460/2000 Sb.
LAW
of 28 June. November 2000,
amending Act No. 555/1992 Coll., on the prison service and of the judicial
the guard of the Czech Republic, as subsequently amended, and Act No.
186/1992 Coll., on the service of members of the police of the Czech Republic,
as amended
Change: 362/2003 Coll.
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 555/1992 Coll., on the prison service and judicial guard of the Czech
Republic, as amended by Act No. 169/1999 Coll. and Act No. 30/2000 Coll.,
be amended as follows:
1. In article 1 (1). 1, the words "in the exercise and management of Justice" shall be replaced by
the words "in the exercise of the judiciary and the administration of courts and in the activities of the State
the Prosecutor's Office and the Ministry of Justice (hereinafter referred to as "the Ministry") ".
2. in article 1, paragraph 2, including footnote # 1):
"(2) the General Directorate of the prison service, prison and the prison,
If decisions in administrative proceedings, have the status of administrative offices.
The prison service is running with the property of the State, which needs to perform
their task "^ 1") and the entity.
§ 9 para 1). 1 of Act No. 219/2000 Coll., on the property of the Czech Republic and
its representation in legal relations ".
3. § 2 including title and footnote # 2):
"§ 2
The tasks of the prison service
(1) the prison service
and) manages and guards of the prison and the prison, guarding the prison for
local enforcement and is responsible for compliance with the statutory
the conditions of detention and imprisonment,
(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 prerequisites for their non-conflicting
way of life after release,
d) secures tasks in preventing and detecting crime people
in custody and imprisonment,
e) conducts research in the field of penology, and uses its results and scientific
knowledge in custody and imprisonment,
f) creating the conditions for work and other appropriate forms of action in the performance of
binding and imprisonment,
g) provides order and safety in buildings, the courts and Government
the Prosecutor's Office and in other places the activities of courts and the ministries and in the
the scope of this Act ensures the safety of the exercise of the powers of the
courts and Prosecutor's offices,
h) keeps records of persons in custody and imprisonment on
the territory of the Czech Republic,
I) engaged in an economic activity for the purposes of the employment of persons in the exercise of
imprisonment, or even people in custody.
(2) the prison service carries out other tasks under special laws
legislation. ^ 2)
2 for example, section 16) Act No. 169/1999 Coll. on the execution of prison sentence
freedoms and amending certain related laws, section 63 of Act No.
186/1992 Coll., on the service of members of the police of the Czech Republic. ".
4. paragraph 3 reads:
"§ 3
(1) the prison service is broken down into the prison guards, judicial guard and
administrative service.
(2) prison guards and justice guards have the status of an armed congregation.
(3) a prison guard guarding and escorting a person, showing off in custody and
in prison, the remand prison, the prison guards and
the prison sentence for a local and in this activity, and in those
places provides a fixed order and discipline.
(4) the justice guards perform the tasks referred to in § 2 paragraph 1. 1 (b). (g)).
(5) the administrative service shall act in the administrative procedure according to the specific
legislation and provides organizational, economic, educational, and
other professional activity. Part of the administrative services is the health
the service. The activity of the administrative services provide civilian employees and
members.
(6) the Members of the prison service (hereinafter referred to as "members") inclusion in the
administrative services may be entrusted with fulfilment of the tasks of the prison guards.
(7) members of the inclusion 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
only with the consent of the Minister of Justice of the Czech Republic (hereinafter referred to as
"the Minister"). ".
5. in section 3, the following paragraph 3a is inserted:
' section 3a
(1) the fundamental articles of the Organization of the prison service are the General
Directorate of the prison, and prison. Individual prisons and remand
a prison shall set up and the Minister shall be deleted. Led by directors, which
appoints and dismisses the General Director of the prison service (hereinafter referred to as
"the Director General").
(2) the Directorate-General of the prison service manages, organises and controls
the activities of the other articles of the Organization of the prison service. ".
6. section 4 reads as follows:
"§ 4
(1) the Minister controls the prison service through the Director-General,
which appoints and dismisses. The prison service is responsible for the activities of
the Director-General to the Minister.
(2) the legal acts on behalf of the State makes up for the prison service General
Director. The directors of remand prisons, jails, and other organizational
articles of the prison service are authorized to act and do legal acts for
The prison service in all matters, except those under this Act
or decision of the Minister or Director General belong to their
powers. ".
