Act No. 208 / 2000 Coll.
Act amending Act No. 293 / 1993 Coll., on the Enforcement of Bonds
Valid
Law
Effective from 01.01.2001
Text versions:
01.01.2001
21.07.2000
208
THE LAW
of 21 June 2000
amending Act No. 293 / 1993 Coll., on the Enforcement of Bonds
Parliament has decided on this law of the Czech Republic:
Act No 293 / 1993 Coll., on the enforcement of the custody, is amended as follows:
1. In Section 1, the words "(hereinafter referred to as" staff ") 'and the words" (hereinafter referred to as "the Prison Service")' shall be inserted after the words "and other persons'.
2. In Article 2, at the end of the sentence, the second dot is deleted and the words "and safety are added."
3. footnote 1 shall read:
"(1) Sections 67, 350c and 381 of Act No. 141 / 1961 Coll., Criminal Code, as amended."
4. In Article 3 (2), the second sentence is added: "The use of these restrictions and enforcement measures shall be notified by the Prison Service without undue delay to the public prosecutor of the Regional Prosecutor, who shall supervise compliance with the legislation in the exercise of custody. '.
5. In Article 3, the following paragraph 3 is added:
"(3) In order to ensure the exercise of the rights of the accused, the Prison Service shall cooperate with other state bodies, local authorities and other bodies as specified in the specific legislation. ';
6. In Article 7 (1) (c), the words "and, at the same time, even if only one of them is the reason for the concern that it will thwart clarification of the facts relevant to criminal prosecutions (3) 'are deleted.
7. footnote 3 shall read:
"3) Paragraph 67 (1) (b) of Act No. 141 / 1961 Coll., as amended."
8. in Article 7 (1), point (g) is deleted;
Point (h) shall be renumbered as point (g).
9. In Article 7, the following paragraph 2 is inserted after paragraph 1:
"(2) The defendant who so requests shall be placed in a cell intended exclusively for either smokers or non-smokers."
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
10. Paragraph 9 (2) is deleted and paragraph 1 is deleted.
11.
Release of the accused
Prisons shall immediately release the accused of the execution of the detention where they have received:
(a) a written order to release the defendant, issued by the court following his decision,
(b) a written order to release the defendant, issued by the State's Attorney on the basis of his decisions in cases provided for by a special law, 4)
(c) a written order from the State Prosecutor to release the defendant, issued in the course of the supervision of compliance with the law in the exercise of custody;
(d) a written order to release the defendant on the basis of a decision taken by the President of the Republic or by the Minister of Justice in a pardon procedure;
(e) a written order for the defendant to be released on the basis of a decision of the Minister of Justice in exceptional appeals or extradition proceedings.
4) § 72 paragraphs 1 and 2 of Act No. 141 / 1961 Coll., as amended. '
12.
Meal of the accused
The prison shall provide the accused with a regular diet under conditions and values which correspond to the maintenance of health and take account of their health and age; taking into account the requirements of the cultural and religious traditions of the accused. ';
13. in Paragraph 12 (1):
"(1) The defendant shall have the right to use his own clothing, linen and footwear in the exercise of his or her duties, provided that they satisfy the conditions of hygiene and aesthetic safety and that he / she has ensured their replacement at his / her own expense. '
14. In the second sentence of Article 13 (2), the words "within 14 days of receipt 'shall be inserted after the words" implemented'.
15. Paragraph 13 (3), including footnote 4a, reads:
"(3) Correspondence checks shall be inadmissible between the defendant and his lawyer, between the accused and the national authorities of the Czech Republic or the diplomatic mission or consular authority of the foreign state (4a), or between the defendant and the international organisation which is competent under the international convention to which the Czech Republic is bound to discuss initiatives relating to the protection of human rights. Such correspondence shall be sent and served without delay to the addressee.
