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Change. On Remand And Change. On Imprisonment

Original Language Title: změna z. o výkonu vazby a změna z. o výkonu trestu odnětí svobody

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276/2013 Coll.


LAW
Dated 21 August 2013

Amending Act no. 293/1993 Coll., On Custody, as amended
amended, and Act no. 169/1999 Coll., On
custodial sentence and changes in some related laws , as amended regulations


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


Amendment to the Act on Custody

Art. I

Act no. 293/1993 Coll., On Custody, as amended by Act no. 208/2000 Coll.
Act no. 258/2000 Coll., Act no. 3/2002 Coll., Act No. . 218/2003 Coll.
Act no. 52/2004 Coll., Act no. 539/2004 Coll., Act no. 7/2009 Coll.
Act no. 41/2009 Coll., Act no. 375/2011 Coll. and Act no. 105/2013 Coll., is amended as follows
:

First In § 1, the words "civilian employees (hereinafter" employees ")"
replaced by the word "workers".

Second In § 3 the following paragraph 4 is added:

"(4) The Prison Service employees for the purposes of this Act as an employee
Czech Republic ranked to work in the Prison Service
as a member of the Prison Service.".

Third At the end of § 4, the following sentence "Prisons are established and abolished by the Minister of Justice
. Management of prisons performs Prison Service. ".

Fourth In § 5, at the end of paragraph 2 sentence "
A written introduction to the rights and obligations in the language of the country of which he is a citizen, or
in a language they understand, when you introduce the first sentence without delay
forwarded to the accused. ".

Fifth § 7, including footnote no. 3 reads:

"§ 7

(1) Separately placed:

A) men from women

B) charges for which reason linkages fear that they will frustrate the investigation
facts substantial for criminal prosecution ^ 3), the other accused,

C) allegations are the subject of joint management

D) allegations of lawfully convicted,

E) charges an infectious or mental diseases or where the
suspicion of such disease.

(2) Unless prevented by other circumstances, are placed separately:

A) charges that are prosecuted for any of the offenses listed in
§ 88 para. 4 of the Criminal Code, the other accused,

B) accused who are being prosecuted for a criminal offense committed through negligence, and
accused who were previously sentenced to an unconditional custodial
liberty from the other defendants

C) the accused who are in custody for the reasons mentioned in § 350c Criminal Procedure
from the other defendants.

(3) The accused, on request, be placed in a cell designed exclusively for
smoking.

(4) In deciding on the placement of the accused in customs duties shall be governed by
orders of the court and pre-trial and the prosecutor to separate
location of the accused and possibly account also of other aspects
and facts especially the age and health condition of the accused, the degree
disruptions, lifestyle habits and personal characteristics.

(5) The accused, who so request can be placed separately
unless there are objective links and if permitted under the conditions in the prison.

(6) An accused who is in custody behaves aggressively or systematically violates
obligations under this Act or a violation of these obligations
incites others are placed in a special cell, separately from the other defendants
.

3) § 67 clause. b) Act no. 141/1961 Coll., as amended
regulations. ".

6th In § 8 paragraph 1 reads:

"(1) The accused is placed inside of the remand
with a moderate regime if it does not endanger the purpose of detention or unless there are other circumstances
.".

7th In § 8 par. 2, the word "common" is deleted.

8th § 9 including the title reads:

"§ 9

Standard equipment duties

For each of the accused must be in a cell bed and lockers to store personal belongings
. The cells are further equipped with a table and chairs in
number corresponding to the number of defendants and sanitary facilities.
Toilet must be separated from the remaining area of ​​the cell opaque shield.
Into each cell must be introduced electric lighting and signaling
(summoning) facilities. ".

9th In footnote no. 4 the words "§ 72 para. 1 and 2" shall
words "§ 71, 72 and § 72a paragraph. 3".

10th In § 13 par. 3 first sentence, the word "advocate" the words "

Between the accused and the lawyer who represents the accused in another case. "

11th In § 13 at the end of the text of paragraph 3, the words "and, unless the accused
funds, at the expense of the prison."

12th In § 13a paragraph. 1, "in justifiable cases" shall be
word "normally".

13th In § 13a after paragraph 2 the following paragraph 3 is added:

"(3) The accused has the right to use the phone to contact with his lawyer or
lawyer who represents the accused in another case. If he does not
funding will allow him to prison the first contact at their expense. ".

Former paragraphs 3 and 4 become paragraphs 4 and 5.

14th In § 13a at the end of paragraph 4 following sentences "The defendant is not entitled
carry or use in custody
phone or any other communication or recording devices, including their parts and components
. If he lets you use your phone, you must use the phone
designated for this purpose by the prison. For people in extradition or surrender custody
permits allowing the use of the telephone competent judge;
in the context of temporary custody prosecutor. ".

