19/2015 Sb.
DECREE
of 22 March. January 2015,
amending Decree No. 345/1999 Coll. issuing the rules
imprisonment, as amended
The Ministry of Justice establishes, pursuant to § 81 of Act No. 169/1999 Coll.
imprisonment and amending certain related laws:
Article. (I)
Decree 345/1999 Coll. issuing the order of imprisonment
freedom, as amended by Decree No. 378/2004 Coll. and Decree No. 243/2006 Coll.
is amended as follows:
1. in article 1, paragraph 1 reads:
"(1) Where this Ordinance governs the scope and tasks of the employees of the prison service
services of the Czech Republic (hereinafter referred to as "the prison service"), meant to cover (i)
Member of the prison service, if individual provisions
otherwise. ".
2. paragraph 3 reads:
"§ 3
(1) upon admission to prison is necessary to verify the identity of the convicted person, in order to
It was with reference to all available evidence excluded his confusion with the
the other person. If convicted, supplied to imprisonment
(hereinafter referred to as "punishment") authority of the police of the Czech Republic, no
proof of identity can be convicted to take into prison only if
that identity has already been verified previously and is about how the documents made
the record of a court or competent authority to the police authority.
(2) if the convicted person does not have to be admitted to the prison, together
no proof of identity, it is necessary to verify his identity in a different way,
and, where appropriate, if there is no reason to doubt his honorary
statement. ".
3. in article 4, paragraph 1 reads:
"(1) upon admission to the prison for the convicted person makes a personal tour and
the necessary sanitary and protiepidemická measures. The person who guided tour
examination is being, or is present, it must be of the same gender as the
convicted. ".
4. In section 4, paragraph 4. 2, after the word "watch," the words "that
do not include the communication or recording devices, "and after the word
"correspondence" with the words "wedding ring".
5. In paragraph 4, at the end of paragraph 3 the following sentence "the Prisoner will not allow
the use of radios, scanners, surveillance and transmiterů signal to the
FM band. ".
6. paragraph 5 reads as follows:
"§ 5
The onset of a convicted person to imprisonment, the prison administration sends a message
the Court, which in the case at first instance, the guardian, if the
the person's limited in incapacitation, the territorial Department of the Regional Directorate
Police of the Czech Republic to the competent according to the place of residence of the convicted person,
authority of the socio-legal protection of children or social curator
the competent according to the place of residence of the convicted person, the Directorate-General
The prison service, the regional military command, if convicted
is subject to registration, and for pensioners and persons receiving výsluhový
post or post to the competent authority for the service social
Security. ".
7. In paragraph 6 (1). 2 the term "preventive" is deleted.
8. In section 6 (1). 3 the words "preventive" and "message containing" are deleted.
9. In paragraph 7 (2). 1, after the word "prison" the words ", options
provide or arrange for the necessary health services ".
10. In § 8 para. 1 the term "accept" is replaced by the word "accepts" and
the word "prison", the words "Commission of experts in the composition".
11. In § 8 para. 3, the third sentence shall be deleted.
12. under section 8, the following new section 8a, which including the title reads as follows:
"§ 8a
Demonstrations of sentenced
(1) Conviction shall be presented to the prosecuting authorities in criminal proceedings, other
to the public authorities, which acts in the proceedings take place, which are
touching, defenders, lawyers who represent inmates in other things, and
the experts, as well as to the authorities and persons responsible for carrying out checks and
supervision sentence.
(2) to a lawyer is convicted, if the lawyer establishes permissions to
conversation or to visit, in which the Attorney is empowered to act in the
the criminal case or written measures the Court on the provisions of the lawyer
an advocate of the convicted person. Demonstration of the convicted person for the purpose of the visit or
conversation with an advocate cannot deny.
(3) to the police authority shall demonstrate, on the basis of the person's written
nearest authorized parent application signed the relevant person
for work in the police authority and bears round to the official
the stamp.
(4) when delivering a convicted person to advocate the convicted person
in another case, paragraph 2 shall apply mutatis mutandis. ";"
13. in § 9 para. 1, letter a) is added:
"and at the request of a police authority) approved by the Director of the regional
the Directorate of the police of the Czech Republic or the head of the territorial Department,
the Director of the Department of the police of the Czech Republic within the entire territory of the
The United States, or the head of his Department, the Director of Office services
criminal police and investigation of the Police Presidium of the Czech Republic
or the head of the General inspection of security forces or
another leading member of the staff, in the case of other police authority, ".
14. in § 9 para. 1 (b). (d)), the words "necessary health care" are replaced by
the words "necessary health care services".
