § 2 (b). d) of Act No. 218/2003 Coll., on liability for youth

unlawful acts and on the judiciary in matters of youth and on amendments to certain

laws (the law on the judicial system in matters of youth) ".



3. In paragraph 7, at the end of paragraph (e)) the comma is replaced by a conjunction "and" and the letter

(f)) is hereby repealed.



Letter g) is renumbered as paragraph (f)).



4. In section 16 shall be inserted after paragraph 6 a new paragraph 7 and 8 are added:



"(7) a prisoner who is not included in the work, providing prison

social spending money if they turn down a job without good reason and

not in a period of one calendar month in other income or other

cash in the amount of at least $100.



(8) the amount of social spending money referred to in paragraph 7 is 100 Czk for the period

one calendar month. ".



The present paragraph 7 shall become paragraph 9.



5. in paragraph 4 of section 18 reads as follows:



"(4) unless the phone calls with a person specified in § 17 paragraph 2. 3 or § 61

paragraph. 9, the prison service is entitled to introductions by tapping with

phone calls referred to in paragraphs 1 and 2, and take their record. ".



6. in section 19 para. 1, the word "to" is deleted.



7. in section 19 para. 5, the words "in exceptional circumstances" shall be deleted.



8. In article 19, paragraph 5, the following paragraph 6 is added:



"(6) in justified cases the Director may decide that the prison from

for security reasons, the visit will take place in the room where it is

a visitor from the convicted person separated desk. ".



Paragraphs 6 and 7 are renumbered as paragraphs 7 and 8.



9. in section 20 (2). 1, the reference to footnote 8) is repealed.



10. In article 20, paragraph 3, including footnote # 8):



"(3) for the performance of religious services in a place where it is carried out a prison sentence

freedom, are entitled to only those registered churches and religious

the company, which has been granted permission to exercise this right in accordance with

special legal regulation ^ 8) (hereinafter referred to as "the Church").



8) Act No. 3/2002 Coll., on freedom of religion and the status of

churches and religious societies and on amendments to certain acts (the Act on

churches and religious societies), as amended by the Constitutional Court

published under no. 4/2003 ".



11. in section 20 shall be inserted after paragraph 3 a new paragraph 4 to 8 are added:



"(4) the Church can contribute to the fulfilment of the purpose of the enforcement of a sentence

the provision of religious services, in particular



and the holding of religious services for those interested) from among the convicts,



b) individual interviews, pastoračními visits and allowing

individual approach to religion,



(c)) the leadership of learning hours to the interpretation of religious texts,



(d)) providing spiritual and religious literature and song books,



(e) organizing lectures and discussions), in particular with the ethical theme, as appropriate,

concerts of musical groups and individuals,



(f)) when preparing inmates for their release,



g) other appropriate forms of contributing to the achievement of the purpose of the performance

the punishment.



(5) the prison shall inform the prisoners about the provision of religious services in the

the internal regulations of the prison or other suitable means.



(6) the convicted person may not be to attend church services and other ceremonies or

the interview with the persons responsible for the Church. If convicted of the

to allow visits to the churches authorised persons, the prison is required to give her this

immediately notify the.



(7) the person in charge of the prison administration of the churches about the obligation to respect

legal provisions for imprisonment and internal regulations of the prison.



(8) the prison shall be entitled to deny the possibility of the performance of religious services to persons

to have committed a breach of the obligations arising from legal

provisions for imprisonment or internal rules of the prison. ".



The current paragraph 4 shall become paragraph 9.



12. In article 25, paragraph 4 reads:



"(4) if the convicted person does not pay the judgment provided for damage caused by

the criminal offence for which imprisonment is located, accounts receivable

associated with criminal proceedings, judicial and administrative fees and the damage you

caused the prison service during the enforcement of a sentence, can payment orders

above-standard health care and buying pursuant to § 23 used only half of the

the funds referred to in paragraph 1, first sentence. The remainder of these

the funds can only be used to cover claims by the phrase

the first ".



13. in section 28 para. 2, the letter h) the following new subparagraph (i)), which read as follows:



"i) notify the fact that the prison is a pensioner,

výsluhového contribution, contribution for the service or have income subject to

income tax, ".



Subparagraph (i))) and (j) shall become letters (j)), and k).



14. in section 28 para. 3 the letter b) the following point (c)), which read as follows:



"(c)) are to be kept and expanded or materials promoting publications

national, ethnic, racial, religious or social

intolerance, fascism and similar movement aimed at suppressing the rights and

freedoms, violence and cruelty, as well as printed materials or materials

containing a description of the production and use of addictive substances, poisons, explosives,

weapons and ammunition, ".