15th In § 13a paragraph. 5, the words "§ 14 para. 7" is replaced by "§ 14 para.
9".

16th In § 14, after paragraph 4 the following paragraph 5 is added:

"(5) In justified cases, the director of the prison in order to implement
visit without a hearing, or even visual inspection.".

The former paragraphs 5 to 9 shall be renumbered 6 to 10

17th In § 14 para. 8, after the word "quit" the words "without compensation".

18th In § 14 para. 10 first sentence the words "paragraph. 1 "are deleted.

19th In footnote no. 5, the words "§ 91 of the Act no. 100/1988 Coll., On
Social Security, as amended by Act no. 180/1990 Coll." Deleted.

20th In § 16 para. 1, second sentence, the word "generally" is deleted.

21st In § 16 at the end of paragraph 3 the phrase "Unless the accused
funds to send non-transferred things are sent to prison
costs and expenses to prescribe it for payment.".

22nd In § 16 para. 4 second sentence, the word "deposit" is replaced
"taken into custody".

23rd In § 16 para. 4, the last sentence is replaced by "The accused may not be
it during remand cash.".

24th In § 17 para. 2, third sentence after the word "may" the words ", after
perform checks referred to in the first sentence".

25th Footnote. 6 reads:

"6) Act no. 372/2011 Coll., On medical services and the conditions of their
provision (Health Services Act), as amended
regulations.".

26th In § 18, after paragraph 3 the following paragraph 4 is added:

"(4) The cost of health services provided to the accused, who is not
person insured under the law regulating public health insurance
who can not pay for them from their own funds deposited in
prison, paid to the extent of costs associated with
providing emergency and acute health care and foreigners to the extent of costs under the Act
regulating the residence of foreigners in the Czech Republic Prison service
from the state budget if the reimbursement is not guaranteed
otherwise; This applies even if the accused can not pay the cost of medical services
made in order to preserve his health
beyond the scope of care covered by public health insurance or from the state budget
beyond international agreements to which the Czech
Republic is bound. ".

Former paragraphs 4-7 become paragraphs 5 to 8

27th In § 18, after paragraph 6 the following paragraph 7 is added:

"(7) The serious illness of the accused or his injury requiring hospitalization
prison without delay notify the competent authority
active in criminal proceedings. Prisons shall also notify the person they accused determine
or his kin; kin is not so informed, if the accused
asked to not do so. Prisons always inform without delay
one of these people, as well as the prosecutor who supervises
compliance with legislation in remand, in the event of the death of the accused
. ".

Former paragraphs 7 and 8 are renumbered 8 and 9

28th In § 18 par. 8 of the introductory part of the provision reads:

"The accused is obliged to compensate the increased costs incurred by the Prison

Service for surveillance, transport and presentation to healthcare providers
services, which means the costs incurred by that. "

29th In § 18 paragraph 9 reads:

"(9) The accused with severe disabilities have the right to reasonable conditions to ensure
a decent performance bond.".

30th In § 19 para. 1 second sentence deleted.

31st In § 19 para. 2, after the word "reward" the words "
occupational safety and health."

32nd In footnote no. 7, "Law no. 65/1965."
Be replaced by the words "Act no. 262/2006 Coll.".

33rd § 20 including the title reads:

"§ 20
Protecting the rights of the accused


(1) The accused is allowed to exercise their rights and legitimate interests of serving
complaints and requests to the authorities competent for their execution;
complaint or request must be the body to which it is addressed promptly sent.
Warden determines the pool of Prison Service staff charged
copying and sending complaints and requests and records;
create the conditions for complaints and requests of the accused to be
inconceivable that they treat them other than the authorized person.

(2) Prison Service without undue delay notify the prosecutor, judge or
body which inspects prisons, on the request of the accused
for an interview and to instruct them in a prison interview possible.

(3) Employees of the Prison Service, without undue delay notify
warden or his deputy on the accused's request for an interview.
Conversation with the prison governor or his representative must be allowed
without unnecessary delay.

(4) The accused has the right to provide legal assistance of his counsel or
lawyer who represents the accused in another case, leading him
correspondence and talk to him without a third party present.

(5) Prison Service staff are obliged to safeguard the rights of the accused
have in custody. ".

34th In § 21 para. 2, after the word "accused", the words "
convicts" and the words "tattoo themselves or another person, or have a tattoo
" is replaced by "must also not tattoo themselves or another person ,
getting tattooed or have held in the prison aids to conduct
tattoo; this also applies for other violations of the integrity
human skin and possession of tools for carrying out such activities. "

35th Footnote. 8 reads:

"8) § 130 of the Criminal Code.".