7. in paragraph 4, the following paragraph 4a is inserted:
"§ 4a
The Ministry, in the exercise of State administration creates the prison service conditions
for the proper performance of its activities, in particular by
and the prison service) provides the means of State budget within
budget chapter,
(b) checks on compliance with obligations) is established by
law on management of State assets and control
compliance with other legislation, if does not belong to the scope of the
another institution, the
(c)) on sections of the defence and civil emergency planning, the protection of
classified information, fire protection and health and safety
at work establishes departmental plans in these areas and in
extent necessary, performs analysis and control activities
(d)) regulates and coordinates the service performance of the judicial guard with technical and
adjunct in the courts, Prosecutor's offices and the
the Ministry,
in the field of Informatics (e)), it draws up analyses and proposes the concept of development
information technology, systems, and computer networks. ".
8. In article 7 (2). 1 letter c) is added:
"(c)) if it is tainted by order or endanger the safety of the premises
The prison service, prison sentence, for the local court, the State
the Prosecutor's Office or the Ministry, or at demonstrations, and eskortách people
of custody or imprisonment. ".
9. In section 8 paragraph 1 reads:
"(1) a member of the service takes place usually in the staff uniform with
the identification number. Member, which takes place in the civil service,
It is marked with an identification plate with the number ".
10. In section 8, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
11. section 13 reads as follows:
"section 13
(1) when guarding is a entitled to discover the identity of the
persons entering into an object or located in it, view
their luggage and belongings and view the means of transport when entering and
the exit point. At the time about the suspicion that the person has a gun or other
thing that could interfere with the exercise of custody or execution of a sentence of deprivation of
freedom or safety in buildings, the courts, the public prosecutor's Office or
the Ministry or that unlawfully discharged from premises, may
Member of her personal tour and make such a weapon or other thing
Remove. Can take and other measures necessary to ensure that the object
have not been taken or transported things that could interfere with the exercise of
custody or imprisonment or safety in buildings
the courts, the public prosecutor's Office or the Ministry.
(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 objects and behave in a way that interferes with the
detention or imprisonment or threatens the safety of
controlled objects. ".
12. in article 16, paragraph 1 reads:
' (1) at the request or with the consent of the Minister used the bodies authorized to
by a special Act and under the conditions laid down by this Act
operatively-search resources, and operative technique in detention
prisons, jails or in prisons for punishment against local
persons in custody or in prison. "
13. in section 17(2). 1, the words "in the areas of enforcement or administration of Justice"
replaced by the words "in the prison sentence, for local in buildings, courts,
as well as other places of activity of the courts, the public prosecutor's office buildings
or of the Ministry ".
14. in section 18 para. 1 (b). (c)), after the words "of premises"
the words "or when escorting".
15. in section 18 para. 1, point (d)) shall be deleted.
Subparagraph (e)), and (f)) shall become points (d) and (e)).)
16. in section 19 (1):
"(1) when the staff of the procedure cannot be against
and a pregnant woman, person) to old age and the person with the obvious health
disability or a person apparently under the age of 15 years to use punches and kicks
self-defense, bonds with the restraint belt, slzotvorných resources, baton,
service dog, water stříkače, teeny, gunshot
weapons, firearms and a warning shot,
(b)) a woman use the service dog and firearms;
This does not apply if such persons immediately attack is life-threatening or
the health of a member or other person or risk greater damage to property and
the danger cannot be averted otherwise, and in the cases referred to in § 18 para. 1
(a). c).".
17. section 22 reads:
"§ 22
(1) Member, who performs the service of the judicial guard, has duties and
the permission referred to in the title of the second, with the exception of obligations and privileges
referred to in sections 15 and 16. When the delivery of documents to the Court and the State
the Prosecutor's Office and carrying out other acts is entitled to check for
the identity of the persons to whom the Act is going.
(2) a Member who performs the service of the judicial guard, is entitled to
make other necessary measures to ensure order and security in the
the buildings of the courts, the public prosecutor's Office and the ministries, as well as in
other areas of activity of the Court and the Ministry and a smooth and quiet
during the court proceedings.
(3) in carrying out its tasks, the judicial guard follows the guidelines of the President
the Court, the Director of the Administrative Department of the Court, the President of the Senate, the head of the
the public prosecutor or other authorized employee of the Court,
Public Prosecutor's Office or the Ministry.
(4) at the direction of a presiding judge justice guards, in particular,
and the decision on recognition) carries out specific people from the meeting hall or
Another activity of the Court, as well as the clearance of such space,
b) protects the official and other persons present in the courtroom or other place
the activities of the Court against physical attacks,
(c)) shall exercise the riot service upon entering the meeting hall, where it has been
the decision to exclude the public or the imposition of measures against
supercharging courtrooms,
(d)) provides escorts and protects against physical attacks and court staff
other persons present at the execution of a decision and on other operations outside the
the building of the Court.