Former points (c) to (f))) shall become points (d) to (g))).



15. In § 33 para. 5 the first sentence, the words "to support their family or to

fulfilling their obligations ' shall be deleted.



16. in section 35 is at the end of paragraph 1, the following sentence "the cost performance

the sentence and details of payment provides for the Ministry by Decree. "



17. in paragraph 35, paragraphs 2 to 5, including footnote No 14) shall be added:



"(2) the obligation provided for in paragraph 1 shall be exempt of the person's



and that was not nezaviněně) included in the work, and not in the period

calendar month or other cash income,



(b)) that under 18. year of age,



(c)) for the provision of institutional (hospital) care if disabled

insured under special legislation, ^ 14) except in cases of

referred to in § 36 odst. 1,



(d)) for the inclusion in educational or therapeutic program with

training or therapy for at least 21 hours a week,



e) for prison break,



(f)) for participation in the court hearing in the position of a witness or

the injured party,



g) for temporary transfer to a foreign country,



h) is on the run.



(3) since the recovery of costs of imprisonment shall be waived, provided always

convicted died and left no assets from which could be

to satisfy the claim in the context of inheritance, if he was extradited to

abroad or passed to a prison abroad or release from

imprisonment and expelled from all of the circumstances, it is clear that more

recovery of the claim would be unsuccessful. Waiving of recovery of the claim

must be in writing, and debtor nevyrozumívá about it. Abandonment of recovery

the claim does not arise.



(4) the Director of a prison may, by written and required documents

supported by the request of the convicted person, waive wholly or partly an obligation

meet the cost of imprisonment, from which the convicted person was released,

If this is justified by the difficult social conditions of the convicted person.



(5) claims for costs for the enforcement of the sentence is not necessary in the interest of the

the delay.



14) Act No. 48/1997 Coll., on public health insurance and amending and

certain related laws, as amended

regulations. ".



18. In paragraph 36, the following paragraph 5 is added:



"(5) for the reimbursement of the costs referred to in paragraphs 1 and 4 shall similarly enjoy

the provisions of § 35 para. 3 and 4. ".



19. in paragraph 39, the following new section 39a, which including the title reads as follows:



"§ 39a



Special provisions



(1) If a convicted person Caused due to a breach of the obligations laid down

This law damage to property of the State, which is running a Prison

service, and the amount of damage does not exceed $10,000, will decide on the responsibilities

to compensate, the Director of the prison.



(2) against the decision of the Director of the prison in accordance with paragraph 1, the person's

within 3 days of the notice to file a complaint, which is decided by the Director-General

The prison service or the authorized employee of the prison service.



(3) when the abandonment of recovery of damages referred to in paragraph 1, or when

the waiver shall apply mutatis mutandis the provisions of § 35 paragraph 1 shall be used. 3 and 4. ".



20. In § 58 para. 3 the number "71" is replaced by "70" and the number "72"

by "71".



21. in § 61 para. 3 the number "18" is replaced by "19".




22. in § 61 para. 4 with the number "18" is replaced by "19".



23. in § 61 para. 8, the word "to" is deleted.



24. In § 61 para. 9, the word "classified" is replaced by "clustered".



25. In section 63 letter i) reads as follows:



"i) interruption of enforcement of a sentence.".



26. in § 64 para. 1 letter c) is added:



"(c) the prohibition on the acceptance of one package) in the calendar year".



27. In article 71, paragraph 1 shall be deleted.



Paragraphs 2 to 5 shall be renumbered 1 to 4.



28. in section 72, paragraph 1 reads:



"(1) when placing inmates who are not nationals of the Czech

Republic (hereinafter referred to as "aliens"), to a prison shall proceed

so that the aliens of the same nationality or speaks in the same or

similar language able to communicate together, if it is not in conflict with

the purpose of punishment. ".



29. in paragraph 72, after paragraph 1, insert a new paragraph 2 is added:



"(2) Foreigners shall allow access to the reading of books in a language

that they control, where appropriate, depending on the area of punishment they will create

appropriate conditions for teaching Czech language. ".



Paragraphs 2 to 5 shall become paragraphs 3 to 6.



30. In section 74 para. 1, the words "with security and prisons with increased

surveillance ' shall be deleted.



PART TWO



cancelled



Article II



cancelled



PART THREE



Amendment of the Act on the enforcement of binding



Article. (III)



Act No. 293/1993 Coll., on remand, as amended by Act No. 211/2000 Coll.