15. in section 10, paragraph 1. 1 at the end of the text of subparagraph (a)) of the words "or
to provide the necessary health care services ".
16. in section 10, paragraph 1. 2, after the word "convicted", the words "to the prison
another type ".
17. in paragraph 12, the word "places" is replaced by "classified".
18. in § 13 para. 1 the word "personal" is deleted.
19. in § 13 para. 3 the words "to the Coordinator of care for citizens
socially maladapted citizens "are replaced by the words" towards social curator ".
20. in § 14 para. 1 the term "preventive" be deleted and the words "and papers
personal identity "are replaced by the words", valuables, money, personal
papers and documents ".
21. in article 14, paragraph 3 reads:
"(3) if propouštěný ill, move if necessary
transfer to the care of other providers of health services under the Act
governing the provision of health services. ".
Footnote 1 shall be deleted.
22. in article 15, paragraph 2. 2, after the word "Decides" following the word "attending".
23. in article 16, paragraph 1 shall be deleted and shall be deleted at the same time, paragraph
2.
24. At the end of paragraph 16, the following sentence "If a prisoner is granted
therapeutic nutrition must not be additional diet. ".
25. in section 17(2). 2, the number "2" is replaced by "3" and at the end of the text
paragraph the words "in an amount corresponding to the number of guests
the inmates ".
26. in section 17(2). 3, after the word "beds" is inserted after "boxes".
27. in section 17(2). 4, the words "as appropriate" shall be replaced by the words "in
the necessary quantity. "
28. in § 17 paragraph 5 is added:
"(5) if the accommodation rooms, must be equipped with social
a device that contains a toilet and a sink with running drinking water.
The toilet must be separated from the remaining space of the cell at least
an opaque curtain. Into each cell must be introduced electric
lighting and signalling (call). ".
29. in § 17 paragraph 2. 6, the second sentence is replaced by the phrase "Cela or bedroom
intended for the accommodation of one person should not only have the accommodation area smaller
than 6 sqm. ".
30. in section 18 para. 1 at the end of the text of the first sentence, the words "shall be added; about
the wearing of seasonal outfit components shall be decided by the prison director "and the
the end of the text of the second sentence, the words "shall be added; otherwise,
responsible for the damage caused. "
31. in article 18, the following paragraph 6 is added:
"(6) for the non-business hours for the purpose of wearing a custom clothing and footwear
all the time outside of the stage in the timesheet for July
the treatment programme, implementation of activities specified in § 36 odst. 3-6. ".
32. In section 21 para. 2 the word "once" replaced by the word "twice".
33. In paragraph 21 of the paragraph. 3, after the word "need" the words "as a general rule
Once a month ".
34. section 23, including the title reads as follows:
"article 23 of the
Health care
(1) health services ordered the prison service provides in its
health care facilities and, if necessary, in
cooperation with other providers of health services.
(2) if the State of health of the convicted person requires you to provide urgent
health care and if it is not possible to provide it in a healthcare facility
The prison service, prison service authority must be separate medical
emergency service or emergency medical service.
(3) in the event that the doctor or medical emergency services provider
emergency medical services shall order the transfer in order to provide
outpatient or inpatient care at the nearest medical facility to another
authorized provider of the necessary health services to provide, or to
hospitalization in a medical facility Prison bed care
services, are his instructions on how to perform this procedure, the authorities of the prison
service binding and must be fulfilled without delay.
(4) the rejection of the diet of inmates must be informed without delay by a doctor
that the State of health of the convicted person continuously checks and decides on
How to supervise his health, and State representative who
oversees the performance penalty.
(5) for inmates in acute mental distress is hereby established in the prison crisis
the Department.
(6) the convicted person who, owing to his mental state is threatening each other
or the surrounding area, can be based on the advice of a doctor to place the necessary
for the specific cell that is part of the Emergency Department.
(7) on the basis of the person's own request, the non-smoker places always
separately from the convicted smokers. ".
35. In paragraph 24, insert a new paragraph 1, which reads as follows:
"(1) the convicted person may receive and send correspondence only
via the postal licence holder (hereinafter referred to as "the postal
the authority '). ".
Paragraphs 1 to 8 shall be renumbered as paragraphs 2 to 9.
36. In § 24 para. 4, the word "promptly" be deleted and the word "passes"
the words "the same day, when it was taken from the post office".
37. In § 24 para. 5, the words "2 and 3 ' shall be replaced by" 3 and 4 ".
38. In section 24 paragraph 7 is added:
"(7) the prison Management keeps track of all correspondence as referred to in section 26
paragraph. 1 of the Act and in section 34 para. 1. other correspondence shall be recorded only
in the case that is sent by registered mail; registered mail is notified to the
passes against the signature. ".
