Print Code Governing the Execution of Pre-trial Detention
Adopted21st April 1994
By-law No 109/1994 of the Ministry of Justice
The Ministry of Justice hereby stipulates the manner of execution of pre-trial detention according to § 31 of Act No 293/1993 Coll. (hereinafter "Act"):
PART ONE
GENERAL PART
CHAPTER ONE
BASIC PROVISIONS
§ 1
(1) Where this by-law defines the scope of operation and tasks of a staff member of the Prison Service of theCzechRepublic(hereinafter "the Prison Service"), it shall refer to a uniformed or civilian staff member of the prison service, unless the individual provisions indicate that the staff member in question is a uniformed staff member.
(2) For the purposes of this by-law, an authorized person entrusted with clerical activities (hereinafter "authorized person") shall be deemed to mean a qualified and approved cleric who is authorized to provide clerical services to the accused, and who is duly authorized to provide clerical services by the relevant authority of the given church or religious community, and whose authorization was approved by the governor of the prison facility in question.
§ 2
(1) For the purposes of this by-law, unless stipulated otherwise herein, a social worker authorized to provide social services to the accused shall be deemed to mean a curator for the youth or a social curator of the district (municipal) office or a social prevention centre who is authorized to provide social services to the accused by the head of the relevant authority or centre, and whose authorization was approved by the governor of the prison facility in question.
(2) The relevant authority acting in criminal proceedings in the preparatory proceedings from the moment of indictment of the accused to the arraignment shall be deemed to mean the prosecutor, investigator of the Police of the Czech Republic (hereinafter "the Police"), or any other police authority, and in the proceedings before court, the chairman of the senate or judge who decides on the arraignment. Where this by-law talks about the accused, it shall be deemed to mean also the defendant.
§ 3
(1) The manner in which rights and duties are to be exercised in individual remand prisons or in special departments in prisons (hereinafter "prisons") shall be determined by the prison governor the internal code of the prison in question (hereinafter "internal code"), which governs the operation of the prison and activities of the accused in accordance with the law and this by-law.
(2) The internal code shall address in detail the rights and duties of the accused, daily order in the prison, particularly the schedule detailing walks, bathing, shopping, lending of books and games, provision of diagnostic and therapeutic care, and satisfaction of further requirements of the accused, so as to provide to the accused a comprehensive overview of information on the manner of exercise of their rights, and on their duties. The internal code shall also provide for different execution of pre-trial detention with respect to special groups of the accused in accordance with the law and this by-law.
(3) The internal code shall hang in individual cells or other areas commonly accessible to the accused.
§ 4
If examination of the state of mind of the accused in pre-trial detention is ordered by one of the authorities listed in § 116, paragraph 2 of the Penal Code, such examination shall be carried out in a specialized section of the prison. If it is not possible to carry out such examination in the prison, it shall be carried out in a health care facility outside the prison. The administration of the nearest prison facility shall take care of surveillance of the accused in such case.
CHAPTER TWO
ADMISSION AND PLACEMENT OF THE ACCUSED
§ 5
(1) The written order of admission of the accused in custody must contain data required for the decision on placement of the accused (stating particularly the reason behind pre-trial detention, by quoting the relevant part of the provisions of § 67 or 381 of the Penal Code, and the measures, if any, concerning checking of correspondence and visitation rights), birth number and citizenship of the accused, data on the accused against whom joint criminal proceedings are being conducted or whose criminal affairs are connected, including the reason for their pre-trial detention. The order issued in preparatory proceedings must further detail the prosecutor's office and investigators acting in the preparatory proceedings, as well as reference numbers under which files are kept at the bodies in question. In the event that the above data is not contained in the order, the prison facility shall request it from the relevant court without delay.
(2) If a copy of written record of the decision on taking the accused in custody is not sent to the prison together with the order of admission of the accused in custody, it shall be attached to the order as soon as it is delivered.
(3) The signature of the judge and the round official seal must be affixed to both the decision on taking the accused in custody and the written order of admission. If any of these documents is sent by fax, its authenticity and correctness shall be verified later and the verification marked thereon.
§ 6
(1) Upon admission into prison, the identity of the accused shall be checked using all documents available, so as not to mistake somebody else for him/her. If the accused does not have any document proving his/her identity on him/her, the prison administration shall request that the police body which brought the accused to the prison establish his/her identity without delay and communicate its findings thereto.
(2) If the identity of the accused is marked in the documents by the relevant court bodies or the police body, he/she may be admitted into prison even without identification credentials.
§ 7
(1) Upon admission into the prison, the accused and the things he/she carries shall be searched. The search shall be conducted in the prison still in the presence of the police body which brought him/her thereto.
(2) The body search, as well as the surveillance during the search, shall be conducted by persons of the same sex.
§ 8
(1) Upon his/her admission into the prison, the accused shall be instructed about all his/her rights and duties he/she has during the execution of pre-trial detention. A record of the instruction shall be drawn up and signed by the accused.
(2) Upon admission of the accused into prison, the necessary hygienic andantiepidemicmeasures shall be carried out.
(3) Changes to the appearance of the accused (hair and beard) can be made only with consent of the accused, provided that the bodies acting in criminal proceedings have not requested that the appearance of the accused be maintained unchanged for the purposes of criminal prosecution.
(4) The prison administration shall receive any thing the accused brings with him/her for safekeeping, if the accused requests so, or if the accused must not keep the thing in question in his/her cell.
(5) The accused shall undergo a preventive entrance medical examination after his/her admission into the prison.
Placement in Cells
§ 9
(1) Under conditions set out in § 7 of the Act,
a)anyaccused suspected of having an infectious diseases shall be placed in isolation cells or cells in the respective health care facility of the Prison Service,
b)anysick accused shall be placed in special cells built for this purpose,
c)anyaccused with a markedly low weight, or any accused on an obviously low mental level, or any accused where a doctor or psychologist recommended so shall be placed in cells under increased surveillance by the staff of the Prison Service.
(2) An accused may be placed in a special cell before the necessary hygienic andantiepidemicmeasures are carried out, if his/her state upon admission into the prison requires so.
(3) An accused non-smoker shall be placed separately from accused smokers at his own request, where possible.
§ 10
(1) Any accused who behaves aggressively in pre-trial detention, or who constantly violates the code governing the execution of pre-trial detention or the internal code, may be placed in a cell with damage-proof furnishings and equipment.
(2) The accused placed into reinforced cells shall typically be an accused listed in § 7, paragraph 1 d) of the Act, an accused who escaped from pre-trial detention or execution of incarceration in the last five years, or an accused who have been indicted on criminal offence committed during the execution of pre-trial detention according to the penal code.
