301/Sb.



LAW



of 6 May 1999. September 2011



amending Act No. 218/2003 Coll., on liability for youth

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

laws (the law on the judicial system in matters of youth), as amended

the laws of the



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 218/2003 Coll., on juvenile liability for unlawful acts and the

the judicial system in matters of youth and on amendments to certain acts (the Act on

the judicial system in matters of youth), as amended by law no 383/2005 Coll., Act

No 253/2006 Coll., Act No. 345/2007 Coll., Act No. 129/2008 Coll., Act

No 41/2009 Coll. and Act No. 181/2010 Coll., shall be amended as follows:



1. In paragraph 93, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter g) is added:



"g) protective treatment.".



2. In section 93 shall be inserted after paragraph 3 of the new paragraphs 4 and 5 are added:



"(4) the Court may order a protective treatment for youth child younger

fifteen years, based on the results of the previous examination of the intellectual

the State of the child (section 58), if committed an act otherwise criminal



and in a State of induced mental) disorder, or



(b)) under the influence of drugs or in connection with the abuse,

in the case of a child who enjoys the abuse of such substances,

and his stay at liberty without the imposition of protective treatment is dangerous.



(5) according to the nature of the disease and treatment options Court stores

protective treatment inpatient or outpatient. The Constitutional Court may for healing

Youth change retrospectively on outpatient treatment, and vice versa. Protective treatment

It will take as long as it requires its purpose. The youth court at least once a

twelve months shall examine whether the grounds for further continuation of the protection

Healing continues, otherwise it is cancelled. ".



Paragraphs 4 to 9, shall be renumbered 6 to 11.



3. In section 93 para. 8 at the end of the text of the second sentence, the words ", with the

the exception of the protective treatment that can save and carry on even after the completion of the

eighteen years of age ".



4. In section 93 para. 11 the second sentence, after the words "about the abandonment of the store

the measures ", the words" change imposed measures. "



5. under section 95 shall be added to § 95a, which including the title reads as follows:



"§ 95a



The performance of the protective treatment



(1) the performance of the protective treatment of court for youth healthcare

the device, in which the protective treatment done. Performance regulation

the protective treatment of youth court for the purposes of medical equipment

Appends a copy of the expert's report, the Protocol on the questioning of an expert or a copy of the

medical reports about the health of a child under 15 years of age, if the

in the course of the proceedings have been provided with. If a child which has been saved

institutional protective treatment, while at large dangerous for their

around, the Court shall arrange for its delivery to, without delay, to the youth of the medical

equipment; otherwise, prompts through his parents or other

the legal representative or the person to whom the custody or

other similar care to the onset of the protective treatment within a reasonable time,

also provides. If a child does stored in protective treatment

the prescribed time limit, the Court may, for the youth in the constitutional protection treatment

to order his delivery in the health care facility or in ambulatory

the protective treatment requires its presentation in conjunction with the competent

by State authorities.



(2) the Court shall request the medical equipment, announced to him, when

It was with the performance of the protective healing started. At the same time asks the medical

the device that the Court has made a forthwith a report, if

the reasons for the continuation of the protection or treatment

the reasons for his change. If the protective treatment done to

one year after its commencement, it was decided on its cancellation, it shall

medical devices for at least two months before the expiry of a period of one

year from the beginning of the performance of the protective treatment or from a prior decision

on its continuation proposal for its continuation. In the proposal on the

release from protective treatment, in its amendment or repeal or

the proposal for its further continuation of medical equipment will describe the progress and

the results of the protective healing and give the reasons for the proposed route. About

It should be a medical facility.



(3) on how to change the performance of the protective treatment by the Court for youth

on the proposal of the medical device, the Prosecutor, of the child, on which the

protective treatment, shall be exercised by the legal representative of the child, the competent authority

the socio-legal protection of children, or even without such a proposal.



(4) the Court for youth on the basis of the requested reports tracks performance

the protective treatment and at least once every 12 months from the beginning of his

performance or from a prior decision on its continuation will examine whether

the reasons for the continuation of the problem. Its further continuation

the protective treatment or stored the protective healing decides

Youth Court on a proposal from the health care facility, public prosecutor,

the child, in which it is carried out protective treatment, legal guardian of the child,

the competent authority of the socio-legal protection of children, or even without such

the design. ".



Article. (II)



The effectiveness of the



This Act shall take effect on the first day of the first calendar month

following the date of its publication.



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