Act No. 258/2000 Coll., Act No. 3/2002 Coll. and Act No. 218/2003 Coll.

is amended as follows:



1. the following paragraph 4 is added to § 4a, which including the title reads as follows:



"§ 4a



The treatment of the accused



During the remand prison is obliged by the possibility of the accused person

offer participation in preventive educational, educational, advocacy, and

sports programs. ".



2. In article 7 (2). 1 at the end of subparagraph (g)) is replaced by a comma and dot

the following new subparagraph (h)), which read as follows:



"h) allegations in custody for reasons mentioned in section 350c of the criminal procedure code from

the other accused persons. ".



3. in article 13, the following new section 13a, which including the title and notes

line no. 4b):



"§ 13a



The use of the phone



(1) the accused person, that is not the reason for the fear that binding will thwart

clarifying the facts of relevance for the prosecution, ^ 3) in

where justified, allow the use of the telephone to the contact with the person

close. ^ 4b)



(2) from a major reason can be the accused person referred to in paragraph 1 to enable

use the phone to contact with another person, other than a person is nearby.



(3) the costs associated with the use of telephone shall be borne by the accused.



(4) unless the phone calls with a person specified in § 13 para. 3 or § 14

paragraph. 7 or § 26 para. 6, the prison service is entitled to review the

in the form of eavesdropping with phone calls referred to in paragraphs 1 and 2, and take

their record.



4B) section 116 of the civil code. ".



4. in § 14 para. 1 the first sentence, the words "one-hour" shall be replaced by

"ninety minutes" and the second in the sentence, the words "one hour" are replaced by

the words "90 minutes".



5. in article 14, paragraph 3, the following paragraph 4 is added:



"(4) in justified cases the Director may decide that the prison from

for security reasons, the visit will take place in the room where it is

a visitor from the accused separated desk. ".



Paragraphs 4 to 7 shall become paragraphs 5 through 8.



6. in article 15, paragraph 2, including footnote 5a):



"(2) for the performance of religious services in the places, where custody, are

entitled to only those registered churches and religious societies, which

permission has been granted for the exercise of this right under a special legal

^ code 5a) (hereinafter referred to as "the Church").



5A) Act No. 3/2002 Coll., on freedom of religion and the status of

churches and religious societies and on amendments to certain acts (the Act on

churches and religious societies), as amended by the Constitutional Court

the declared under # 4/2003 ".



7. the following shall be added in article 15, paragraphs 3 to 9 shall be added:



"(3) the Church can contribute to the provision of religious services to the accused



and individual interviews, pastoračními) visits and allowing

individual approach to religion,



(b) the holding of religious services for those interested) from among the accused,



(c)) the leadership of learning hours to the interpretation of religious texts,



(d)) providing spiritual and religious literature and song books,



(e)), in agreement with the prison director, other appropriate forms of

contributing to the exercise of the right of the accused to freely manifest their

religion or belief.



(4) when the common forms of providing religious services must be

comply with the principles referred to in § 7. To ensure the safety of people and order

It is in these cases usually present a specified employee of the prison

the service.



(5) the internal prison regulations or other appropriate means, shall inform the

accused for the provision of religious services.



(6) the Prisons creates for spiritual services provided by the accused should

the conditions and in accordance with specific options secures agreement with the Church

persons mandated by the appropriate religious services.



(7) the person in charge of the prison administration of the churches about the obligation to respect

legal provisions for custody and respect the internal regulations of the prison.



(8) the prison shall be entitled to deny the possibility of the performance of religious services to persons

to have committed a breach of the obligations arising from legal

regulations for remand or internal rules of the prison.



(9) the accused person may not be to attend church services and other ceremonies or

for talks with the Church responsible for persons forced to. If the accused so requests on the

to allow visits to the churches authorised persons, the prison is required to give her this

immediately notify. ".



8. in article 16, paragraph 1 reads:



"(1) the accused has the right to purchase food and personal items at least

Once a week in guaranteed range, which lays down the rules of procedure of the prison.

The purchase is being made generally in the form of noncash payments. ".



9. in section 17 paragraph 2 reads as follows:



"(2) own a portable radio and tv if they are powered from the

own resources, for that is in the receiver area and is a part of it,

the accused persons to use after checking the technical

parameters to determine whether the device has not been installed unwanted.

The conduct of inspections shall ensure that the costs of the accused, the prison management. If

There are conditions in the prison, the prison director may allow the connection

radios and televisions to the electricity network. ".



10. in section 18 paragraph 2 reads as follows:



"(2) the accused has the right to participate in daily walks in the defined area

the prison of at least one hour. The walk may be important

reason, on the basis of the decision of the Director General of the prison service or

by an authorised employee of the prison service limited or canceled. U

sick of the accused and the accused persons, pregnant women, the walks are held

the agreement of the attending physician and in accordance with his recommendations. The provisions of section 7 of the

Similarly, used when hiking. ".