36th In § 21 par. 3, the first sentence is replaced "
The accused is obliged to submit to the personal and further examination in the interest of ensuring internal
order in the prison and exclusion that together had a thing whose possession is
in custody is prohibited. ".

37th In § 21 after paragraph 3 new paragraphs 4 and 5 are added:

"(4) The accused is in contact with other persons must respect the principles of decent behavior
used in ordinary social intercourse.

(5) the accused is forbidden to possess and distribute printed or
materials promoting national, ethnic, racial, religious or social hatred
, a movement aimed at suppressing human rights and freedoms
, violence and cruelty, printed or materials containing
description of the manufacture and use of poisons, explosives, weapons and ammunition, as well as printed materials or
containing a description of the production of narcotic substances. ".

Former paragraphs 4 and 5 shall be renumbered 6 and 7

38th In § 21 para. 6 point. d) the word "co-defendants" the words
"employees of the Prison Service."

39th In § 21 para. 6 after subparagraph d) a new point e), added:

"E) notify the prison name and surname advocate or lawyer who will represent him
in other things or to provide them with legal service".

Existing letters e) to g) are renumbered f) to h).

40th In § 21 para. 6 point. f) the words "narcotic and psychotropic"
replaced by the word "addictive".

41st In § 21 para. 6 at the end of the text of letter f) the words "including
examination to determine whether enjoyed an addictive substance, and in the event that
if the presence of addictive substances, to reimburse costs of the || | examination ".

42nd In § 21 para. 6 at the end of the text of letter g) the words "and
personal belongings maintain order and cleanliness."


43rd In § 21 at the end of paragraph 6 is replaced by a comma and
letters i) to l) are added:

"I) over a continuous eight-hour sleep period to observe the quiet,

J) not to smoke in places where it is due to the potential health hazards
nonsmokers or fire protection reasons, the director of the prison prohibited

K) announce on arrival at the prison, in writing, whether in pension
savings

L) announce the change health insurance and changing personal or family
data reported on admission to a remand. ".

44th Under § 21, the following new § 21a and 21b, which, including the title added:

"§ 21a

Obligation to reimburse the costs associated with performance bonds

(1) The prison director decides on the obligation of the defendant to reimburse
associated with performance bonds, which are

A) the cost of sending non-transferred goods in accordance with § 16 para. 3,

B) the cost of medical services according to § 18 par. 4 of the sentence after the semicolon and
according to § 21 para. 6 point. h) and regulatory fees

C) increased costs of guarding, transport and presentation according to § 18 paragraph.
8

D) the costs of testing to determine whether the accused enjoyed an addictive substance,
in case, if the presence of addictive substances, according to § 21 para. 6
point. F).

(2) The decision referred to in paragraph 1 shall be individual costs
quantified. Against this decision the accused may within 3 days of receipt
file a complaint decided by Director General of the Prison Service
or the authorized employee of the Prison Service.
Filing a complaint has suspensive effect.

(3) a decision which has been accused ordered to reimburse the costs
under paragraph 1 for a period of remand performed by deductions from working
reward money deposited in the prison or seizures.

§ 21b
Damages


(1) If the accused caused by culpable breach of obligations stipulated by this law
damage to state property is managed by the Prison Service, and
above that damage does not exceed 10 000 CZK, on ​​the obligation to replace this
damage to the prison director. The decision of the warden may
accused within 3 days of receipt to file a complaint, decided by
Director General of the Prison Service or the authorized employee of the Prison Service
. Lodging a complaint has suspensive effect.

(2) Enforcement, which has been accused ordered to compensate
damages under paragraph 1 for a period of remand performed by deductions from working
reward money deposited in the prison or commandments
claims. ".

45th In § 23 paragraph 1 reads:

"(1) The disciplinary powers over the accused exercised
Director General of the Prison Service and directors of prisons and their authorized employees of the Prison Service
.".

46th In § 23 at the end of paragraph 2 the following sentence, "The accused has the right to
comment on all the facts which he is blamed for and the evidence
them. May indicate circumstances that disprove his guilt or mitigate, and
to support their claims suggest further evidence
serving his defense. ".

47th In § 23 para. 5, "was fined forfeiture"
replaced by "the disciplinary punishment".

48th In § 23 paragraph 7 reads:

"(7) A complaint against the decision to impose a disciplinary punishment or protective measure
detainer decide within 5 working days of its submission
warden or the authorized employee of the Prison Service. About
complaint against the warden decides
Director General of the Prison Service or the authorized employee of the Prison Service.
Decision on a complaint can not authorize an employee to disciplinary punishment imposed or
which decided on the detainer. ".

49th Footnote. 10 is deleted, including the reference to a note
footnote.