39. In § 25 para. 2, the words "based in his personal file"
shall be replaced by the word "maintained".
40. In § 25 para. 4, the word "lawyer" is replaced by "advocate or
a person referred to in section 17 para. 3 or § 61 para. 9 of the Act ".
41. In § 25 paragraph 5 is added:
"(5) all the phone calls of the convicted person are recorded.".
42. In § 26 para. 2 is the number "7" is replaced by "9".
43. In section 26 para. 3, the words "or" be replaced by "Passport, the passport or
another identity card issued by a foreign State, Czech Republic
recognised as valid ".
44. In article 26, paragraph 4 shall be deleted.
The present paragraph 5 shall become paragraph 4.
45. In paragraph 30, the figure ' 100 ' is replaced by "60".
46. In article 31, paragraph 3 reads:
"(3) the basic personal effects can be prisoners referred to in § 16 para.
8 of the Act in the form of vouchers for buying them. "
47. In article 31, the following paragraph 4, including footnote No 3
added:
"(4) purchase of reserved medicaments in ^ 3) and medical devices can be
take place only with the prior written consent of the attending physician
The prison service.
3) Law No. 378/2007 Coll., on pharmaceuticals and on changes of some
related laws (law on medicinal products), as amended
regulations. ".
48. In § 32 paragraph 2 reads as follows:
"(2) the confirmation Issued are recorded.".
49. In § 32 para. 3 is the number "7" is replaced by "9".
50. in § 33 para. 1, after the word "poisons" the words ", food
designed for athletes and for persons at increased physical performance ", the word
"nationality" shall be replaced by the word "national", the words "fascism and
similar to the movement "are replaced by the words" movement seeking to suppress the rights and
freedoms of man "and the words" as well as printed materials or materials containing
description of the production and use of addictive substances, poisons, explosives, weapons, and
ammunition "shall be replaced by the words" printed materials or materials containing description
production and use of poisons, explosives, weapons and ammunition, as well as printed matter
or materials containing a description of the production of addictive substances ".
51. In § 33 para. 2, the word "written" shall be deleted.
52. the footnote No 2:
"2) § 1 (1). 1 of the law No. 21/2006 Coll. on attesting the conformity of a copy or
a copy of the Charter and of verifying the authenticity of the signature and amending certain
laws (law on authentication), as amended. ".
53. In § 34 paragraph 1. 8, the word "usually" be replaced by "not later than", and
After the word "week" with the words "the date on which he was the Director of the prison
the application shall be informed ".
54. In § 35 para. 5 after the word "State", the words "and other
the observed facts "and" teacher "are the words"
a social worker, a chaplain ".
55. In § 36 paragraph 1 reads:
' (1) on the basis of a comprehensive report, the prison chooses the treatment programme, which
for the convicted person considers appropriate. In doing so, has in particular minimize
identified risks should or are related to criminal
activities, where appropriate, may have an impact on crime in the
future. ".
56. In § 36 odst. 4 (b). a), the words "school and vocational training center,"
shall be deleted.
57. In § 36 paragraph 5 is added:
"(5) the Special educational activities program treatment means
social, special pedagogical, psychological and therapeutic action of
led by the staff with the necessary vocational education, focusing in particular on
and) the causes and consequences of committing crimes,
(b)) the risks and criminogenous needs
(c) the personality of the convicted person, or)
d) change attitudes, thinking and behaviour of the convicted person. ".
58. In § 36 odst. 6, the word "various" be deleted.
59. In § 36 odst. 7, the words "menu of alternatives" shall be replaced by
"implementation".
60. under section 36 shall be inserted a new section 36a, which reads as follows:
"§ 36a
(1) a prisoner with low risks down the program minimum
the treatment, in which the emphasis is on things to work and leisure.
The minimum treatment program is characterized by less professional
the intervention.
(2) a prisoner with medium and high risks to the programme
standard treatment, in which the emphasis is on things to work and
educational. The standard treatment program is characterized by medium
degree of professional intervention and activities generally targeted.
(3) a prisoner with high to very high risks to the programme
special treatment, in which the emphasis is on things to do specially
the educational and educational. A special treatment program is characterized by the
a greater degree of professional intervention and activities specifically educational.
(4) a prisoner, which is, due to the length of the sentence or the need of assistance
When creating conditions favourable to the self-sufficient way of life in
accordance with the law, to be prepared for life after release from the performance of
imprisonment shall be the program output handling.
