Minister of Public Administration and Justice

As the Government has not yet discussed this motion, it cannot be considered as the Governments official position.
MINISTER OF PUBLIC ADMINISTRATION AND JUSTICE MINISTER OF THE INTERIOR
DRAFT BILL
on the Execution of Punishments Actions Cou!t"O!#e!e# Su$e!%ision &n# Post"Ch&!'e Non"C!imin&( Detention
Bu#&$est Au'ust )*+,
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. 2
DRAFT Act - of )*+, on the Execution of Punishments Actions Cou!t"O!#e!e# Su$e!%ision &n# Post"Ch&!'e Non" C!imin&( Detention PART ONE .ENERAL PRO/ISIONS Chapter I FUN A!"N#A$ %&'(I)I'N) Objective and basic principles of law enforcement A!tic(e + *+, #he ob-ective of la. enforcement is to enforce the punishment ob-ectives throu/h the e0ecution of the punishment and actions .ith efforts made at individualisation durin/ the e0ecution in order to properly serve the achievement of individual prevention /oals. *2, #he rules of e0ecutin/ punishments and measures shall be created in a .ay that a) in addition to the penalty that materiali1es in the punishment and the measure, and to the enforcement of provisions adopted to ensure prevention, the rules of e0ecution should facilitate the convicts social inte/ration and the development of a la.2abidin/ behaviour, b) in the case of minors, it should also serve the enforcement of childrens ri/hts, c) in the case of involuntary commitment, apart from the protection of society, proper treatment and care should be ensured for the person under treatment. *3, Convicts and persons detained on other /rounds shall not be sub-ected to torture, cruel, inhumane or de/radin/ treatment and no medical research involvin/ such detainees shall be carried out. *4, In respect of convicts and persons detained on other /rounds, the re5uirement of e5ual treatment shall be observed. Scope of the Act A!tic(e ) *+, #he provisions of this Act shall apply in the course of a) the e0ecution of punishments and measures pursuant to Act C of 26+2 on the Criminal Code *hereinafter 7Criminal Code8,, and durin/ the provision of aftercare for people released from prison, secure trainin/ centres or youn/ offender institutions9 b) pre2char/e detention, temporary involuntary commitment and remand pursuant to Act :I: of +;;< on Criminal %rocedure *hereinafter 7Code of Criminal %rocedure8,, and the enforcement of custody instead of a re/ulatory fine pursuant to section +=+ *>, of the Code of Criminal %rocedure9 c) arrest for surrender, provisional arrest for surrender, provisional arrest for the e0ecution of an "A?, or the custody of persons provisionally transferred .ithin the frame.or@ of procedural le/al
assistance pursuant to Act C$::: of 26+2 on !utual Assistance in Criminal !atters .ith the !ember )tates of the "uropean Union *hereinafter 7Act C$::: of 26+28,, and arrest for e0tradition, provisional arrest for e0tradition, or the custody of persons provisionally ta@en over under procedural le/al assistance pursuant to Act :::(III of +;;= on International $e/al Assistance in Criminal !atters *hereinafter 7Act on International $e/al Assistance in Criminal !atters8,, and A prior to the adoption of a court rulin/ on ta@e2over A the temporary enforcement of imprisonment imposed by a forei/n court, and d) the e0ecution of post2char/e non2criminal detention and post2char/e non2criminal detention served instead of a fine, an on2the2spot fine or a community service *hereinafter collectively referred to as 7post2char/e non2criminal detention8,, as defined in Act II of 26+2 on Infrin/ements, %ost2Char/e Non2Criminal etention and the &e/istration of Infrin/ement %roceedin/s. Definitions A!tic(e , For the purposes of this Act, the follo.in/ terms shall have the follo.in/ meanin/B a) la. enforcement caseB a proceedin/ underta@en by a court, an or/anisation responsible for e0ecution or a person vested .ith decision2ma@in/ po.ers in a /iven case in relation to the e0ecution of a punishment, measure, court2ordered supervision, imprisonment served instead of a fine or post2char/e non2criminal detention A e0cludin/ the proceedin/s specified in #itle II of Chapter ::I: of the Code of Criminal %rocedure A, .hich affects the contents, duration, place and method of e0ecution, the date of commencement, the interruption, release on parole, provisional release and enforceability, or focuses on the observation of the rules of e0ecution, and has a si/nificant impact on the ri/hts and obli/ations of convicts and persons detained on other /rounds9 b) person detained on other /roundsB persons in involuntary commitment or other court2ordered supervision, persons obli/ed to serve imprisonment instead of a fine, and convicts sentenced to post2char/e non2criminal detention, c) electronic monitorB a closed2system safety en/ineerin/ device suitable for recordin/ and transmittin/ electronic ima/es, sounds, or ima/es .ith sounds9 d) electronic remote monitorB technical e5uipment monitorin/ the movements of convicts or persons detained on other /rounds9 e) noticeB