§ 11
(1) A crisis section shall be established for accused experiencing an acute psychological crisis.
(2) An accused who is a threat to himself or his surroundings due to his/her mental state may be placed in a special cell within the crisis section for the necessary period of time.
§ 12
(1) The prison governor or a staff member authorized thereby shall decide in which cell the accused shall be placed.
(2) Any placement of the accused in a different cell must be precisely recorded in the registration books of the prison administration, with the reason thereof included.
§ 13
Execution of open-type pre-trial detention
(1) The accused placed in a section for the execution of open-type detention based on a proposal by the relevant commission shall typically be an accused whose behaviour guarantees that his/her free movement within the allocated space inside the section, as well as his/her contact with the other accused shall not disturb the purpose of pre-trial detention, and the internal code.
(2) The accused shall be brought before the respective investigator or police body on the basis of a request signed by the head of the respective investigation unit of the Police, with the round official seal affixed thereto.
(3) The accused shall also be entitled to legal advice provided by an attorney in matters other than criminal. When bringing the accused before an attorney, the provisions of § 16, paragraph 2 shall be applied as appropriate.
Basic furnishings and equipment of a cell
§ 14
(1) Apart from the furnishings and equipment listed in § 9, paragraph 1 of the Act, there has to be a washbasin with running water.
(2) The cells have to be daily sufficiently aired, heated and illuminated according to relevant effective norms, while subdued light may be used fromtatootill reveille in justified cases.
(3) Bunk beds may be used in the cells, provided that there is a minimum distance between the horizontal surfaces of the upper and lower beds, and provided that each accused has the minimum share of 7 m3of air. The upper bed must be fitted out with a pad which does not let dust through.
(4) The accused shall be given common cleaners and disinfectants to be able to maintain order, cleanliness and hygiene in their cells.
§ 15
The prescribed housing space allocated to an accused (§ 9, paragraph 2 of the Act) can be reduced for an absolutely necessary period of time
a) if the total number of the accused placed in prisons within the country, or in the area over which the bodies acting in criminal proceedings have jurisdiction, exceed the norm-prescribed total housing capacity of all prisons or the capacity of the individual prison in the area in question,
b)dueto reconstruction and construction works, in which case the reduction of space may only last while such work is in progress,
c) in the event of a higher number of the accused against whom joint criminal proceedings have been instigated, and who have been put in custody for fear they might hinder the investigation of facts significant for the criminal proceedings, if their placement into another prison outside the are over which the bodies acting in criminal proceedings have jurisdiction has not been approved thereby,
d)ifso required due to the overall security situation in the prison, or due to hygienic orantiepidemicmeasures prescribed by the relevant authority.
Summoning of the accused
§ 16
(1) The accused shall be brought before bodies acting in criminal proceedings, defence attorneys and court experts, as well as persons authorized with inspection and surveillance of the execution of pre-trial detention.
(2) The summoning of any accused placed in pre-trial detention due to fear that he/she might hinder investigation of facts significant for the criminal proceedings before persons listed in § 1, paragraph 2, and § 2, paragraph 1 shall take place at the request thereof, provided the accused consents, and provided the body acting in criminal proceedings has not decided otherwise. The authorized person may provide clerical services at the request of the accused, whenever his/her life or health is threatened.
§ 17
(1) The accused shall be brought before the defence attorney if the defence attorney presents an authorization of the interview or visit in the form of a power of attorney which empowers him to represent the accused in a criminal matter, or in the form of a written court instrument which assigns the attorney in question to the accused as his/her defence attorney. 1) Summons of the accused for the purpose of a visit by or an interview with his/her defence attorney cannot be denied.
(2) The accused shall be brought before the respective investigator or police body upon presentation of a request signed by the head of the relevant investigation unit of the Police, with the round official seal affixed thereto.
(3) The accused shall have the right to legal advice provided by a defence attorney in other matters as well. When bringing the accused before the attorney, provisions of § 16, paragraph 2 shall be applied as appropriate.
§ 18
(1) The accused shall usually be brought only to the room designated for this purpose. The accused may only bring things directly related to his defence or proceedings in his/her matter with him/her.
(2) The prison governor is obliged to make such arrangements that when the accused is brought before authorized bodies or persons, the staff member of the Prison Service in charge can watch, but not hear, the conversation between the accused and such bodies or persons.
(3) The accused may be summoned outside the prison only if the act in question cannot be performed within the prison, or if there are other, particularly significant reasons, which require that the act in question be performed outside the prison. The provisions of § 19, paragraph 1 shall be applied to acts conducted by an investigator or a police body outside the prison.
§ 19
Handing over the accused
(1) The accused shall be handed over to an investigator or a police body outside the prison for a period of time needed to perform the act in question on the basis of a written request containing justification of such procedure. If the period of time does not exceed 24 hours, the request must be approved by the head of the relevant bureau of investigation whose investigator is acting in the given criminal proceedings; in other cases, the request must be approved by the prosecutor overseeing the matter.
(2) If the accused is handed over for a period of time in excess of 24 hours, and if the act in question is performed outside the municipality where the prison wherein the accused in placed is located, the accused may be placed in the prison facility closest to the place where the act in question is being performed.
(3) During the time from the handing over of the accused to the investigator or a police body to his/her return or placement in another prison facility, the bodies of the Prison Service shall not be responsible for the surveillance of the accused.
Transfer of the Accused
§ 20
(1) The accused may only be transferred to another prison by virtue of a written court order, and, in the event of preparatory proceedings, of the public prosecutor.
(2) In special justified cases (§ 15), the accused may be transferred to another prison at a request by a body of the Prison Service following an approval by the relevant court, or, in the event of preparatory proceedings, of the public prosecutor.
(3) If hospitalization in a health care facility within another prison is required without delay, the accused in question may be transferred even without an order. The relevant court, or, in the event of preparatory proceedings, the public prosecutor, must however be notified of the transfer without delay. An analogous procedure is employed if the accused needs to be hospitalized in a health care facility outside a prison without delay. In such case due surveillance of the accused shall be taken care of by the administration of the nearest prison facility.
§ 21
In the event of a transfer of the accused for a period exceeding 15 days, the administration of the prison from which the accused is transferred is obliged to notify the family of the of the accused or another close person designated by the accused of the transfer, if the accused request so.
CHAPTER THREE
PROCEDURE EMPLOYED IN THE EVENT OF RELEASE FROM CUSTODY OR DEATH OF THE ACCUSED
Release of the accused
§ 22
(1) If the prison receives a written order of release, it is obliged to release the accused in question without delay. A signature of the judge or public prosecutor and the round official seal of the court or public prosecutor's office which issued the order of release must be affixed thereto. If such order is sent by fax, its authenticity and correctness shall always be verified and the verification marked onto the document.