(5) a regular part of the treatment programme are according to the possibilities and offers
the prison's special interests and leisure activities.
(6) the activities referred to in § 36 odst. 3 to 6 can be combined so as to
treatment programme has been drawn up in the individualizovaně. If
There are multiple variants of the treatment programme, which are ultimately
equivalent, will allow convicted selecting specific variants. The adoption of the
the treatment programme, in respect of the person's signature. ".
61. section 37 and 38:
"§ 37
Refusing to sign the condemnation of the adoption of the programme of treatment
included in the program of basic incentive treatment, which puts
emphasis on compliance with the order and security and work activities
corresponding to the State of health of the convicted person. The incentive program is
characterized by individual degree of professional intervention to motivate
the convicted person to change attitudes and behavior.
§ 38
(1) the success of the implementation of the programme of the convicted person in the area of treatment objectives,
individual activities, good order and discipline are evaluated as a rule one
and) per month in a prison for young people,
(b)) for two months in prison with supervision and surveillance and in the output
departments of prisons with security and with increased security,
(c)) in three months in the prison with security,
(d)) in six months in the prison with increased security.
(2) the convicted person is shown to be acquainted with the results of the evaluation
the imprisonment unit staff (Department of detention and imprisonment).
(3) when evaluating the treatment programme updates in accordance with the degree of
and the success of its implementation. Condemned the program update
the treatment involved. Updates of the treatment programme is also changing variants
treatment programme. ".
62. In § 39 para. 1 the words "fundamental basis for the proposal for the reclassification of
the convicted person to a prison of another type "shall be replaced by the words" part of the
a comprehensive evaluation of the fulfilment of the purpose of the enforcement of the sentence ".
63. In section 39 paragraph 2 reads as follows:
"(2) the proposal for the reclassification of the convicted person to a prison of another type is
processes on the basis of a comprehensive evaluation of the fulfilment of the purpose of the performance
the punishment. The Court shall submit a proposal to the Director of the prison as a rule, on the basis of
the recommendations of the professional staff. ".
64. In § 39 para. 3 the words "reviews of the treatment programme" shall be replaced by
the words "a comprehensive assessment of the fulfilment of the purpose of the enforcement of the sentence".
65. In § 39 para. 4, the words "with the prisoners are treated in a manner
proposed in the comprehensive report and "are deleted.
66. In § 39 para. 4 letter a) is added:
"a convicted person refuses to accept) or do not meet treatment programme for
at least three consecutive assessment periods, or ".
67. In § 39 para. 5, the words "choice and the way of the fulfilment of the goals" are replaced by
the word "performance" and the word "generally" is deleted.
68. In § 39 para. 7, the words "with unclear and fluctuating attitude and
access to the treatment programme and its obligations "shall be replaced by",
who carries out the treatment programme partly and mainly they behave and act in the
accordance with the internal regulations; This group is intended as a rule as the input
for prisoners of the emerging performance penalty ".
69. In § 39 para. 8 letter a) is added:
"and refuse to accept or fulfil) treatment programme,".
70. in § 39 para. 10, the words "(§ 38 paragraph 1(a). 1, 2) "are deleted.
71. In paragraph 40, at the end of the text of paragraph 2, the words "and seek to
minimizing the risks that had or have a link with the criminal
activities, or may have an impact on crime in the future. ".
72. In paragraph 41, at the end of the text of paragraph 1, the words "and with the
taking into account the expertise of the convicted person, the prohibition to the person
certain activities, or the impact of a policy or security in the
the prison ".
73. In § 41 para. 2 (b)):
"(b)) that is the beneficiary of an invalidity pension for disability of the third
the degree ".
74. In § 41 para. 3, the words "will not allow the leisure activities including monitoring
television and radio broadcasting "is replaced by" lets just
activities to minimize the risks that had or have
the association with crime, or may have an impact on the Commission of
crime in the future. "
75. In paragraph 44, at the end of paragraph 1, the following sentence "prior to enrollment
work, or during the inclusion in the work, if it is justified, the
the convicted shall be subjected to examination in labour relations; for the performance of the work can be
the convicted included, if it is to work to be eligible or is disabled
the disabled eligible subject. ".
76. In § 44 para. 4, the words "continuous surveillance" shall be replaced by the word "supervision".
77. In § 46 para. 1 in the second and third sentence, the words ", a vocational school and
vocational school "are deleted.
78. In article 46 at the end of paragraph 1, the following sentence "the convicted person must be
education in a specific educational program, the disabled eligible. ".