50th In § 23, paragraph 8 shall be added:

"(8) The decisions issued in disciplinary proceedings, which were imposed disciplinary punishments
according to § 22 paragraph. 2 point. a) to c) are not subject to review
court. ".

51st Footnote. 11 reads:

"11) Act no. 500/2004 Coll., The Administrative Code, as amended
regulations.".

52nd In § 28 para. 4 the word "bond" the word "normally".
PART TWO


Change Law on Imprisonment

Art. II


Act no. 169/1999 Coll., On Imprisonment and amending
some related laws, as amended by Act no. 359/1999 Coll., Act No.
. 3/2002 Coll., Act no. 320/2002 Coll., Act no. 218/2003 Coll., Act No.
. 52/2004 Coll., Act no. 539/2004 Coll., Act no. 109/2006 Coll., Act No.
. 267/2006 Coll., Act no. 346/2007 Coll., Act no. 306/2008 Coll., Act No.
. 7/2009 Coll., Act no. 41/2009 Coll., Act no. 281/2009 Coll., Finding
Constitutional Court promulgated under no. 341/2010 Coll., Act no. 181/2011 Coll
., Act no. 375/2011 Coll. and Act no. 399/2012 Coll., is amended as follows:

First In § 1, paragraph 2 reads:

"(2) The purpose of imprisonment (hereinafter referred to as" punishment ")
is the means provided by law to act on convicts so that
reduce the risk of recurrence of his criminal behavior and lead self-sufficient after release
life in accordance with the law, protect
society from offenders and prevent them from further criminal activity
. ".

Second In § 3 para. 3, the second sentence is replaced by the phrase "instructions and commands
extent provided by law are entitled to issue next
Prison Service members and employees of the Prison Service.".

Third In § 3, paragraph 4 reads:

"(4) The Prison Service employees for the purposes of this Act as an employee
Czech Republic ranked to work in the Prison Service
as a member of the Prison Service.".

Fourth In footnote no. 2, "§ 124 of Law no. 65/1965."
Replaced by "§ 203 of the Act no. 262/2006 Coll.".

Fifth Footnote. 3 is deleted, including the reference to a note
footnote.

6th In § 5 para. 2, first sentence, the word "secure" is replaced by
"give".

7th In footnote. 3b, the words "point. d) "is replaced
" paragraph. 1 point. C)".

8th In § 6, at the end of paragraph 2 sentence "
A written introduction to the rights and obligations in the language of the country of which he is a citizen, or
in a language he understands shall promptly transmit to convict.".

9th In § 7 of the first part of the text, the words "women" the words "
conviction of an infectious disease or suspected infectious disease
".

10th In § 7. e) the word "and" is replaced by a comma.

11th In § 7 at the end of letter f) the period is replaced by the word "and" and the following
letter g), added:

"G) very dangerous under § 72a.".

12th In footnote no. 4, the word "no. 140/1961 Coll., The Criminal Code "
replaced by" no. 40/2009 Coll., The Criminal Code ".

13th § 12 including the title reads:

"§ 12

Proposal to transfer the convict

Notifies if convicted warden that served the court for their
transfer to a different type of prison warden sends
court without its challenges annex referred to in § 11 para. 2. '.

14th In § 16 after paragraph 1 the following paragraph 2 is added:

"(2) Where, for it created in the corresponding prison construction,
material and hygienic conditions, allowing in particular convicts
placed in output prison departments to prepare meals
themselves from food supplied prison. ".

Paragraphs 2 to 9 shall be renumbered 3 to 10

15th In § 16 par. 3 of the word "space" is replaced
'locker to. "

16th In footnote no. 5, the words "no. 20/1966 Coll., On public health care
people "are replaced by" no. 372/2011 Coll., On health services and their provision
conditions (Health Services Act), as amended
".

17th In § 16 paragraph 8-10 added:

"(8) A prisoner who is assigned to work, refused without a serious reason
work and not in one calendar month
other income or other financial resources amounting to at least CZK 100 provides prison
once a month package that includes basic things
personal needs.

(9) about a serious disease or convicted for his injury requiring hospitalization
prison without delay inform the person they condemned
declare or his kin; kin is not so informed, when it condemned
asked to not do so. Prisons always inform without delay
any of these persons, as well as the prosecutor who supervises
over compliance with legislation in prison, if the death occurs
convicted.


(10) A social worker provides convict prison right
provision of social counseling, assistance and support to the extent
stipulated by the law governing the provision of social services. ".

18th In § 17 para. 3, "a lawyer authorized to represent the convicted
" is replaced by "and his lawyer,
between the prisoner and lawyer who represented convicted in another case."

19th In § 17 the following paragraph 5 is added:

"(5) Correspondence convict who has no financial resources
addressed to the authorities referred to in paragraph 3 will be sent to prison
costs.".