(5) on the instructions of the other persons referred to in paragraph 3 of the judicial guard
in particular, the
and) prevents the entry of unauthorised persons in the designated space in places
referred to in paragraph 2,
(b)) carries valuables in the custody of the Court or the State
the Prosecutor's Office and transport of higher monetary amounts,
(c)) provides for service of documents of the Court or State Prosecutor's Office in the
the case that this method of delivery of ordered the President of the Senate or the State
representative.
(6) without the instruction of an authorized person referred to in paragraph 3 will carry out judicial
guard service procedure only if the procedure does not tolerate delay, and
the instruction of an authorized person cannot be achieved.
(7) if necessary, who shall exercise the judicial service
the guards, notify the nearest Police Department in the United States and ask for
synergy. ".
18. The head of the head shall be inserted after the fourth fifth and sixth indents are added:
"CHAPTER FIVE
KEEPING PEOPLE IN CUSTODY AND IMPRISONMENT
§ 23a
(1) the register of persons in custody and imprisonment on
the Czech Republic has
and the data taken from the decision) bodies active in criminal proceedings
notified by the prison service,
b) information allowing identification of each trapped persons,
(c)) information about the custody or imprisonment, including data
about the exact place and time when such person or punishment
deprivation of liberty, an overview of granted rewards and imposed disciplinary
sanctions and data on the results of the health surveillance.
(2) on the processing of personal data in the register referred to in paragraph 2 shall
special law used ^ 6) with the following exceptions:
and) to the processing of personal data in these records do not have to consent
the person to whom the data relate,
(b)), the prison service has no obligation to inform the person to whom the data are
concern about the content of his evidence,
(c)) to the transfer of personal data from the register to other States, if
done in the framework of cooperation in criminal matters under
renowned international treaties, which the Czech Republic is bound, it is not
required the prior approval of the Office for personal data protection,
(d)) in the records of personal data will be kept until such time as the person to whom the
These data refer to complete or has reached the age of 80, but not less than 10 years
Since the release of such a person from detention or imprisonment.
(3) the information from the register of persons in custody and imprisonment
the freedom of the prison service provides
and) law enforcement authorities,
(b)) the courts and the public prosecutor in the exercise of their competences,
(c)), the administrative authorities and the criminal record, if it is needed for your
activity,
(d)) with other people, if the provision of information on the legitimate interest and
its communication does not preclude a special law.
(4) to the extent necessary for the performance of the tasks of the prison service is entitled to
request information from the register of the population, even in a manner allowing
remote control and access. The appropriate administrator for registration or
the processor is obliged to such requests without undue delay.
(5) not over where the criminal prosecution, in which the accused was in custody,
a final conviction, the prison service personal information to such persons
further process and provide under paragraphs 3 and 4 with only its
the consent.
CHAPTER SIX
THE ECONOMIC ACTIVITY OF THE PRISON SERVICE
Section 23b
(1) the prison service can engage in economic activity outside their
the main activity for which it was established, provided that, in its
the main activities carries out the tasks laid down in this law.
(2) the profit made by economic activity is the mimorozpočtovým source,
which may be disposed of in the manner specified in the specific legal
legislation. ^ 6a) the financial management of this activity is to be conducted separately from the
management of funds of the budget of the prison service on a special,
the purpose of the Committee set up under the current account. The scope and the conditions of economic activity
the Ministry shall determine by Decree.
(3) expenditure on economic activity must be in the full amount covered by revenue
from this activity. On the start a new workflow activities in the framework of economic
the activities will be subject to the conditions stipulated by special legislation ^ 6b)
granted a repayable financial assistance from the budget chapter.
The prison service is obliged to return bailout deal to
end of the calendar year following the year in which it was provided.
(4) gain further economic activity may be used to cover
the investment needs and the nature of the neinvestičního in the framework of economic
activity.
6) Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain
laws, as amended by Act No 227/2000 Coll.
6a) section 45 of Act No. 218/2000 Coll. on budgetary rules and amending
certain related acts (budgetary rules).
6B) Act No. 218/2000 Coll. ".
The fifth title is referred to as the head of the seventh.
19. in § 24 para. 2, the words "to be to fulfill this task called
The police "are replaced by the words" the prison service to ask for the intervention of the police ".
20. In § 25 para. 2 the words "the powers of the military courts and" are deleted.
21. in § 25 paragraph 3 reads:
"(3) the provisions of § 5, section 6 (1). 1 and 2, section 8, § 11 (1) 1, § 12 para. 1 and
section 14 shall apply mutatis mutandis also used on civil employees of the prison service. Their
the employment relationship is otherwise governed by the labour code. In the exercise of permissions
enjoy the protection as members. ".
22. in section 27, paragraph 1 shall be deleted and paragraph 2 shall be abolished.
Article II
cancelled
Article. (III)
This Act shall take effect on 1 January 2000. January 1, 2001.
Klaus r.
Havel, v. r.
Zeman in r.