79. In article 47, paragraph 3 reads:
"(3) the inspection carried out in the interest of ensuring the internal order and the
security in the prison, refers in particular to a tour of the personal, technical
or inspection of the goods and baggage. "
80. In article 48, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph
1.
81. In § 49 paragraph 1. 1, the first sentence is replaced by the phrase "in the prison with supervision
and the prison with supervision, with the exception of the Department established in prisons for
the juvenile prison, prisons, jails guarded (section 8
paragraph. 3 of the Act) or in prisons are not used special
building the technical means or armed guards to prevent escape
the convicts. ".
82. In § 50 para. 1, the number "4" is replaced by "5".
83. In paragraph 50, the text at the end of paragraph 2 the following sentence "the reasons for the longer
for locking are listed in the internal regulations of the prison. ".
84. In § 51 para. 1, after the word "in" is inserted after the word "intended".
85. In § 53 para. 6, the word "located" is replaced by "classified".
86. In paragraph 56, the words "disciplinary" and "disciplinary" are deleted.
87. In § 57 para. 1, in the first sentence and the second word "disciplinary" is deleted.
88. In § 62 para. 4, the number "1 000" is replaced by "5000".
89. In paragraph 63, at the end of paragraph 1, the following sentence "in a closed Department
It is not allowed to carry a battery-operated radio. ".
90. in § 63 para. 3, the second sentence shall be deleted.
91. In section 66 paragraph 1. 1 the words "and after a period of temporary incapacity for work
the convicted person, unless the doctor otherwise "are replaced by the words" or where the
so on the basis of the health status of the doctor ".
92. In paragraph 84 of paragraph 1. 4 letter a) is added:
"and refuse to accept or fulfil) treatment programme,".
93. In paragraph 87, the words "educational establishments" shall be replaced by the words "school
facilities for institutional or protective care. "
94. Under section 91, paragraph 3 reads:
"(3) the health care your child that the mother takes in the prison, ensures
The prison service generally on the basis of a contract with the provider
authorized to provide health services in the field of practical medicine
for children and adolescents or in the field of paediatrics.
95. In section 91, paragraph 6 shall be deleted.
Paragraphs 7 to 10 shall be renumbered as paragraphs 6 to 9.
96. In section 91 paragraph 2. 8, the words "child's doctor" shall be replaced by "doctor
providers of health services referred to in paragraph 3 ".
97. In section 93 para. 2 letter e) is added:
"e) according to the indications of a physician provides or arranges hospital
rehabilitation care ".
98. section 95 shall be repealed.
99. In paragraph 96, paragraphs 1 and 2 shall be deleted and shall be deleted at the same time marking
to paragraph 3.
100. In § 99 paragraph 1 reads:
"(1) protective treatment in constitutional form, to be enforced during the performance
the sentence shall be carried out in the form of day care in health facilities
The prison service, if the provision of health services in the form of
day care, the prison service won permission. ".
101. In paragraph 100, paragraph 1 reads:
"(1) protective treatment in ambulatory form, to be enforced during the
enforcement of the sentence,
and) ordered the prison service provides in its prison service
health-care facilities, if the provision of health services in the
the field was empowered,
(b)) ordered another provider of health services provides Prison
service with that provider, if it was with a protective treatment started
before the advent of the imprisonment and it is from a professional point of view
with regard to the type of protective treatment or with a view to maintaining so far
the treatment effect reasonably achieved. ".
102. In the second, the head of the ninth added the head of the tenth, which
including the title reads as follows:
"THE HEAD OF THE TENTH
THE SENTENCE VERY DANGEROUS INMATES
section 100a
(1) the convicted person is not very dangerous to enhanced
construction and technical security in particular for its escorts or
hospitalization in a medical facility of the prison service, or in the case of
the person that it is obvious that does not compromise the safety of other persons.
(2) in very dangerous convict is the content of the treatment programme according to
section 41 of the Act to achieve the postojových of change, the pursuit of their
successful adaptation to the prison and the difficulties that have been
the cause of his location to the enhanced technical construction
security, and property in the ordinary ward. For this person
are used by such forms and methods of treatment, which, together with the
lifestyle changes and preventive measures reduce unwanted behaviours
This convicted leading to undermining the purpose of the enforcement of the sentence.
(3) the main content of a complex action on high-risk
the convicted person is his active involvement in at least one specially
educational activity. It is for that person to be binding. The rate and quality of
active involvement is one of the essential criteria for the
decommissioning of high-risk convicted of enhanced
construction and technical security. ".
Article. (II)
The effectiveness of the
This Decree shall take effect on the first day of the first calendar month
following that of its publication.
Minister:
Prof. JUDr. Válková, CSc., r.