20th In § 18 paragraph 1 reads:

"(1) The convict has the right to use the phone to contact a person
close during the specified internal prison rules; while it may be used only
phone for this purpose by the prison. This right can be convicted
restricted only in justified cases, particularly if it is necessary to protect
safety or rights of other persons. ".

21st In § 18 after paragraph 1 the following paragraph 2 is added:

"(2) The convict has the right to use the phone at a scheduled
internal prison rules for contact with his lawyer or the lawyer who represents
convicted in another case.".

Paragraphs 2 to 4 shall be renumbered as paragraphs 3 to 5

22nd In § 18 par. 3, "a person close to the" replaced "are
persons referred to in paragraphs 1 and 2".

23rd In § 18 par. 5, the words "paragraphs 1 and 2" are replaced
"paragraphs 1 and 3".

24th In § 19 para. 1, "3 hours" are replaced by "3
hours."

25th In § 19, after paragraph 6 the following paragraph 7 is added:

"(7) When visiting convicts are obliged to behave decently and
considerate of other persons present.
May not bestow or receive money, letters or other things, with the exception of cases permitted
prison director or an authorized employee of the Prison Service. ".

Former paragraphs 7 and 8 are renumbered 8 and 9

26th In § 19 para. 9, after the word "quit" the words "without compensation".

27th In § 20 para. 9, the words "for their future independent life
freedom" is replaced by "to enable them after their release
lead independent life in accordance with the law".

28th In § 23 paragraph 1 reads:

"(1) The prisoner has the right to purchase at least once a week in the store
prison food and personal items, or things to interest and
educational activities or to implement a treatment program.
Purchase is made by direct debit from the part
cash resources with which it can freely dispose. The warden may
prioritize before buying cover the costs of essential medicines
foods for special medical purposes, medical devices and
supplements for them to medical procedures not covered or partially covered from public health insurance
and regulatory fees or
associated with the acquisition of the necessary personal documents. ".

29th § 24 including the title reads:

"§ 24
Adoption of the package


(1) The convict has the right to once every six months, a package with
food and personal items weighing up to 5 kg.
Right to receive the package, there is a limit in the first sentence begins the day you start to exercise
punishment or on the transfer of remand.

(2) check the parcels Prison Service staff.
Convict to not pass things that are contrary to the purpose of punishment or not
permitted to carry, especially things that could endanger the lives and health
own or other people. Things that can not be passed
convict and which is to be loaded under the laws
another way, the cost to send the prisoner back to the sender
excluding foods with a short shelf life or outdated consumption, which
discarded.

(3) For packages containing underwear, clothing and supplies for program implementation
treatment, education or leisure activities not subject to restrictions
referred to in paragraph 1

(4) The package, whose adoption has condemned the law or the adoption
convicted refused, sent to prison costs convict sender.

(5) Unless convicted funds to send non-transferred
things or package sender, sent to prison and the costs incurred

Costs prescribe sentenced to pay the costs associated with such
imprisonment. ".

30th In § 25 paragraph 1 reads:

"(1) Where a prisoner is sent money transferred to his
account established and maintained by the prison and sentenced to notify about it.
The convict must carry during their imprisonment cash.
Money sent convict specifically to cover the cost of health
services not covered by public health insurance, to cover
regulatory fees and the purchase of medicines, foods for special medical purposes
and medical devices must be stored on
special account from which you can draw money only to cover the costs mentioned
. If he disagrees with the adoption convicted of money, the money is returned to the sender
at the expense of the convicted person. If he does not convict
enough funds to send deducted prisons cost of sending a
sent money. The receipt of money sent to state authorities and
income taxable income will not require the consent of the convict. ".

31st In § 25 paragraph 4 reads:

"(4) If a convicted person fails to pay the judgment, the assessment of damages or non-pecuniary
harm caused by the crime for which he is serving a sentence,
claims related to criminal proceedings, claims arising in connection with the provision
or providing health services and payment
regulatory fees and additional charges beyond the public health insurance, legal and administrative fees and
damage or non-material damage he has caused
Prison service while in prison, could payable for granted || | medical services not covered by public health insurance and purchase
according to § 23 only use half of the funds referred to in paragraph 1
the first sentence and the remainder of the funds can only be used on
settlement of these claims; It explicitly does not apply to money sent to
costs referred to in paragraph 1, third sentence. ".

32nd In § 25 par. 5, the words "paragraph. 5 "is replaced by" paragraph. 6 '.

33rd In § 25, the following paragraph 6 is added:

"(6) account maintained by the prison convict does not bear interest and for his leadership
levied charges. Money in a foreign currency can not be converted to the Czech currency
is saved in prison along with other things convicted.
Account must always remain the amount needed to cover the costs of traveling from place
convict prison to the place where it will be released
delay. ".