(2) No order of release is required if the accused in question is being transferred from pre-trial detention to the execution of incarceration by virtue of an order issued by the court having jurisdiction over the decision concerning pre-trial detention in a criminal matter, in connection with which the accused had been placed in custody.
(3) If the court ruling on release of the accused from custody is enforceable, the accused brought before the court shall be released from custody immediately, if he/she wishes so. A staff member of the Prison Service shall discuss the execution of other measures with him/her. The accused is otherwise released following his/her return to the prison.
§ 23
(1) Prior to his/her release from custody, the identity of the accused must be verified so as to avoid confusing him/her with another person.
(2) Bodies acting in criminal proceedings shall be notified of the release of the accused from custody.
(3) The released person shall be returned all the things the prison administration had received for safekeeping; the released person shall sign for them to confirm their reception. The released person shall be issued a confirmation of release from custody and, where applicable, shall be informed that he/she may approach the relevant bodies and authorities to request assistance in the resolution of his/her pressing social problems.
(4) Prior to his/her release from custody, the accused shall undergo an exit medical examination.
§ 24
(1) If the released person does not have appropriate clothing, particularly with regard to the season, the prison administration shall lend him/her suitable clothing for which the released person shall sign up. If the released person does not have money to purchase a ticket to be able to travel to his/her place of residence, the prison governor usually resolves to lend him/her the relevant amount.
(2) The prison governor may decide in special cases that the accused does not have to return the clothing or money lent to him/her.
(3) If the person being released is ill, a special legal regulation is applied with respect to his/her transportation and required hospitalization.3)
Procedure Employed in the Event of Death of the Accused
§ 25
(1) The death of any accused person in pre-trial detention must be reported, without delay, to the relevant body acting in criminal proceedings, the Directorate General of the Prison Service and the relevant body entrusted with keeping a register.
(2) The prison governor or a staff member authorized thereby shall immediately report the death of an accused to a medical doctor. The death shall further be announced to the spouse or the next of kin of the accused, or, if there are no relatives or no relatives are known, the person who corresponded with or visited the accused, and the persons in question shall be informed that they may collect the body of the deceased following autopsy.
(3) If the persons listed in paragraph 2 above fail to collect the body of the deceased within a stipulated period of time, arrangements shall be made for cremation by the prison administration in accordance with the relevant regulations. A confirmation of the burial shall be sent to the spouse or one of the relatives of the deceased person.
(4) If the persons listed in paragraph 2 above collect the body of the deceased accused for burial, they shall bear the costs thereof.
§ 26
(1) In the event of a death of an accused person, the prison governor or a staff member authorized thereby shall take measures to protect the place of death, and shall enable the relevant authorities to establish the circumstances of the death. A forensic expert shall always be called in to perform an autopsy.4)
(2) The prison administration shall submit a list of items the deceased person had on him/her, as well as a list of things received by the prison for safekeeping to the district court in whose circuit the deceased person had his/her last permanent residence, and shall wait for the court's instructions as to whom the things should be given.
CHAPTER FOUR
ENFORCEMENT OF RIGHTS AND DUTIES OF THE ACCUSED
Provision of board to the accused
§ 27
(1) Board shall be provided to the accused according to the nutrition norm which stipulates the composition, quantity and nutritional value of foodstuffs within the monetary limit per person and day, based on the age group, health and, as the case might be, the work performed by the accused.
(2) A physician shall decide whether special therapeutic nutrition should be given to an accused, what kind of nutrition this should be and for what period of time it should be administered.
(3) The accusedwhodo not have the facilities required to prepare their own tea or coffee in the cell shall be given hot water to be able to make hot drinks at least twice a day.
§ 28
(1) If an accused who has handed over sufficient financial resources to the prison for safekeeping requests that lunch be bought for him from the cafeteria catering to the staff of the Prison Service, his request shall be granted, provided the capacity of the cafeteria is sufficient.
(2) An accused who does not want to accept common customary board due to his/her persuasion or constitution may obtain additional food in acceptable quantity at his own expense, provided the conditions in the prison make it possible; the right to provision of board under § 27, paragraph 1, is not affected thereby.
Clothing the Accused
§ 29
(1) The accused usually wears his own clothes, underclothes and footwear during pre-trial detention, provided the conditions laid down by the law aremet.Ifthe conditions are not met, the prison governor or the person authorized thereby shall decide whether the accused shall have to use prison clothes, underclothes and footwear. The prison administration is obliged to receive the clothes, underclothes and footwear of the accused in question for safekeeping, once the required measures are taken.
(2) The accused person's own underclothes must be changed at least once a week.
§ 30
(1) If the accused uses prison clothes, underclothes and footwear, he/she is obliged to keep them clean and orderly, so that they are appropriate for regular use.
(2) If the conditions in the prison make it possible, the accused may at his/her own request have his/her own underclothes and clothes washed in the respective facility within the prison at his/her own expense.
(3) Prison underclothes shall be changed once a week, prison clothes and footwear as needed and prison bed linen once in every two weeks.
(4) The change of the accused person's own clothes, underclothes and footwear can be effected by mail, during visits of the accused in the prison or, based on agreement with the prison administration, by individual personal delivery to the prison.
§ 31
Any accused who participates in any act outside the prison shall always be given his/her own clothes, underclothes and footwear. If his/her own clothes are aesthetically or otherwise inappropriate, the prison administration shall lend the accused suitable clothes.
Health Care
§ 32
(1) Health care shall be provided to the accused particularly by the medical centre within the prison or other health care facility of the Prison Service.
(2) If the condition of the accused requires immediate medical care which cannot be provided within the prison, the relevant body of the Prison Service shall call a physician on duty in the first aid or emergency units of the nearest health care facility, who shall decide on further procedure after examining the accused.
(2) If the physician on duty in the first aid or emergency units orders a transfer of the accused for outpatients' treatment or hospitalization in the nearest health care facility outside the prison, or for hospitalization in one of the health care facilities of the Prison Service, his instructions concerning the procedure shall be binding on the bodies of the Prison Service and shall be carried out without delay (§ 20, paragraph 3).
§ 33
(1) A serious illness or accident befalling the accused shall be notified to the relevant body acting in criminal proceedings, and, at his/her request, also to the family of the accused, or to some other close person designated thereby.
(2) If the accused refuses to eat, a physician must be informed immediately, which physician shall check the condition of the accused continuously and decide on the manner of supervision.
§ 34
(1) If the accused participated in an act performed outside the prison facility, and if the guaranteed period of sleep was therefore not observed, he/she may rest on the bed in beddings after reveille for an appropriate period of time.
(2) The accused may rest on the bed during the day, between8 a.m.tilltatoo, in his/her ownclothes or the prison clothes.