a notice issued by the court A in a printed or electronic format A in the interest of e0ecution to the or/anisation responsible for e0ecution about the punishment imposed, the measure applied, and the related effective provisions adopted after sentencin/9 and a notice orderin/, maintainin/ or terminatin/ court2ordered supervision, .hich includes the -ud/es prescription of the e0ecution of a punishment, measure or court2ordered supervision includin/ deprivation of liberty, or release, f) official contact personB a public official or a forei/n public official, as defined in the Criminal Code, actin/ in an official capacity9 the defendin/ counsel, la.yer or le/al adviser actin/ as a le/al representative in a pendin/ criminal, civil, infrin/ement or administrative proceedin/ or other official case or in a la. enforcement case, or actin/ to initiate the commencement of such a proceedin/, includin/ the issue of a po.er of attorney9 the consular officer of the state of the convict or the person detained on other /rounds9 the interpreter assistin/ in a criminal case9 a church official .hile performin/ reli/ious service, and, based on an a/reement .ith the affected la. enforcement or/anisation, a member or representative of a le/al aid or charity or/anisations at the la. enforcement institution, or a person actin/ on commission from such an or/anisation durin/ such an activity, g) relativeB a person defined as relative in the Criminal Code,
h) contact personB the person entitled to @eep contact .ith the convict or the person detained on other /rounds, based on a permit, i) court2ordered supervisionB supervision entailin/ deprivation of liberty and ordered by a court in criminal proceedin/s, in the frame.or@ of mutual le/al assistance in criminal matters .ith the !ember )tates of the "uropean Union, and international le/al assistance in criminal cases9 j) direct contactB electronic voice connection, includin/ telephone calls9 k) therapeutic activityB a form of reinte/ration activity in .hich primarily persons in involuntary commitment, temporary involuntary commitment, or classified into a therapeutic2reinte/ration /roup9 persons .ith reduced .or@in/ capacity or persons .ho are unable to ta@e part in employment due to their health condition are occupied in an or/anised .ay and re/ularly, under the conditions stipulated in this Act, for a certain fee, in the frame.or@ of a la. enforcement le/al relationship, l) defendin/ counselB the defendin/ counsel defined in the Code of Criminal %rocedure, and the la.yer actin/ in the la. enforcement case relatin/ to the convict or the person detained on other /rounds durin/ the e0ecution of the punishments and the measures. Enforceability of decisions and the obligation to take measures for execution A!tic(e 0 *+, %unishments, measures and post2char/e non2criminal detention A .ith the e0ceptions defined in )ection *2, A may be e0ecuted only on the basis of the final and bindin/ decision of a court, in the manner determined by la.. Court2ordered supervision A .ith the e0ception of remand A, and custody served instead of a fine can be e0ecuted on the basis of the final and bindin/ decision of the court, in the manner determined by la.. *2, Caution can apply already before the relevant rulin/ becomes final, based on a decision by the prosecutor. %robation supervision ordered .ith the postponement of indictment can be e0ecuted on the basis of the prosecutors decision. A person may also be arrested on the basis of a decision by the prosecutor or the investi/atin/ authority. *3, #he e0ecution of punishments and measures, and A .ith the e0ception of detention A court2ordered supervision and custody served instead of a fine shall be ordered by court. Arrest shall be actually initiated by the court, prosecutor or investi/atin/ authority that has ordered it. %ost2 char/e non2criminal detention and custody imposed instead of a fine by court shall be implemented by the or/anisation set up for the performance of /eneral policin/ duties *hereinafter 7police8,, and in all other cases, the authority in char/e of infrin/ement proceedin/s shall ta@e the necessary steps for the e0ecution of the custody served instead of a fine. *4, If the punishment, measure or court2ordered supervision has been e0ecuted, or a court2 ordered supervision is terminated, the court shall issue a notice of release for the defendant. Duties of the state during execution A!tic(e 1 *+, #he e0ecution of punishment, measures, the court2ordered supervision, post2char/e non2 criminal detention and the provision of aftercare shall be the responsibilities of the state. #he sanctions imposed by la. on the convict or a person detained on other /rounds shall be enforced as specified in the sentence or in other decisions, .ith the contents and for the period specified therein.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. >