4a) Decree No. 157 / 1964 Coll., on the Vienna Convention on Diplomatic Relations. Decree No. 32 / 1969 Coll., on the Vienna Convention on Consular Relations. '
16. Paragraph 14, including the title, reads:
Visits of the accused
(1) The defendant has the right to receive a visit of no more than 4 persons every 2 weeks for a period of one hour. In justified cases, the warden may authorise a visit to a greater number of persons or for a period of less than 2 weeks, or for a period of more than one hour.
(2) In the case of accused persons who are concerned about obstructing the clarification of the facts relevant to criminal proceedings, (3) without undue delay, the conditions for carrying out a visit, in particular the date of the visit, the circle of persons and the presence of an authority in criminal proceedings, in the preparatory proceedings of the prosecutor, shall be laid down in the court proceedings by the competent judge.
(3) Visits are carried out in rooms designated for this purpose in the presence of the Prison Service and, where appropriate, of the law enforcement authority.
(4) If the conditions laid down in paragraph 2 are not met, the Prison Service shall not allow the visit and shall record this in the personal file of the defendant.
(5) An employee of the Prison Service is entitled to suspend or terminate the visit prematurely if the accused or visitors, through alerts, violate internal order or threaten security in the prison; the same authorisations shall be granted, subject to the conditions laid down in paragraph 2, to the presence of a law enforcement authority if, during the course of the visit, it finds that there is or is to be a obstruction of the clarification of facts relevant to criminal prosecution.
(6) The defendant has the right to receive an attorney's visit to the prison unrestricted. The restrictions referred to in the preceding paragraphs shall not apply to the visits of the lawyer.
(7) The defendant shall have the right to receive visits to a lawyer representing him in another case in prison, unless otherwise provided by the law enforcement authority, unless the defendant is in custody on the grounds of Paragraph 67 (1) (b) of the criminal Code. If the defendant's signature needs to be verified, the notary may also attend such a visit. The restrictions referred to in paragraphs 1, 2 and 3 shall not apply to such visits. ';
17. In Paragraph 15, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Specific legislation shall lay down the terms and conditions for cooperation of the prison with registered churches and religious societies to ensure the spiritual service and for cooperation of the prison with the competent social security authorities to ensure social services. ';
18.Paragraph 16 (2) reads as follows:
"(2) The defendant has the right to accept a package of food and personal goods up to a weight of 5 kg once every 3 months. The restriction shall not apply to packages containing clothes to be exchanged, books, newspapers and magazines and sanitary supplies. ';
19. In the last sentence of Article 16 (3), the words "at his expense 'are replaced by the words" at the defendant's cost'.
20. In Paragraph 17, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The actual portable radio and television, when supplied from its own source, shall be allowed to use the defendant after checking the technical parameters to determine whether undesirable equipment has been installed. The inspection shall be carried out at the expense of the defendant by the administration of the prison. ';
21. in Article 20, the following paragraph 3 is added:
"(3) Prisoners' staff shall be required to ensure that the rights which the accusations have in custody are respected. '
22. In Paragraph 21, at the end of paragraph 2, the words "tattoo yourself or another person, or be tattooed 'shall be added.
23. In Article 21, the following paragraph 4 is inserted after paragraph 3:
"(4) The defendant is also obliged
(a) to allow Prison Service employees to check their personal belongings,
(b) suffer any action relating to his identification;
(c) if he is ill, injured or injured, notify the staff of the Prison Service without delay;
(d) notify the staff of the Prison Service without delay of circumstances which may cause a serious threat to the security of the prisoner himself, the co-defendant or the prison, if he becomes aware of them or finds them;
(e) subject to the measures necessary to prevent the possible manufacture, possession or abuse of narcotic drugs and psychotropic substances and poisons in prison;
(f) respect the principles of hygiene;
(g) to cover the costs of health care carried out in order to maintain or improve his health status beyond those covered by public health insurance or from the state budget beyond the international agreements by which the Czech Republic is bound. "
Paragraph 4 shall become paragraph 5.
24. in Article 22 (2), the following point (a) is inserted:
"(a) reprimand,"
Points (a) to (d) shall be renumbered (b) to (e).