(3) The uninterrupted period of sleep is the time set forth in the internal code as the time fromtatootill reveille. This period may be defined differently for weekends and for working days, with a view to the different arrangements concerning the operation of and activities within the prison.
§ 35
(1) The accused may keep the basic toiletries, including an electric shaving machine, in his/her cell.
(2) The accused with no financial resources shall be given the basic toiletries by the prison administration in the required minimum quantity and range.
§ 36
Bathing of the accused
(1) The prison administration shall make sure that the accused can bath in hot water at least once a week.
(2) If a physician recommends so, or if reasons of hygiene require so, the prison administration shall make more frequent bathing of the accused possible.
(3) The accused shall be supervised by a person of the same sex when bathing. A visual check of signs of physical violence on the body of the accused may be performed during bathing.
(4) Bathing in hot water shall be considered to mean showering with hot water in the conditions of execution of pre-trial detention.
(5) If operational or energy-supply reasons make bathing under paragraph 1 impossible, the accused must always be able to washthemselvesproperly in hot water.
Outings
§ 37
The space for outings shall be a designated space within the prison facility, established and technically equipped for this purpose. The accused shall be directly supervised by a staff member of the Prison Service during the outing.
§ 38
(1) For the outing, the accused shall wearhis/her ownor prison clothes and footwear adequate to the weather conditions.
(2) The provisions of § 7, paragraph 1 of the Act, on separate placement shall be applied also when taking the accused out for an outing.
(3) The prison administration keeps track of participation in outings, as well as grounds for their limitation or withdrawal.
Correspondence of the accused
§ 39
If food or personal items are enclosed with a written communication, the consignment shall be considered to be a parcel within the meaning of § 16, paragraph 2 of the Act.
§ 40
(1) The correspondence of the accused in pre-trial detention is checked by a staff member of the Prison Service, authorized by the prison governor, for reasons listed in § 67, a) or c) of the Penal Code, with the exception of correspondence between the accused and bodies listed in §§ 41, 62 and 71. By checking, it shall be established whether correspondence contains items which must not be kept in the cell, or items whose mailing could frustrate the purpose of pre-trial detention. Secrets contained in the reviewed correspondence must be maintained, except in cases listed in § 13, paragraph 2 of the Act.
(2) The accused shall be informed by a staff member of the Prison Service about the detention of his/her correspondence and its referral to a body acting in criminal proceedings without delay.
§ 41
(1) Review of correspondence between the accused and his/her defence attorney, or between the accused and bodies of state administration of the Czech Republic or an international organization, which has jurisdiction over applications concerning human rights under an international agreement binding on the Czech Republic, or between the accused and bodies listed in §§ 62 and 71, is inadmissible.
(2) The costs of correspondence shall be paid for by the accused from his/her ownfinancial resources. If the accused has no financial resources of his/her own, the costs of his/her correspondence with the bodies listed in paragraph 1 shall be borne by the prison.
§ 42
(1) The prison administration shall keep track of any and all correspondence of the accused, as well as any referrals of detained correspondence to a body acting in criminal proceedings.
(2) Correspondence of the accused shall be received and sent out on every working day at the time stipulated by the internal code. The correspondence shall be taken to the post office on the following day at the latest. Correspondence received shall generally be handed over on the same day on which it is obtained from the post office. Court resolutions concerning pre-trial detention must be delivered to the accused on the on the same day on which they are received by the prison.
(3) Correspondence of the accused kept in pre-trial detention for fear that he/she might frustrate investigation of facts relevant for criminal proceedings, as well as correspondence detained under § 13, paragraph 2 of the Act, and correspondence listed in § 41, paragraph 1 shall be referred or sent to the relevant body acting in criminal proceedings, or to addressed bodies, on the following working day at the latest.
(4) If the accused refuses to accept correspondence froma bodyacting in criminal, civil or administrative proceedings, a special regulation shall apply. The accused shall be advised of the fact that if the body who sent the correspondence establishes that the refusal of acceptance wasunjustified,the correspondence shall be deemed accepted on the day of refusal.
§ 43
(1) An authorized staff member of the Prison Service shall affix a presentation seal of the prison and a relevant date on any and all correspondence, in which the accused seeks remedy within the meaning of procedural rules.
(2) In the even of transfer of the accused into another prison or a health care facility of the Prison Service, his/her correspondence shall be sent to him/her there without delay. Measures within the meaning of § 13 of the Act shall be taken by a staff member of the prison to which the accused was transferred, or a staff member of the prison housing the health care facility in question.
(3) In the event than an accused is illiterate or unable to read or write for some reason, the prison administration is obliged, at his/her request, to make sure that the correspondence received from bodies listed in §§ 41, 62 and 71 is read out to him/her, and assistance given in the writing of applications, requests, complaints, important communications, and correspondence with family members or defence attorney.
Visits of the Accused
§ 44
(1) Visits of the accused shall take place within the scope and under conditions laid down in § 14 of the Act. The number of persons who may visit the accused at one time shall include minors, who, however, may visit the accused only if accompanied by a person of over 18 years of age.
(2) Visitors may enter the space within the prison, which space was designated for visits to the accused, after presenting a valid identity card or a passport, or, if the visitor is doing his national service, after presenting his service book. No visitor may enter upon presentation of a certificate of loss of the identity card.
(3) Pregnant women, elderly and handicapped persons or persons accompanying small children shall be given priority.
(4) Visits shall generally take place on working days in daytime in a visiting room within the prison, which room shall be adequately furnished and equipped for this purpose. Possible alterations carried out inside the room, such as partitions and communication means installed, must not prevent common conversation and visual contact between the accused and his/her visitors.
(5) In the event of visits requiring prior written approval, where the relevant body acting in criminal proceedings granted its written approval of a visit with no representative of the body acting in criminal proceedings present, the respective staff member of the Prison Service shall be responsible only for organization and security during the course of the visit.
(6) In the event that the relevant body acting in criminal proceedings disapproves of a visit with no representative thereof present, and the representative fails to arrive for the visit, the visit shall not take place.
§ 45
(1) In justified cases, particularly where the accused in placed in pre-trial detention for reasons listed in § 67 a) and c) of the Penal Code, where the conduct of the accused in the course of execution of pre-trial detention guarantees that the purpose of pre-trial detention shall not be frustrated or security of persons threatened during the visit, the prison governor may decide that the visit shall take place in a room where there is no partition to separate the accused from his/her visitors.