*2, #he state shall e0ecute the punishment, measure, court2ordered supervision or post2char/e non2criminal detention throu/h the court, the enforcement officer, the -udicial enforcement or/anisation, the la. enforcement or/anisations, the secure trainin/ centres, the or/anisation appointed by the Government to offer probation supervision *hereinafter 7probation supervision8,, the police and other or/anisations defined in this Act *hereinafter collectively referred to as 7or/anisations responsible for e0ecution8,. 'ther bodies and or/anisations stipulated by la. shall also be involved in e0ecution. *3, ?ithin the statutory frame.or@, the or/anisation responsible for e0ecution shall co2 operate .ith civil or/anisations founded for monitorin/ the conditions of custody, for assistin/ inte/ration into society after release, for the performance of charity activities and for assistin/ other la. enforcement duties, as .ell as .ith churches performin/ similar activities. If such an or/anisation or person violates the le/al re/ulations re/ardin/ the order or the security of the or/anisation responsible for e0ecution, or the provisions of the a/reement made .ith the or/anisation responsible for e0ecution, the or/anisation responsible for e0ecution may terminate the co2operation. udicial oversight A!tic(e 2 #he prosecutor e0ercises -udicial oversi/ht over the e0ecution of the punishments, measures, court2ordered supervision and the post2char/e non2criminal detention, and in the course of this they has the ri/hts and obli/ations stipulated by the act on prosecution service. !aw enforcement legal relationship A!tic(e 3 *+, #he la. enforcement le/al relationship is a le/al relationship e0istin/ durin/ the e0ecution of the punishment, measure, court2ordered supervision, custody served instead of a fine and post2 char/e non2criminal detention A includin/ the preparations and measures ta@en in the interest of e0ecution A bet.een the or/anisation responsible for la. enforcement and the convict or the person detained on other /rounds, and this relation determines the duties of or/anisations responsible for e0ecution, and the duties of other or/anisations and persons involved in the e0ecution, as .ell as the ri/hts and obli/ations of convicts and persons detained on other /rounds, and the .ays of enforcin/ these. *2, '.in/ to the nature of the la. enforcement le/al relationship, convicts and persons detained on other /rounds have special ri/hts and obli/ations defined by the relevant statutes. Obligation of submission" co#operation and address reporting A!tic(e 4 *+, #he convict shall submit themself to the e0ecution of the punishment or measure, and the person sub-ect to court2ordered supervision shall tolerate the e0ecution of the court2ordered supervision includin/ the deprivation of liberty, and if they refuse to do so, they shall suffer the le/al conse5uences defined by la., and coercive action may be used a/ainst him. #he person in involuntary commitment shall tolerate the limitation of their personal freedom, and the e0ecution may be carried out by force, throu/h police arrest and by the issue of an arrest .arrant. %ersons
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. =
obli/ated to custody instead of a fine or to post2char/e non2criminal detention shall bear the deprival of their personal freedom, and the e0ecution may be carried out by force, resortin/ to police arrest. *2, In the course of e0ecutin/ the punishment and the measure, the convict shall co2operate .ith the or/anisation responsible for the e0ecution, and shall provide all the re5uested information. If provided by this Act, in case the convict refuses to co2operate or provide the information, the -ud/e overseein/ la. enforcement may impose a fine on the convict. *3, Convicts resident in Cun/ary shall report any chan/es in their address data *address, place of residence, .ithin three .or@in/ days of the occurrence of the chan/e to the or/anisation responsible for the e0ecution of the punishment, and if that is not @no.n, to the -ud/e overseein/ la. enforcement, .ho is competent accordin/ to the seat of the court of first instance .hich made the effective decision. *4, #he -ud/e overseein/ la. enforcement shall impose a fine for incompliance .ith the obli/ations defined in )ection *3, hereof, either e0 officio, or on the initiative of the or/anisation responsible for e0ecution. #he convict shall be notified of this durin/ the announcement of the sentence and then reminded durin/ e0ecution or in the summons or notice issued to him. *>, Article +=+ *+,2*4, of the Code of Criminal %rocedure shall apply to the imposition of fines pursuant to )ections *2, and *4, hereof. $undamental rights A!tic(e 5 *+, #he convict and the person detained on other /rounds shall e0ercise their fundamental ri/hts defined in the Fundamental $a., as .ell as their other ri/hts and obli/ations A .ith the limitations or prohibitions defined in the la., the sentence of the court and other decisions of the court and the prosecution service A in conformity .ith the order of la. enforcement. *2, In the course of the limitation of ri/hts, the most lenient tool suitable for the /iven purpose shall apply. !egal remedy" re%uests and complaints A!tic(e +* *+, urin/ the e0ecution, the convict or the person detained on other /rounds shall be entitled to remedy accordin/ to this Act. 