34th In § 26 par. 1, a sentence added after the first sentence "The request for transfer to another prison
may be doomed to repeat the first three months after the
response to his previous request.".

35th In § 26 at the end of paragraph 3 the sentence "This right
convict must be provided within 24 hours of receipt of the request.".

36th In footnote. 10, the word "no. 65/1965. "Replace
words" no. 262/2006 Coll. ".

37th In § 28 par. 2 point. a) after the word "personal" the words "and other
" and the word "not" before the word "should."

38th In § 28 para. 2 at the end of the text of letter b) the words ";
If your personal belongings locked in a locker to store personal
things is obliged to hand over the keys to the cabinet director of the prison
authorized employee of the Prison Service. "

39th In § 28 par. 2 point. f) after the word "spoluodsouzeným"
inserted after the word "employees of the Prison Service."

40th In § 28 par. 2 point. g) the words "narcotic and psychotropic"
replaced by the word "addictive".

41st In § 28 par. 2 point. i) the words "the contribution of the service" are deleted.

42nd In § 28 para. 2 at the end of the text of letter i) the words "and
those resources to ensure sending the amount to an account held
prison to cover the costs of imprisonment in the amount stipulated in the special
law".

43rd In § 28 para. 2 at the end of the text of letter k), the words "and that
including regulatory fees".

44th In § 28 at the end of paragraph 2 is replaced by a comma and letters
l) to r) are added:

"L) report to prison name and surname advocate or lawyer who will represent him
in other things or to provide them with legal service

M) report on arrival at the prison, in writing, whether in pension
savings


N) notify the prison health insurance provider change, and change in personal or family
data reported upon admission to prison,

O) to undergo examinations to determine whether enjoyed an addictive substance and
case, if the presence of addictive substances, to pay the costs of this
examination

P) observe the ban on smoking in places where it is due to the potential health hazards
nonsmokers or fire protection reasons, the director of the prison
banned

R) during an eight-hour period for the sleep to observe the quiet. ".

45th In § 28 par. 3 point. c) the words "as well as printed materials or
containing a description of the manufacture and use of drugs, poisons, explosives, weapons and ammunition
" is replaced by "or printed materials containing
description of the manufacture and use of poisons, explosives, weapons and ammunition, as well as
publications or materials containing a description of the production of drugs ".

46th In § 28 par. 3 point. e) the words "or getting tattooed"
replaced by "getting tattooed or have held in the prison
utilities to perform tattoos; this also applies for other ways
violation of the integrity of human skin and possession of tools for conducting such
activities ".

47th In § 29 par. 2 point. a) after the word "skills" the words
"including the capability to provide health services."

48th Footnote. 12 reads:

"12) § 238-247 of the Act no. 262/2006 Coll., As amended.

Convention on the night work of minors employed in industry, announced under No.
. 460/1990 Coll. ".

49th In footnote no. 13, "§ 97 para. 1 and 3 of Law no. 65/1965
." Replaced by "§ 93 of the Act no. 262/2006 Coll.".

50th In § 32 par. 2 after the semicolon the word "conviction"
words "if they are medically fit".

51st In § 32 at the end of the text of paragraph 2 sentence "During walks
such work can be ordered only exceptionally, if so required
extraordinary situation.".

52nd In § 33 after paragraph 1 the following paragraph 2 is added:

"(2) The Prison Service provides convict ranked to work during
his temporary incapacity to pay compensation under the same conditions as
her employer provides employees under the Labor Code.".

Paragraphs 2 to 5 shall be renumbered 3 to 6

53rd In § 33 par. 3 at the end of the text of the second sentence, the words "
and other costs associated with the execution of the sentence."

54th In § 33 paragraph 5 reads:

"(5) Part convict labor remuneration that remains after deductions
under paragraph 3 or in paragraph 4, the share of spending money, and
storage. Pocket money means the amount which can be used by convicted
own decision. Storage means the remaining part of the labor remuneration, which
prison transferred to the account of the convict. ".

55th In § 33 para. 6 of the first sentence the number "4" is replaced by "5".

56th In § 35 paragraph 2 reads:

"(2) The obligation under paragraph 1 shall be exempt condemned for the period during which the


A) has not been involuntarily assigned to work, if not a pensioner or
výsluhového contribution or have received in a calendar month
money to an account in custody

B) has not reached the age of eighteen,

C) it has been provided inpatient care, except in cases
mentioned in § 36 para. 2

D) has been included in educational or therapeutic programs with time
teaching or therapy for at least 21 teaching hours a week

E) the sentence temporarily performed by,

F) has been involved in the court proceedings as a witness or
damaged. ".