(2) If the accused requests a visit by a directly related person (children, grandchildren, parents, grandparents), a spouse or sibling, who is also in pre-trial detention or serving a prison service, and who is not an accused placed in pre-trial detention for fear that he/she might frustrate the investigation of facts relevant for criminal proceedings, the prison governor may allow for such a visit to take place in the prison facility itself, particularly if there are pressing personal or family reasons. The actual costs incurred in connection with transportation and surveillance, required in case of such a visit in the prison, shall be borne by the accused, or, as the case might be, by the sentenced person.
§ 46
(1) The accused may accept a parcel containing approved foodstuffs and personal items, of a maximum weight of 5 kg. A parcel handed over during a visit shall be deemed to mean a parcel within the meaning of § 16, paragraph 2 of the Act.
(2) During a visit, the own clothes, underclothes and footwear of the accused person may be directly handed over and received for the purpose of a change thereof, and toiletries may also be received this way. Reception of the above items does not restrict reception of a parcel within the meaning of § 16, paragraph 2 of the Act.
(3) The uniformed staff member of the Prison Service bringing the accused for the visit may conduct a body search before and after the visit for security reasons.
§ 47
Contact between the accused and his/her defence attorney
(1) There shall be special rooms in the prison facility, designated to the contact between the accused and his/her defence attorney. The accused shall be brought before his/her defence attorney whenever the defence attorney request so, including at times outside working hours and on weekends.
(2) The accused may also meet in the prison with a lawyer representing him/her in other matters. In the cases of visits by a defence attorney of an accused placed in pre-trial detention for fear that he/she might frustrate the investigation of facts relevant for criminal proceedings, provisions of § 16, paragraph 2 shall be applied as appropriate.
(3) A parcel within the meaning of § 16, paragraph 2 may be handed over during a visit of the accused by his/her defence attorney or lawyer.
(4) In the course of court proceedings, when the defence attorney requests a private discussion with the accused with no third party present, such a discussion shall take place in suitable space within the court room. The uniformed staff member of the Prison Service escorting the accused shall proceed so as to be able to watch, but not hear the conversation between the accused and his/her defence attorney; the prescribed security rules must be observed in the process.
Reception of parcels
§ 48
(1) The accused may receive parcels sent by mail or handed over during a visit (§ 46, paragraph 1, and § 47, paragraph 3). The prison governor or a staff member of the Prison Services authorized thereby may allow a reception of a parcel at a shorter interval than prescribed.
(2) A parcel must not contain valuables, money, arms, alcoholic beverages (including beer), products containing ethyl alcohol and other volatile substances, drugs, perishable foodstuffs, canned products, beverages and food in glass containers, products in pressurized containers (sprays), printed matter or materials promoting national, ethnic, racial or religious intolerance, fascism and similar movements, violence and cruelty, or printed matter and materials containing descriptions of manufacture and use of psychotropic substances, poison or explosives.
(3) If the parcel is of excessive weight, contains items which must not be kept in the cell, or the accused refuses to accept the parcel upon unwrapping it, the parcel or its unaccepted part shall be returned to the sender as a new consignment, unless it was returned during a visit (§ 46, paragraph 1, and § 47, paragraph 3).
§ 49
(1) A received parcel shall be registered and the accused shall confirm its reception. The total weight of the parcel and list of things which were not given to the accused shall be registered as well.
(2) A confirmation of the right of the accused to receive parcels shall be issued to the accused to make sure that the prescribed interval of parcel reception is observed. A record of issuance of such confirmations shall be kept.
(3) The sender shall be informed, in a suitable manner, about the range of approved things and foodstuffs which may be given to the accused.
Purchase of food and personal items
§ 50
(1) Stores carrying food, cosmetic and consumer goods shall be established in prisons for the accused. The internal code prescribes the minimum range of products on offer. Purchases shall be generally made by credit transfer.
(2) If the purchase cannot be made in the prison store, it shall be handled by the prison administration.
(3) The prison governor is entitled to set the maximum amount the accused may spend at one time.
§ 51
(1) The accused may alsousedmoney sent to him to the prison in the course of his/her pre-trial detention, or money he handed over to the prison administration for safekeeping.
(2) The prison governor may set the maximum amount of money the accused may have on him/her. The amount in excess of the determined maximum amount shall be handed over to the relevant prison staff member for safekeeping.
(3) If the amount handed over by the accused for safekeeping is lower than the expected fare to the place of his residence and a boarding-out allowance for one day, he/she shall not be allowed to buy food and other things.
Satisfaction of cultural needs
§ 52
(1) The prison shall run a library and supply it, as far as possible, with commonly available fiction, religious and specialized works, including the principal legal regulations governing individual areas. The accused shall be allowed to chose books from the library depending on his/her interests, mental requirements and persuasion.
(2) The accused may subscribe to daily newspapers and magazines, including foreign periodicals distributed in the Czech Republic, out of his/her own resources, or may have his/her relatives or other person subscribe to them for him/her.
(3) The accused may borrow various games available in the prison and play them in the cell or in a space within the prison, designated for this purpose.
(4) In justified cases, the accused may have other things sent in, and may use them, which things may include particularly things related to his/her profession, business or further education, provided they are not in contravention of the purpose of pre-trial detention, and their quantity or character does not disturb order in and appearance of the cell, or be harmful to the health of the accused.
§ 53
(1) The accused may keep stationary, correspondence, documents related and relevant to the proceedings, books, daily newspapers and magazines, digital and other games, legal regulations, religious works, photographs, pocket or wrist watch, and cash of up to the prescribed maximum amount (§ 51, paragraph 2).
(2) If the accused later on requests that some of the things listed in paragraph 1 be received for safekeeping, the prison administration shall receive them. If it is impossible to receive the things in question for safekeeping, the prison administration shall make sure they are mailed at the expense of the accused.
§ 54
(1) The accused may use a suitable portable radio or a TV sets with battery feeding.
(2) The accused may not use a tape recorder or any other equipment used to replay recordings. The accused may not use anyradiotelecommunicationtechnology.
(3) The prison administration may check the radio and TV sets used by the accused, in order to establish that no undesirable installation was made.
Clerical service
§ 55
(1) According to legal regulations, churches and religious societies may participate in the provision of clerical services to the accused in the following ways:
a)byholding individual conversations, making pastoral visits, and making arrangements for individual access to religious acts,
b)byholding services for those accused who are interested,
c)byproviding Bible study lessons,
d)byprovision of religious works and hymn-books,
e)basedon an agreement with the prison governor, other suitable forms making it possible for the accused to exercise his/her right to practice his/her religion or faith.
(2) Prisons shall establish suitable conditions for the provision of clerical services to the accused, and based on the circumstances, designate suitable space for the provision thereof following an agreement with authorized persons.
(3) The prison administration shall inform the authorized persons about their obligation to observe legal regulations governing the execution of pre-trial detention, and to respect the internal code, including the day rules.