11. in paragraph 6 of section 18 reads as follows:



"(6) the accused is obliged to compensate the damage caused by the prison service,

the increased costs of security and transportation costs, and demonstrate to the

medical equipment, incurred by the prison service, if



and intentionally caused) or other deliberately allowed the inflicting harm on

health or repeatedly committed infringements of the treatment regimen,



b) abused by pretending to be health care, or health disorders



(c)) on his own decision to oblige medical procedure to which

He gave prior consent or who asked. ".



12. in article 18, the following paragraph 7 is added:



"(7) the decision on the obligation to compensate for damage and increased costs referred to in

paragraph 6 shall deliver the prison director. Against the decision of the Director of a prison may

the accused within 3 days from the notification of complaint, of which shall be determined by

the Director of the prison service or the authorized employee of the prison

services. ".



13. in paragraph 21, at the end of paragraph 1, the following sentence "if it is not stipulated

otherwise, the liability for damage caused during the detention and

the conditions of application of the civil code. ".



14. in section 26 paragraph 6 is added:



"(6) the prison will allow employees of the shtetls a clustered

the local authority responsible for providing socially-legal protection of children

in the performance of his permission to attend the young person and talk with him without

the presence of a third party. These visits shall not be counted in the visits mentioned in

paragraph (2) ".



15. In article 26, the following paragraph 8 is added:



"(8) a juvenile who has to fulfil the compulsory education, prisons

ensure its implementation ".



16. In article 28, the following paragraph 4 is added:



"(4) the Accused in custody for the reasons referred to in § 350c code of criminal procedure,

If it does not violate the established order and discipline shall be binding on the Department

the performance of the links are moderated regimen. ".



17. the following shall be inserted after title VI Title VII, including title and

footnote 12) reads as follows:



"TITLE VII



Remand to the mothers of minor children



section 28a



(1) the Accused woman that during remand a child is born, you may have

This child and take care of them, if this child was not a court

entrusted to the care of another person.



(2) on the birth of a child during the remand of the accused women prison


It shall forthwith inform the District Court in whose district the prison is located, and

the competent authority of the socio-legal protection of children, in whose district the prison

is located.



(3) at the request of the accused women in prison the prison Director decides that

the accused woman may have their child and take care of them, usually after

the time to one year of age if the child was entrusted to the Court

to the care of another person, where appropriate, the proceedings in this case before the Court does not take place,

and compliance with the request is for the benefit of the child. Before the decision, the Director's

asks for an assessment of the treating physician, and the authority of the social and legal protection

the children, the competent according to the place of the present place of residence of a minor child.



(4) against the decision of the Director of the prison in accordance with paragraph 3, the accused

woman within 3 days from notification of the complaint. The complaint shall be decided by

the Director-General of the prison service or authorised by the employee

The prison service.



(5) If a request pursuant to paragraph 3, it may be rejected by the accused woman

Repeat the first 14 days after the decision, if the reasons

that led to the rejection of the application, you probably have passed away.



(6) a decision of the Director referred to in paragraph 3 shall inform the prison shall immediately

the District Court in whose district the prison is located, and the authority

the socio-legal protection of children, referred to in paragraphs 2 and 3.



(7) the prison allows the competent authority of the socio-legal protection of children ^ 12)

regularly monitor the development of the child, which accused a woman in prison

cares. If the reason the accused women concern binding, obstruct

clarifying the facts of relevance for the prosecution, ^ 3) to proceed

According to § 14 para. 2.



12) section 34 of Act No. 359/1999 Coll. on social and legal protection of children, in

amended by Act No. 52/2004 Coll. ".



Heading of title VII and VIII are referred to as title VIII and IX.



PART FOUR



Amendment of the Act on social and legal protection of children



Article IV



Act No. 359/1999 Coll. on social and legal protection of children, as amended by law

No. 257/2000 Coll., Act No. 273/2001 Coll., Act No. 309/2002 Coll., Act

No. 320/2002 Coll., Act No. 519/2002 Coll. and Act No. 222/2003 Coll.,

be amended as follows:



1. In section 34 para. 2 (a). (b)) after the word "convicted", the words "or

the accused ".



2. In article 34 paragraph 2. 3 (b). (b)) after the word "convicted", the words "or

the accused ".



3. In section 34 para. 4, after the words "to the sentence" the words

"or a woman in custody".



PART FIVE



The EFFECTIVENESS of the



Article. In



This Act shall take effect on 1 January 2000. July 2004.



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Klaus r.



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