57th Footnote. 14 is deleted, including the reference to a note
footnote.

'58. § 36 including the title reads:

"§ 36

Obligation to compensate for the additional costs associated with enforcement of the sentence

(1) The warden will decide on the obligation to compensate the convicted
additional costs associated with enforcement of the sentence, which are

A) the cost of sending non-transferred goods or package according to § 24 paragraph.
5

B) the cost of medical services according to § 28 par. 2 point. k) and
regulatory fees

C) costs of testing to determine whether enjoyed the addictive substance in
case, if the presence of addictive substances, according to § 28 para. 2
point. o)

D) increased costs for health services.


(2) the increased costs of health services under paragraph 1. d)
mean increased costs for guarding and transportation costs to and demonstration
health facility healthcare providers outside objects
managed by the Prison Service, if convicted

A) deliberately caused intentionally or otherwise allow inflicting harm to health or
repeatedly violated the treatment regime

B) abused the provision of health services feigning health disorders, or


C) his own decision not undergone medical service provided to
which has given prior consent or requested.

(3) The decision referred to in paragraph 1 shall be individual costs
quantified. Against this decision, sentenced to three days from notification
file a complaint, be decided by the Director General of the Prison Service or
him authorized employee of the Prison Service. Lodging a complaint has suspensive effect
.

(4) a decision in accordance with paragraph 1, after a period of imprisonment
performed by deductions from the remuneration of labor, money deposited in the prison or commandments
claims.

(5) According to paragraph 4 and proceed in replacing unpaid
associated with performance bonds prior to this prison.

(6) for reimbursement pursuant to paragraphs 1 and 5 shall apply mutatis mutandis
§ 35 par. 3 to 5 ".

59th In footnote no. 16 "§ 172 of Law no. 65/1965."
Replaced by "§ 250 of the Act no. 262/2006 Coll.".

60th In footnote no. 17, the words "§ 187, 205a and 205b of Law no. 65/1965
." Replaced by "§ 265, 269 and 270 of the Act no. 262/2006 Coll.".

61st Footnote. 18 reads:

"18) § 365-393 of the Act no. 262/2006 Coll., As amended
regulations.".

62nd In footnote no. 19 "204 and 205 of Law no. 65/1965 Coll
." Replaced by "266 to 268 of the Act no. 262/2006 Coll.".

63rd In § 39 par. 2, after the word "prison" the words "full-time study
".

64th In § 39a paragraph. 2, the word "authorized" is replaced by "authorized".

65th In § 39a at the end of paragraph 2 sentence "Filing a complaint has
suspensive effect.".

66th In § 39a, the following paragraph 4 is added:

"(4) a decision in accordance with paragraph 1, after a period of imprisonment
performed by deductions from the remuneration of labor, money deposited in the prison or commandments
claims.".

67th In § 40 par. 1, the words "submit to the Internal Rules" shall be
words "comply with the internal order."

68th In § 40 par. 2 first sentence, the words "convicted" shall be replaced
", which aims to prepare the prisoner for independent life in accordance with the law
after release from prison."

69th In § 40 par. 2, a sentence added after the first sentence "Part of the effect on
convicted are also methods and forms of work focused on solving
consequences and impact of crime on the victim.".

70th In § 40, paragraph 3 shall be added:

"(3) The director of the prison for permission to leave prison
is a public document that can prove the identity of the prisoner.".

71st In § 41 paragraph. 2, after the word "pedagogical", the word "
social" and the word "assessment" the words "
assessment of risks and needs."

72nd In § 41 paragraph. 3, second sentence, the word "prisoner", the word
"or" and the words "independent life" is replaced
"independent life in accordance with the law".

73rd In § 41 paragraph 4 reads:

"(4) In the framework of treatment for prisoners not included in the output
department create at least 3 months before release
conditions for independent life in accordance with the law and for that purpose
updated treatment program. ".

74th Under § 42 the following § 42a, including the heading reads:

"§ 42a
Convicted


(1) The convict shall be forwarded to the police authority outside the prison at the time strictly necessary to carry
action pending procedure on the basis of a written request containing
reasons for this procedure. The request sends
police authority at least three days before such action warden.
The request must be approved by the director of the relevant department of the Police of the Czech Republic
or his authorized in writing by a police officer Czech

Republic, Chief of the Military Police, or the head of a
general inspection of security forces.

(2) If the convicted person is handed over a period exceeding 24 hours and
operation is performed outside of the village, where there is a prison where the convicted person is placed
can be sentenced to the end of the act put in jail, which
is closest to where the action is carried out. Escorts between prisons ensures
Prison Service.

(3) At the time of the handover of convicted police authority until its return
or location to another prison guard convicted ensures Police
Czech Republic. ".