§ 56
(1) If the accused requests a visit by an authorized person, the prison administration shall notify the authorized person of such request without delay.
(2) The accused must not be in any way forced to take part in church service or any other ceremonies, or forced to talk to authorized persons. His/her participation must not be prevented in any way, whether directly or indirectly.
(3) In the event of collective forms of provision of clerical services, the principles laid down in § 7 of the Act shall be observed. In order to ensure safety of persons and order, it is usually necessary to have a designated staff member of the Prison Service present.
(4) The prison shall inform the accused about the possibility of provision of clerical services by means of its internal code or in some other suitable manner.
§ 57
Provision of Social Services and Measures Related Thereto
(1) The prison shall designate an appropriate number of staff members of the Prison Service for the provision of social services.
(2) Social workers of the Prison Service shall closely cooperate particularly with the respective curators for juveniles, social curators, bodies of state administration and local self-administration, as well as civic interest groups. Social services shall include particularly
a)provisionof social advisory services,
b)assistancein the resolution of the difficult social situation of the accused and their families,
c)cooperationwith all the other prison staff in the protection and exercise of the rights and justified interests of the accused.
(3) Visits by and conversations with representatives of social services, bodies of local self-administration, civic interest groups, or other legal or physical entities not mentioned in paragraph 1 above and § 2, paragraph 1, as the case might be, with the accused, shall always take place under conditions stipulated in § 14, paragraphs 1 and 2 of the Act, and in §§ 44 through to 46 of the Act.
(4) Correspondence between the accused and bodies listed in paragraph 3 above shall be subject to review. Provisions of § 13 of the Act and §§ 39 through to 43 shall be applied analogously.
Employment of the Accused
§ 58
(1) Prisons shall create conditions for employment of the accused either in their own business activities or by virtue of a contract with a different business entity or organization.
(2) A contract between the prison and a business entity or organization by virtue of which accused persons are employed shall define more detailedterms governing the execution of worksby the accused, and possibly also the procedure to be employed in training the accused for the execution of the given works.
(3) When establishing the conditions for health safety and protection at work, the business entity or organization shall have the same obligations as they would have in relation to their regular employees.
§ 59
(1) When employing the accused at individual workplaces, provisions of § 7, paragraph 1 must be observed, and other, particularly security aspects, taken into consideration.
(2) The accused may be employed at their own request, and the character and type of work and activity offered by the prison must be adequate to their health, ability and skills.
(3) When employing the accused, a particular view must be taken to their personal circumstances, social situation of their families and, as the case might be, to the execution of a decision on alimony for juvenile children.
Protection of Rights of the Accused
§ 60
(1) In order to exercise his/her rights and rightful interests, an accused person may file complaints, requests and applications to the bodies of state administration of the Czech Republic, as well as international organizations which have jurisdiction over applications concerning the protection of human rights, and which are binding on the Czech Republic.
§ 61
An accused person in pre-trial detention has the right of protection of his/her personality from unjustified violence, any humiliation of his/her humandignity,insults or threats. Staff members of the Prison Service shall report any such discovered case to the relevant bodies and shall take all the necessary measures aimed at the prevention of such actions without delay.
§ 62
(1) The accused may request an interview with representatives of bodies listed in § 20, paragraph 1 of the Act. Such a request must be sent to the relevant body no later than on the following working day. If such a body happens to be present in the prison, it shall be advised of the request for interview without delay. Staff members of the Prison Service or other third parties shall not participate in the interviews of the accused with representatives of the above bodies.
(2) If the accused requests an interview with the prison governor or his/her deputy, such an interview shall be made possible, usually within a week, in very urgent matters without delay. The urgency of the matter shall be assessed by the prison governor or his/her deputy according for the reason for request for interview.
CHAPTER FIVE
RESOLUTION OF DISCIPLINARY OFFENCES
§ 63
Imposition and execution of disciplinarypunishmentandconfiscation of things
(1) A disciplinary punishment in the form of a fine of up to CZK 1 000 shall usually be imposed on an accused person for a significant or repeated violation of his/her prescribed duties. When determining the amount of the fine, the personal and family circumstances of the accused person in question shall be taken into account. The execution of this disciplinary punishment shall usually be effected by transferring the respective amount from the funds of the accused deposited in the prison or funds the accused has on his/her. The amount remaining after the transfer of the fine shall not be lower than CZK 500. If the accused person in question does not have sufficient funds, or if the remaining amount would be lower than CZK 500, such disciplinary punishment cannot be imposed.
(2) Disciplinary punishment in the form of withdrawal of the right to receive packages and prohibition to purchase foodstuffs and personal items (with the exception of hygienic items) for a period of up to one month shall not exceed the period of two months in the event of repeated imposition thereof. The prohibition shall apply to the relevant number of packages the accused was allowed toreceivedwithin the given period of time.
(3) The thing on whose forfeiture or confiscation a legal decision was made shall be handed over, together with a copy of the decision, to the financial department of the district office in whose circuit the prison facility is located.
(4) Disciplinary punishment in the form of placement in solitary confinement may be imposed only in the event of very significant willful violation of prescribed duties, or if the previously imposed disciplinary punishments and other measures had no effect. Following the execution of the disciplinary punishment of solitary confinement, another disciplinary punishment of solitary confinement may only be imposed after
a) five days, if the previous disciplinary punishment of solitary confinement lasted for five days or a period of time shorter than that,
b) ten days, if the previous disciplinary punishment of solitary confinement lasted for more than five days.
(5) Prior to the execution of the disciplinary punishment of solitary confinement, an extraordinary preventive medical check-up of the accused shall be carried out. The accused shall be under increased surveillance by a staff member of the Prison Service during the execution of the disciplinary punishment of solitary confinement.
(6) The disciplinary punishment of solitary confinement shall be executed in a cell with basic equipment (§ 9, paragraph of the Act), or under prescribed conditions in one of the cells listed in § 10. The accused mayusedthe beddings he/she had in his/her regular cell during the execution of the disciplinary punishment of solitary confinement.
(7) Any of the disciplinary punishments listed in § 22, paragraph 2 of the Act may also be imposed on the accused, if a body acting in criminal proceedings according to § 66, paragraph 2 of the penal code let the prison governor impose disciplinary punishment on the accused for his/her actions under § 66, paragraph 1 of the penal code.
Proceedings on disciplinary punishment
§ 64
(1) The prison governor, the head of the department for the execution of pre-trial detention (execution of pre-trial detention and incarceration) and the head guard shall have the right to impose disciplinary punishment.
(2) The head guard may impose the disciplinary punishment of withdrawal of the right to receive packages and prohibition to purchase foodstuffs and personal items (with the exception of hygienic items) for a period of up to one month, and the disciplinary punishment of solitary confinement for a period of up to five days.
