pruh+znak_PF_13_gray5+fialovy_RGB PF_PPT_en Zápatí prezentace The Czech Prison System MCj03910340000[1] www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 2 Legal Regulation of prison sentence nAct No. 169/1999 Coll., Prison Act, as amended amended. n nAct No. 40/2009 Coll., Criminal Code, as amended n nAct No 141/1961 Coll., Code of Criminal Procedure, as amended n n Prison Rules (an act of Minister of Justice). n n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 An unconditional sentence of imprisonment nA maximum term of imprisonment as a regular penalty shall be twenty years. nA uniform minimum term is not provided. n nExceptional Punishment - a sentence of imprisonment of twenty up to thirty years and life imprisonment. n nThe term of imprisonment shall be served in prisons in accordance with another Act – Prison Act No. 169/1999 Coll. n Zápatí prezentace 3 www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Principles of punishment nNo one may be subjected to torture or to cruel, inhuman, or degrading treatment or punishment (Article 7/2 of the Charter of Fundamental Rights and Freedoms) n nCruel and disproportionate criminal sanctions may not be imposed. The serving of a criminal sanction must not undermine human dignity (Section 37/2 of the Penal Code) n Zápatí prezentace 4 www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 5 Czech Prison System nThe prison system = a system of State institutions. n nThe Prison Service of the Czech Republic as a department of Ministery of Justice administers the prison system. n nThe Minister of Justice manages the Prison Service through a Director General, who is responsible to him for the operation of the Prison Service. n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 6 The Prison Service nis structured into Prison Guard, Judicial Guard and Administration Service. nThe Prison Guard guards, transports and escorts detainees and convicts, guard detention houses, prisons and local prisons and maintain peace in these facilities. nThe Judicial Guard maintan peace, security and safety in buildings of the Ministry of Justice, courts and Public Prosecutor´s Office. nThe Administration Service makes decisions within the framework of administrative procedures according to special regulations and provides organisational, economic, educational and other similar activities. The Medical Service is a part of the Administration Service. n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 7 Types of Prison – untill September,30 nopen prison nprison under supervison nprison especially guarded ntop security prison n n n ndistinguished according to the method n of external guarding and security. n nspecial prison designed for juveniles MCj02875000000[1] www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Types of Prisons – since October, 1, 2017 nTwo types of prison nprison with guarding n- dpt with low level of security n- dpt with medium level of security n- dpt with high level of security ntop security prison nspecial prison designed for juveniles. nThe court shall specify the type of prison. nThe director of the prison shall specify the dpt. in the prison with guarding according to measure of risk. n Zápatí prezentace 8 www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 9 Rights of convicts nBasic social rights include regulary meal, bed and place for personal things, eight hours a day for sleeping, time for personal ablution and cleaning, at least one hour for walking, adequate spare time and medical treatment, clothes suitable for the weather conditions and sufficient to protect their health. nVisits, correspondence, using the phone and spiritual and social services are also granted. nThe convicts can read books, newspapers, magazines, they can play games etc. They are entitled to order daily newspapers, magazines and books at their own expense and may borrow various publications including legal regulation. They also have the right to buy food and personal articles in the prison shop. Each prisoner has the right to receive a parcel containing food and personal articles weighing up to 5 kg, usually for his birthday and Christmas. n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 10 Duties of convicts nthe convicts have to keep order and discipline n nFor example, it is prohibited to drink alkohol and use drugs, to gamble, to tatoo oneself or the others etc. n nPrisoners are obliged to work if prison have work for them to do. n n n n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Purpose of the prison sentence nis not only to isolate convicted offenders, but especially an intense effort to reform the offender and his/her future reintegration into a society of people acting in accordance with the law. Zápatí prezentace 11 www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Programmes of treatment nWorking activities: prisoners work either in prison`s workshops or manufacturing centres, or in companies outside. nEducational activities: full–time study in prison`s schools, distance learning, correspondence course, requalification. nSpecial educational acitivities: psychotherapy, artetherapy, social treaning, socially - legal counselling. nActivities of interests: hobbies, amateurs clubs nExtramural activities: preparation for release n n Zápatí prezentace 12 www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 13 Conditional Release/Parole nthe court may release a prisoner on parole if he has served one-half of the term of imprisonment or one-third of the term of imprisonment (no particulary serious crime, no previous conviciton to a prison sentence) nIn cases of offence earlier npersons who are sentenced for serious crimes, the list of which is given in CC + who are sentenced to an exceptional term of imprisonment of between 20 and 25 years after twothird of their sentence nlife convicts after at least 20 years www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Conditional Release/Parole nprobationary period up to three years (offence) and between 1 to 7 years (crime) nsupervision can be ordered and restrictions or duties can be imposed nobligation to stay home during time defined in the judgment can or n obligation to perform work for the public benefit or nobligation to pay some money for public benefit can be also imposed n n n n n n n Zápatí prezentace 14 www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Change into house arrest nthe court may change the prison senctence into house arrest if the convict has served one-half of the term of imprisonment which was imposed for offence n Zápatí prezentace 15 www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 16 Joint Execution of Imprisonment nof mothers together with their children n nup to 3 years of age (exceptionally up to 5 years) n nnot in top security prison n nspecial department since 2004 n n n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 17 Thank you for your attention. >