'ther.ise, the convict or the person detained on other /rounds may enforce their ri/hts accordin/ to the /eneral rules, may apply to the court, and may submit a re5uest or a complaint to the state or/anisations. *2, In connection .ith the e0ecution, the convict or the person detained on other /rounds a) may directly contact the prosecutor performin/ the le/al supervision of punishments, measures, court2ordered supervision, the custody served instead of a fine and post2char/e non2criminal detention, and may re5uest to be heard by the prosecutor, b) may directly turn to the ombudsman and to their collea/ue authorised to carry out the duties of the national prevention mechanism *hereinafter 7national prevention mechanism8, pursuant to
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. D
Article 3 of the Facultative %rotocol to the Convention A/ainst #orture and 'ther Cruel, Inhumane or e/radin/ #reatment or %enalties, c) may file re5uests or complaints to various international or/anisations. &ight to defence and rules of representation A!tic(e ++ *+, In a la. enforcement case, the convict or the person detained on other /rounds shall have the ri/ht to defence, and the defendin/ counsel shall be entitled to inspect the documents and ma@e independent statements. *2, #he convict or the person detained on other /rounds may contact their defendin/ counsel in .ritin/ or verbally, and A in compliance .ith the rules of the or/anisation carryin/ out the detention A personally, .ithout control. *3, If the convict and the person detained on other /rounds are not Cun/arian citi1ens, they are entitled to turn to the diplomatic or consular mission of their state, and @eep contact .ith the representatives of those missions. *4, #he defendin/ counsel may by authorised by the convict and the person detained on other /rounds, their le/al representatives or adult relatives, or, in the case of forei/n citi1ens, by the consular official, and the court shall appoint a defendin/ counsel e0 officio or at the re5uest of the above listed persons, pursuant to Article 4< *3, of the Code of Criminal %rocedure. *>, In a matter related to the detention, but not of la. enforcement nature, the convict or the person detained on other /rounds may authorise a representative, and the ri/ht of representation shall be certified. #he activity of the representative may not threaten the security of custody and the rules of e0ecution. *=, In other issues related to the custody or in any other issue, the convict or the person detained on other /rounds may contact their representative both in .ritin/ and orally, and A in compliance .ith the rules of the or/anisation carryin/ out the detention A personally, under control. If the representation is carried out by a la.yer, a le/al advisor or a patent a/ent, the contact shall not be controlled. Also, in connection .ith the procedure of the affected la. enforcement institution, it is not possible to control the contact bet.een the convict or the person detained on other /rounds and the person representin/ him in a case presented to a human ri/hts or/anisation established in an international a/reement, particularly the "uropean Court of Cuman &i/hts. *D, In the course of @eepin/ contact over the phone, if the conversation cannot be controlled, the or/anisation responsible for la. enforcement is entitled to chec@ the identity of the defendin/ counsel or representative .ho initiated the call, or the identity of the called party if the convict or the person detained on other /rounds initiated the call, and to interrupt the conversation for this purpose. *<, In other issues related to the detention, the convict and the person detained on other /rounds may use the services of a le/al assistant, and is entitled to @eep contact .ith the le/al assistant accordin/ to the provisions of the act on le/al assistance. 'se of mother tongue and the right to information
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. <
A!tic(e +) *+, #he convict or the person detained on other /rounds shall not suffer any disadvanta/e because of their not @no.in/ the Cun/arian lan/ua/e. urin/ the e0ecution, the convict and the person detained on other /rounds may use their mother ton/ue, based on an international a/reement published in an act of la., in the scope defined in this act, their re/ional or ethnic lan/ua/e, or A if they does not @no. the Cun/arian lan/ua/e A any other lan/ua/e they is familiar .ith, both orally and in .ritin/. *2, #he information containin/ the essential elements of le/al provisions on the rules of e0ecution and the ri/hts and obli/ations re/ardin/ the e0ecution, as .ell as the rules of the house in the or/anisation carryin/ out the detention shall be provided to the convict and the person detained on other /rounds in