(3) The head of the department for the execution of pre-trial detention (execution of pre-trial detention and incarceration) shall have the right to impose all forms of disciplinary punishment on the accused. The disciplinary punishment of solitary confinement may be imposed thereby for a period of up to 7 days, and a fine may be imposed in the amount of up to CZK 300.
(4) The prison governor shall have the right to impose all forms of disciplinary punishment to their full extent, and shall also have the right to decide on confiscation of a thing.
(5) If a staff member of the Prison Service feels that the accused should be given a stricter disciplinary punishment than the one he/she can impose, he/she shall refer the case to a staff member who may impose such punishment.
(6) The disciplinary punishment imposed shall be adequate to the disciplinary offence committed, and unless the Act expressly stipulates otherwise, only one disciplinary punishment may be imposed on the accused for the offence in question.
(7) If further execution of disciplinary punishment becomes unnecessary, staff members of the Prison Service listed in paragraphs 2 through to 4 may cancel the imposed disciplinary punishment or a part thereof in justified cases, or suspend its execution for the remaining duration of pre-trial execution.
§ 65
(1) A record of the disciplinary offence shall be drafted, which record shall detail the actions of the sentenced person considered to constitute the disciplinary offence, including the place, time, manner in which the offence was committed, and circumstances of the offence, as well as the motive, where applicable. Evidence must be clearly identified so that it can be examined. If evidence is in the form of witness testimonies, a summary content thereof shall be given with the witnesses' signatures appended thereto. Confession of the sentenced person shall not absolve the staff member of the Prison Service from his/her obligation to examine and check all circumstances of the act using all available means. Evidence shall be anything that may contribute to clarification of the act, particularly testimonies of witnesses or other persons, things, documents and inspections.
(2) Prior to the imposition of disciplinary punishment, the accused person and the person exercising ownership rights to the thing which might be forfeited shall be given an opportunity to make their representation of the case. The statement given by the accused person shall be written down on a prescribed form and presented to the accused for signature. If the accused person refuses to sign his/her statement, the respective staff member of the Prison Service shall indicate this fact on the prescribed form, state the reasons for such refusal and append a date and his/her signature thereto.
(3) The decision on the imposition of disciplinary punishment shall be issued in writing, and shall contain instructions concerning remedies in addition to the actual decision and its justification. The accused person shall confirm the announcement of the decision by his/her signature. If the accused person refuses to sign, the same procedure shall be employed as in the event of refusal to sign a statement under paragraph 2.
(4) A decision on forfeiture or confiscation must contain particularly an accurate description of the thing concerned, a brief justification, including the identification of the name of the perpetrator of the disciplinary offence, where known, as well as persons directly affected by the decision, where known.
(5) The decision by virtue of which a fine, forfeiture or confiscation of a thing is imposed shall be issued in writing within three days and delivered to the accused person, as well as the owner of the thing, where known.
(6) The imposition of disciplinary punishment shall be communicated to the accused person, before the execution of the punishment is undertaken.
(7) A record of imposition of disciplinary punishment shall be filed in he personal file of the accused person. The kind of disciplinary punishment imposed and the reasonthereforshall also be recorded in the respective documentation.
§ 66
Remedies against Imposed Disciplinary Punishment and Confiscation of a Thing
A complaint against a decision on imposition of disciplinary punishment or confiscation of a thing may be made orally or in writing. In the case of an oral complaint, an authorized staff member of the Prison Service shall draft a record stating the date of the filing of the complaint, possibly also the reasontherefor, and present this record to the accused person or some other person who filed the complaint for signature. If the complaint was filed in writing, the date of the filing shall be marked thereon.
§ 67
Proceedings on Remedies
(1) Bodies which under § 23, paragraph 7 of the Act decide on remedies are obliged to review the case so as to establish whether it was proved beyond doubt that the act considered to be a disciplinary offence had been committed, whether such act had been committed by the accused person, whether such act constitutes a disciplinary offence, as well as other significant circumstances. Such bodies shall also establish whether the authorized staff member of the Prison Service had not overstepped his/her powers.
(2) The prison governor, the director general of the Prison Service or a body authorized thereby shall reject the complaint against an imposition of disciplinary punishment where such complaint was filed with a delay due to the accused person, or if the disciplinary offence in question was committed by the accused person beyond doubt.
(3) If the body mentioned in paragraph 2 above does not reject the complaint,
a) it shall change the imposed disciplinary punishment if it was proved beyond doubt that the accused person had committed the disciplinary offence but the disciplinary punishment imposed is not adequate to the seriousness of the offence committed; the new disciplinary punishment must always be more lenient than the disciplinary punishment originally imposed on the accused,
b) it shall cancel the imposed disciplinary punishment and refer the matter back to the respective member of the Prison Service who imposed it for new disciplinary proceedings, if the facts significant for the imposition of the disciplinary punishment had not been sufficiently elucidated, or if the hitherto evidence is insufficient for a decision; it is not possible to impose a stricter punishment than the original one in new disciplinary proceedings,
c)itshall cancel the disciplinary punishment, if it is not proved beyond doubt that the accused person had committed the disciplinary offence in question.
(4) In the event of a change of cancellation of disciplinary punishment under paragraph 3, the originally imposed disciplinary punishment, if partly executed, shall be counted in the newly imposed disciplinary punishment, and where this is impossible, shall be considered in the event of imposition of a new disciplinary punishment, if any.
(5) A decision on complaint shall be briefly justified in writing.
CHAPTER VI
JOINT ACTIVITIES IN THE EXECUTION OF PRE-TRIALDETENTION
Collaboration of the prison administration with other bodies and institutions
§ 68
(1) When handling the execution of pre-trial detention, the prison administration shall create favourable conditions for the activities of courts, public attorneys' offices, police bodies, as well as other bodies of state administration, to make sure that the criminal proceedings are successful and the purpose of pre-trial detention is met.
(2) The prison administration shall also closely cooperate with bodies of state administration and local self-administration, interest civic groups, churches and religious societies, particularly in the area of exercise of the rights and justified interests of the accused.
§ 69
(1) The prison administration shall send reports on admission of the accused into prison, his/her transfer, release, escape and death, as well as all cases of self-mutilation, suicide attempts and refusal to eat in excess of seven days, to the respective bodies acting in criminal proceedings without delay. At the request of bodies listed in § 62 and § 71, the prison administration shall also provide information concerning the conduct of the accused.
(2) The prison administration shall hand requests and information concerning the accused and received from bodies other than those listed in paragraph 1 above over to the respective bodies acting in criminal proceedings, where the information requested concerns the status of criminal proceedings. Other information on the accused shall be provided by the prison governor.