25. in Article 22 (2) (c):
"(c) a prohibition on the purchase of food and personal goods (except sanitary supplies) for up to one month;"
26. in Paragraph 22 (7):
"(7) Self-employment means the placing of the defendant in a special cell. In order to impose this disciplinary penalty, a prior assessment by the doctor is necessary that the defendant is medically fit to submit to his execution. During the period of placement in solitary confinement, the defendant may not receive visits, except for the lawyer and the lawyer representing the defendant in another case, not having the right to receive the package, to purchase food and personal goods (except for sanitary needs), not being allowed to read magazines and books (except for legal, educational or religious literature), as well as playing social games and using his own portable radio and television. However, the defendant may accept and send correspondence and be allowed to read the daily press. The period of enforcement of the disciplinary penalty for placing in solitary confinement shall not be counted against the period applicable to the entitlement to receive a visit. ';
27. The following Sections 23a and 23b are inserted after Section 23:
Extermination of disciplinary punishment
(1) If, after carrying out a disciplinary sentence for at least 6 weeks, the defendant properly fulfils his duties (§ 21), the warden or the prison authority in charge of the prison may decide to exterminate the disciplinary sentence.
(2) By announcing the decision to exterminate the disciplinary sentence, the defendant is looked upon as if the disciplinary sentence had not been imposed on him.
Dispute settlement of other anti-social actions
(1) The imposition of disciplinary penalties shall also deal with acts which have the characteristics of offences when committed during the execution of the detention.
(2) The imposition of disciplinary action on the defendant shall not preclude his prosecution if the offence is a criminal offence. '
28. In Paragraph 26 (3), the words "withdrawal of the right to accept the package and 'are deleted.
29. In Paragraph 26, the following sentence is added at the end of paragraph 5: "The period of enforcement of the disciplinary sentence of placing in solitary confinement shall be counted against the period applicable to the entitlement to receive a visit."
30. In Article 26, paragraphs 6 and 7 are added:
"(6) During the course of the custody, the prison is obliged to offer the minor a participation in preventive education, education, interest and sports programmes.
(7) A young person has the right to receive a package of food and personal goods up to a weight of 5 kg once every 2 months. "
31. after Paragraph 26, the following Section 26a is inserted:
Ensuring the performance of protective or constitutional education
(1) If a minor has been ordered to receive protective education and if his performance is ensured, he shall, after release from custody, deliver the juvenile prison service to the appropriate educational establishment.
(2) If a minor has been ordered to be brought up in a constitutional capacity and if his performance is ensured, the Prison Service shall inform the juvenile of the detention of the appropriate educational establishment. ';
32. in Paragraph 28 (2):
"(2) The alien shall learn the right to receive consular visits from representatives of the authorities referred to in paragraph 1. This visit shall not be subject to the restrictions set out in Paragraph 14 (1), (2) and (3). '
33. Paragraph 29, including the title, reads:
Supervision of binding performance
(1) Supervision of compliance with the law in the exercise of custody is carried out by an authorised prosecutor of the Regional Prosecutor's Office in whose district the detention is carried out.
(2) In the exercise of supervision, the prosecutor shall be entitled to:
(a) visit the places where the execution of the detention is carried out at any time;
(b) to consult the documents under which the charges are held, to talk to the accused without third parties;
(c) examine whether the orders and decisions of the Prison Service in respect of the exercise of custody comply with the laws and other legislation;
(d) request from prison staff the necessary explanations, the submission of files, documents, orders and decisions concerning the exercise of custody;
(e) issue orders to observe the rules applicable to the exercise of the detention;
(f) order that a person who is in custody in breach of or without the competent decision of the criminal authority be released immediately.
(3) The prison service is required to carry out the orders of the prosecutor in accordance with the preceding paragraph without delay.
(4) The provisions on supervision shall be without prejudice to the obligation of the Prison Service to carry out its own control activities and the powers of the Minister or, where appropriate, the authorities or persons empowered by him to do so, as laid down by a special law. ';
This Law shall take effect on 1 January 2001.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 208 / 2000 Coll., amending Act No. 293 / 1993 Coll., on the Enforcement of Bonds |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.07.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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