their mother ton/ue, based on an international a/reement published in an act of la., in the scope defined in this act, in their re/ional or ethnic lan/ua/e, or in any other lan/ua/e they is familiar .ith. *3, #he convict or the person detained on other /rounds shall receive .ritten information on a) the ri/ht to complain and the possibilities of le/al remedy in the la. enforcement case, b) the ri/ht to defence due to him in the la. enforcement case, and, in the case of a person under court2ordered supervision, in the criminal proceedin/, c) the ri/ht to revie. the documents of the la. enforcement case, and in the case of a person under court2ordered supervision, to the documents of the criminal procedure, d) the forms of @eepin/ contact, e) the ri/ht to inform the consular authorities, and A in the case of a person under court2ordered supervision A the relative or any other person indicated by him, f) the start and end dates of the punishment or the measure and the infrin/ement proceedin/, and the due date of the release on parole or of the temporary release, g) in the case of persons under court2ordered supervision, the term accordin/ to the decision on the orderin/ of the court2ordered supervision, and on the possible ultimate term defined by la., as .ell as on the e0tension and the revision of the court2ordered supervision and on the ri/ht to submit a re5uest for release, h) the ri/ht to emer/ency medical care. *4, #he .ritten information on the ri/hts defined in )ection *3, may be @ept by the convict or the person detained on other /rounds. *>, #he provision of the information accordin/ to )ections *2, and *3, and its acceptance shall be recorded in .ritin/. If the convict or the person detained on other /rounds cannot read and .rite, the provision of the information accordin/ to )ections *2, and *3, shall be made orally, and this fact shall be recorded in the presence of the convict, .ith the si/natures of t.o .itnesses, in .ritin/. (rotection of the victim)s rights and interests A!tic(e +, *+, If they re5uest, the victims of intentional offences a/ainst life, body and health, sub-ect to imprisonment for at least five years *Chapter :( of the Criminal Code, and a/ainst the se0ual freedom and se0ual morals *Chapter :I: of the Criminal Code, shall be informed on the convicts final release or release on parole, and on the interruption of the e0ecution of imprisonment, and, in the case of correction in a youn/ offender institution, on the -uveniles final release or release on
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ;
parole. #his re5uest shall be submitted to the court that acted in the first instance in the criminal case, and the address to .hich the notice is re5uested to be sent is to be indicated in the re5uest. #he victim may .ithdra. their re5uest by reportin/ it to the court. *2, Eased on the notice from the court, the la. enforcement institution e0ecutin/ the imprisonment or the secure trainin/ centre re/isters the victims re5uest in its records, and one month before the release or release A or, if an interruption is allo.ed, immediately A sends a notice to the victim about the date of release, to the address provided by the victim. #he la. enforcement institution, the secure trainin/ centre and the court shall treat the victims re5uest, name and address in a confidential .ay, and shall ma@e sure that this data is not made @no.n to the convict. &ules of execution A!tic(e +0 *+, #he more serious punishments defined in the Criminal Code shall be e0ecuted first, unless the la. e0cludes the parallel e0ecution of punishments. %unishments of identical types A .ith the e0ception defined in )ection *2, hereof A shall be e0ecuted in the se5uence of the arrivals of the notices at the or/anisation responsible for e0ecution. *2, )everal determinate prison sentences that cannot be served as a sin/le consecutive sentence shall be served in the follo.in/ orderB in a penitentiary, in a correctional institution, and in a prison. Fuveniles shall serve their sentences firs in correctional institutions, then in prison follo.ed by other forms of confinement. If several custodial sentences of identical sentence severity cannot be or have not been served as a sin/le consecutive sentence, the sentence that e0cludes the convicts release on parole shall be e0ecuted first. *3, Unless other.ise provided herein, in the interest of maintainin/ the order of enforcement, any punishment actually in pro/ress shall be interrupted. *4, If involuntary commitment is ordered, imprisonment, custody, community service, trainin/ a secure trainin/ centre or custody in a youn/ offender institution shall be interrupted. *>, #he commencement of imprisonment or court2ordered supervision shall interrupt custody, community service or correction in a youn/ offender institution. Correction in a youn/ offender institution shall interrupt post2char/e detention or community service. %ost2char/e detention shall interrupt community service. *=, #he e0ecution of a punishment or measure involvin/ deprivation of liberty and the enforcement of court2ordered supervision shall interrupt post2char/e non2criminal detention. *D, Up to the removal of the condition that has caused interruption of the punishment, the measure or the post2char/e non2criminal detention, the time limit shall be suspended. A!tic(e +1 *+, "ach started day shall be included in the duration of the punishment or measure involvin/ deprivation of liberty and of the post2char/e non2criminal detention, and its last day shall be determined in a calendar day.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +6