75th In § 43 para. 2 first sentence and § 61 paragraph. 5, the words "separate
way of life" is replaced by "independent life in accordance with the law".

76th In § 43 para. 3, "mode of life convicts 'is replaced
' schedule day".

77th In § 46 para. 3 point. d) the amount of '1000 CZK "is replaced by" 5
000 CZK. "

78th In § 47 para. 1 the words "to the question" is replaced by "commented
all the facts, which he blamed for and the evidence of them."

79th In § 47 at the end of paragraph 1 the sentence "may state the circumstances
which refute his guilt or mitigate and to support their claims
propose further evidence in his defense.".

80th In § 58 par. 3, the words "69, 70 and 71" is replaced by "69 and 70".

81st In § 58 at the end of paragraph 3 the sentence "The same goes for
members of security forces, soldiers and police officers municipal
although their service or similar relationship is no longer present.".

82nd In § 61 paragraph. 7, after the word "mandatory" the words "if it is
him physically fit."

83rd Footnote. 21 is deleted, including the reference to a note
footnote.

84th In § 67 the following paragraphs 5-7 are added:

"(5) The basis of the treatment program is for mothers who have been allowed by
themselves and care for their child, all-day child care.

(6) The warden may decide to revoke the permit to carry a performance penalty
carry your baby and take care of them, on the basis of a negative
opinion of a doctor or clinical psychologist or organ socio
legal protection of children to another whereabouts of the child with his mother in prison
. It shall inform the director of the prison immediately
district court and the authority child protection, in whose district the prison is located
.

(7) against the decision of the prison director pursuant to paragraph 6, a woman sentenced
filed within three days of notification of the complaint which has suspensive effect
. The complaints are promptly Director General of the Prison Service
or a duly authorized employee of the Prison Service. ".

85th In § 69 par. 1 point. b) the word "step-22)", the words "unless
apply for the inclusion in the work and his ability to work
such inclusion admits."

86th In § 70 point. b) the word "psychotropic"
replaced by the word "addictive".

87th In § 71, paragraph 2 deleted.

Former paragraphs 3 and 4 become paragraphs 2 and 3

88th In Part One, Title IV, Part 8 per episode 9 adds that
including heading reads:

"Episode 9

The imprisonment of very dangerous convicts

§ 72a

(1) Very dangerous prisoners are convicted,

A) who was sentenced to extreme penalty

B) against whom a criminal prosecution for a particularly serious crime
perpetrated during their detention or imprisonment,

C) that in the past five years attempted to escape or flee from
custody or prison,

D) which may reasonably be expected to endanger the safety of other persons
.

(2) Very dangerous convict is usually placed in the department
high technical security.
Warden decision on inclusion in departments with enhanced technical and structural security
is made in writing and delivered to the detainee. The decision may
sentenced filed within three days from receipt of the complaint, which does not have suspensive effect
. The complaints are directed to Director General of the Prison Service or
him authorized employee of the Prison Service.

(3) Very dangerous convicted under subsection 1. a) to c) to
departments with enhanced technical and structural security placed for

Exceeding 90 days. If not at this time provide any reasons under paragraph 1
point. d) convicted of this department eliminated. If at this time
such reasons identified, convicted in this department keeps even
repeatedly, the longest for the next 180 days.

(4) Very dangerous convicted under subsection 1. d) to the department
with high technical security placed for the longest
180 days. If not at this time provide any reasons for this placement
convicted of this department eliminated. If at this time a
reasons identified, convicted in this department keeps even
repeatedly, the longest for the next 180 days.

(5) The convicted included in the departments with enhanced technical and structural security
may ask the Governor to removal from the
department, if it considers that the reasons for listing
occurred or ceased to exist. The decision on the request is made in writing and delivered to convict
. The decision of the prisoner can be made up to 3 days of delivery
complaint, which does not have suspensive effect. The complaint
decided by the General Director of the Prison Service or the authorized employee of the Prison Service.
If the request is rejected convicted, could be sentenced to reapply until
after three months from the decision. ".

89th In § 74 para. 1 the words "established" is replaced by "may be established"
word "placed" before the word "classified" and "independent
way of life" is replaced by "self-sufficient life in harmony
the law. "

90th In § 74 paragraph 2 reads:

"(2) treatment programs after the inclusion of the convicts in the output
department updated and focused on their preparation for self-sufficient
life in accordance with the law.".

91st In § 75, the words "for a smooth transition convicted in a separate
way of life after release from prison" are replaced by "to
condemnation to them after their release from prison smoothly go into independent living
line the law ".
PART THREE



EFFICIENCY
Art. III

This Act comes into force on 1 January 2014.
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Zeman


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