(3) The prison administration shall advise the relevant courts of cases where the courts resolution prolonging pre-trial detention was not delivered in time with a view to the duration of pre-trial detention of the accused.
(4) The prison governor shall closely cooperate with health authorities and facilities, including bodies of surveillance, which provide therapeutic and preventive health care to the accused, or which perform hygienic and anti-epidemic care, shall make the execution of their tasks possible and observe their recommendations concerning health care.
§ 70
(1) The prison governor shall make the following possible for the minister of justice, as well as other bodies in charge of surveillance over compliance with legal regulations in the execution of pre-trial detention and surveillance over execution of pre-trial detention, authorized thereby:
a)toconduct inspections in the prison and seek information on activities of the prison,
b)toenter all parts of the prison where pre-trial detention is executed,
c)toview documents based on which the accused were deprived of their freedom, and talk to the accused without the presence of third persons,
d) to check the correctness of orders and decisions of the prison administration concerning the execution of pre-trial detention, and to view files, documents and decisions for this purpose,
e)torequest necessary explanations from the staff members of the Prison Service.
(2) The prison governor shall be responsible for the execution of orders issued by the minister of justice, and by other bodies listed in paragraph 1 above depending on the scope of authorization thereof, where such orders concern compliance with regulations governing the execution of pre-trial detention. The prison governor shall, in the prescribed extent, call attention to all cases where the execution of pre-trial detention was disturbed by bodies acting in criminal proceedings or other persons.
§ 71
Surveillance and inspections of execution of pre-trial detention
(1) Inspections in prisons without special permits may also be conducted by the following persons:
a)vice-ministersof justice,
b)directorgeneral of the Prison Service and his deputies.
(2) Other persons authorized by bodies listed in paragraph 1 may conduct inspections in prisons based on a written authorization.
PART TWO
EXECUTION OF PRE-TRIAL DETENTION OF SPECIAL GROUPS OF THE ACCUSED
CHAPTER ONE
EXECUTION OF PRE-TRIAL DETENTION OF JUVENILE ACCUSED
§ 72
(1) If this chapter does not contain special provisions, preceding provisions of this by-law shall be applied to the execution of pre-trial detention in accused persons who have not exceeded 18 years of age (hereinafter "juveniles").
(2) The prison shall create favourable conditions for interest, sports and educational activities of juveniles with a view to their psychological and physiological specifics, in order to limit negative effects of isolation of juveniles from society due to their placement in pre-trial detention and in accordance with the purpose of pre-trial detention. The prison shall adopt adequate measures in the personnel, technical and organizational areas for thispurpose,shall cooperate with the respective bodies of state administration and institutions, churches and religious societies and interest civic groups.
Special provisions
§ 73
(1) Juveniles shall be placed in cells separately from other accused. A juvenile may be placed in the same cell with adult accused only in exceptional cases, if it can be reasonably expected that this shall not jeopardize the purpose of pre-trial detention, and where there is no moral or other danger to the juvenile involved.
(2) Juveniles shall usually be placed into cells in a designated part of the prison or a special department thereof. When placing the accused in individual cells, the principles laid down in § 7 of the Act shall be applied, and other aspects, such as age, shall be taken into consideration depending on local conditions and possibilities.
(3) The prescribed housing area allocated to one accused person may not be reduced in juveniles.
(4) If the conditions in the prison make it possible, an open-type department shall be established for juveniles, and where possible, favourable conditions shall be created for the participation of juveniles in joint interest, cultural, educational and sports events. The provisions of § 7 of the Act shall not be affected thereby.
§ 74
(1) Visits of juveniles are usually conducted in forms which make it possible to strengthen the mutual social and emotional ties, particularly to parents and close relatives.
(2) Outings of juveniles may be allowed even outside the designated space, and such an outing may last of up to two hours. If a juvenile does not have adequate sports clothes or footwear, the prison administration may lend him/her those.
(3) The internal code shall adequately address the procedure to be applied in the exercise of further rights and justified interests of juveniles, particularly the forms, methods and means for the execution of interest, cultural, sports and educational programs, technical equipment of cells and other areas used and a suitable form of decoration thereof.
§ 75
(1) The disciplinary punishment of withdrawal of the right to receive packages and prohibition of purchasing of foodstuffs and personal items must not exceed the duration of one week in the case of a juvenile. Where such punishment is imposed repeatedly, it shall not exceed the period of two weeks.
(2) The imposition of disciplinary punishment of placement in solitary confinement shall be an exceptional measure which may be imposed only in the event of very serious violation of prescribed duties. The disciplinary punishment of placement in solitary confinement may be imposed on a juvenile for a maximum of five days, and following the execution of such punishment, a newly imposed disciplinary punishment of placement in solitary confinement shall not be executed sooner than after days after the previous one.
CHAPTER TWO
EXECUTION OF PRE-TRIAL DETENTION OF ACCUSED WOMEN
If this chapter does not contain special provisions, other provisions of this by-law shall be applied to the execution of pre-trial detention of accused women, including juveniles.
Special provisions
§ 77
Accused women shall usually be placed into cells in a designated part of the prison, or, where this is impossible, into cells separated from the other cells by means of a suitable partition.
§ 78
(1) The prescribed housing are allocated to one accused woman must not be reduced in the case of a pregnant woman. The disciplinary punishment of withdrawal of the right to receive packages and prohibition of purchasing of foodstuffs and personal items must not be imposed on a pregnant woman.
CHAPTER THREE
EXECUTION OF PRE-TRIAL DETENTION OF ACCUSEDFOREIGNERS
§ 79
If this chapter does not contain special provisions, other provisions of this by-law shall be applied to the execution of pre-trial detention of accused persons who are not citizens of theCzechRepublic(hereinafter "accused foreigners").
§ 80
Special provisions
(1) A foreigner shall be instructed within the meaning of § 5, paragraph 2, § 28, and § 8, paragraph 1 of the Act in a language he/she understands.
(2) When placing foreigners into cells, special care shall be taken to place them in such a way that foreigners who speak the same language or who know the same language are able to communicate.
(3) The prison administration shall inform the consulate of the relevant state whose citizen the foreigner is of any transfer thereof.
(4) When satisfying the material and cultural needs of foreigners, the prison shall take cultural and religious traditions and customs into consideration where possible, and make books in a language they speak or understand available thereto.
PART THREE
FINAL PROVISIONS
§ 81
The order of the minister of justice of the Czech Republic No 4/1996, registered in the Collection of Laws under no 25/1969 Coll., in the wording of orders of the minister of justice No 5/1988, No 20/1990 and No 15/1992 on the Execution of Pre-Trial Detention Code.
§ 82
This by-law shall enter into force on the day of its publication.