456/2009 Sb.



DECREE



of 11 December 1997. December 2009



on the control of enforcement of a sentence of house arrest



The Ministry of Justice shall determine pursuant to section 334h of Act No. 141/1961 Coll.,

the criminal procedure (code of criminal procedure), as amended by Act No. 306/2009

Coll.:



§ 1



Checking the enforcement of a sentence of house arrest is especially



and spot-checks) officer of the probation and mediation service

(hereinafter referred to as "probation officer") at the place of enforcement of a sentence of house arrest,



(b)) in using electronic control system,



(c)) in the management of the documentation of all operations in connection with control,



(d) the evaluation of the performance of the Court) imposed reasonable limits and

reasonable obligations specified in § 48 para. 4 of the criminal code

to ensure that convicted him lead an orderly life,



e) in validating that a convicted person is replaced by damage, in accordance with

decision of the Court under section 60(1). 4 of the Penal Code and whether it satisfies the

educational measures imposed by the Court under section 60(1). 5 criminal code,



(f)) in examining the reasons for violation of the terms of the sentence, and



g) in informing the Court of a violation of the enforcement of a sentence or non-compliance with

reasonable restrictions and reasonable obligations specified in § 48 para. 4

Criminal Code or failure to comply with educational measures imposed by the Court

under section 60(1). 5 of the criminal code.



§ 2



(1) when you check in the place of enforcement of a sentence of house arrest, probation

the clerk shows the staff ID card the probation and mediation service.



(2) the convicted person upon request demonstrates its identity of the probation officer

at any time during the sentence of house arrest.



§ 3



Probation officer no later than the beginning of the enforcement of a sentence of house arrest

instruct the convicted person, or even a person living with him in a common dwelling,

the limitations associated with the control of the prison and its obligations

the framework of the cooperation to which it committed itself in writing. Record of learning

based in the documentation by the probation and mediation service centres.



§ 4



(1) the Interaction of the convicted person in the performance of checks on the sentence of house arrest

in particular in allowing the presence of the convicted person checks in and

the time of enforcement of this penalty, a probation officer, including allowing its

the entrance to the dwelling of the convicted person and in cooperation in the performance of the Court

imposed reasonable restrictions and reasonable obligations referred to in section 48

paragraph. 4 of the criminal code to ensure that convicted him lead an orderly

life, in the performance of educational measures and when checking whether the person's

replaced by the damage caused.



(2) If a prisoner Is known to not be able to fulfil the conditions for the exercise

the sentence of house arrest at a specified place and time, this

the probation officer and without delay to the Court that the punishment

saved by. Probation officer in this case without delay and shall inform the Court of

your own findings to the reasons for non-compliance with the sentence.



(3) the convicted person may, in the course of execution of a sentence of house arrest to turn

on probation with a request for assistance in resolving the situation

related to the control of the execution of a sentence of house arrest and influence

the progress of the execution of the sentence.



§ 5



Probation officer takes a record of each inspection made by and about

every personal negotiations with the prisoners. The record establishes in the documentation

opened with the probation and mediation service centres.



§ 6



(1) the probation officer shall consult with the prisoners found a violation of the

enforcement of the sentence, or examine the veracity of his claims.



(2) the probation officer shall promptly inform the Court of all cases

violation of the terms of the sentence. Their findings demonstrate copies of records

detected a case violations of the terms of the sentence, including the opinions of the

the convicted person and the record of the examination of the claims of the convicted person of the reasons for

violation of the terms of the sentence.



(3) a Probation Officer after serving a sentence of house arrest or its parts

the Court will send a message containing the basis for the Court's decision on the

the obligation of the convicted person to pay costs associated with the performance penalty

house arrest.



§ 7



(1) Review the sentence of house arrest provided by the probation and

mediation service, in cooperation with the operator of an electronic

the control system consists in particular in the



and installation and uninstallation process electronic) control system in place

the sentence of house arrest,



b) installation and uninstallation process of technical equipment on the body of the convicted person,



(c) the functioning of the convicted person) instruction of the electronic control system and

about the inadmissibility of any intervention in this system by the

the convicted person and other unauthorised persons,



(d)) to monitor convicted in a designated place for a specified period

electronic control system,



(e) the availability and functionality of) an examination of the electronic control

the system,



(f) reported cases of absence records) the convicted person in the place and

the time of execution of a sentence of house arrest.



(2) the synergy of the convicted person in the performance of checks on the sentence of house arrest

in the manner referred to in paragraph 1 also means that the person's will allow for

the presence of the probation officer entry to a dwelling by the representatives of the operator

the electronic control system (hereinafter referred to as "the representative of the operator")

for the purposes of installing and uninstalling of the electronic control system and

suffer on your body 24 hours a day the technical device for performance

the sentence of house arrest. Furthermore, it will allow representatives of the operator input to

the dwelling for the purpose of maintenance and control functionality of an electronic

the control system.



(3) the electronic control system in place of a sentence of house arrest

to install, after you make the identification of the convicted person, the representative of the

the operator in the presence of the probation officer. The takeover of

the electronic control system to the use of the convicted person commits

by signing up, who also signs the present representative

the operator and the probation officer. Handover of the Protocol are

also, the conditions for the operation of the electronic control system, which is

a convicted person shall comply with. A copy of the handover passes

the probation officer of the Court.



§ 8



Checking the enforcement of a sentence of house arrest provided by probation and mediation

service in cooperation with the operator of electronic control

the system does not exclude the possibility for random checks carried out by a probation

an official at the place of punishment.



§ 9



This Decree shall enter into force on 1 January 2000. January 1, 2010.



Minister:



JUDr. Kabelo in r.