*2, #he order of servin/ sentences shall be observed by the or/anisation responsible for e0ecution, the convict or the person detained on other /rounds, and by the contact person durin/ liaisin/. A!tic(e +2 Upon re5uest or e0 officio, the punishment, measure or post2char/e non2criminal detention may be suspended, postponed or interrupted by the authorised parties under conditions defined by la.. &e%uest A!tic(e +3 *+, In order to e0ecute the punishment, ta@e the measure or have the post2char/e non2criminal detention served, and to evaluate a re5uest by the convict or the person detained on other /rounds, the court, the prosecutor, the or/anisation responsible for e0ecution, the minister in char/e of -ustice and the minister in char/e of la. enforcement may submit a re5uest sub-ect to the provisions of Article D+ *+,2*>, and *D, of the Code of Criminal %rocedure. *2, If the addressed body or or/anisation fails to /rant the re5uest .ithin the specified deadline, or refuses to fulfil the re5uest .ithout proper authorisation, the court or the prosecutor may impose a fine. Article +=+ *+,A*4, shall apply to the imposition of fines. $evyin/ fines may be initiated by the or/anisation responsible for la. enforcement at the -ud/e overseein/ la. enforcement, or, if the indictment has been postponed, at the prosecutor. *3, If it is necessary for the completion of their duties, the court, the prosecutor, the minister in char/e of -ustice, the minister in char/e of la. enforcement and the or/anisation responsible for e0ecution may re5uest data, documents and information from one another, or from the court, the prosecution service or the investi/atin/ authority that acts or has acted in the criminal case, as .ell as from the court or administrative authority that has acted in the infrin/ement case. *onse%uences of failures related to summons and notices A!tic(e +4 *+, If the convict or the person detained on other /rounds fails to appear a) in spite of re/ular summons, or b) by or on the deadline determined in a properly delivered notice, at the place indicated there, their arrest may be ordered. *2, In the case of a punishment or measure, Article +=2 of the Code of Criminal %rocedure shall apply .ith the provision that the court shall be entitled to order arrest, but if the indictment is postponed, the prosecutor shall be entitled to do so. Action to find a convict or a person under involuntary commitment staying at an unknown location" and the arrest warrant A!tic(e +5
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ++
*+, In order to identify the .hereabouts of a convict or person under involuntary commitment stayin/ at an un@no.n place, a) Article D3 of the Code of Criminal %rocedure b) Article 2> *+, and *2, of Act C$::: of 26+2, and c) Article 32 *2, of the Act on International $e/al Assistance shall apply .ith the proviso that only the court shall be entitled to order their search and issue an arrest .arrant. *2, ?ithin the scope of servin/ the prison sentence, providin/ community service and submission to probation supervision, the or/anisation responsible for e0ecution shall also be entitled to ta@e steps to determine the convicts place of residence and .hereabouts GArticle D3 *2, of the Code of Criminal %rocedureH. *3, If the measure ta@en to find the convict or the person under involuntary commitment, or the arrest ordered for enforcement has not been successful, the court shall issue an arrest .arrant to find the fu/itive convict or person under involuntary commitment, .ho a) has not started the service of the imposed, final and bindin/ imprisonment or custody, trainin/ in a secure trainin/ centre or involuntary commitment, b) has escaped from the la. enforcement institution or from a .or@place outside of the la. enforcement institution, durin/ collection from or transport to another la. enforcement or health institution, or durin/ their stay there, c) has not started the performance of the imposed, final and bindin/ community service A even if the location of the .or@ has not been determined yet A, or has interrupted it .ithout proper authorisation, d) has left a secure trainin/ centre .ithout permit durin/ their collection from or transport to another secure trainin/ centre or health institution, or durin/ their stay there, or left the secure trainin/ centre .ith a permit, but has unla.fully failed to return, e) as a person in involuntary commitment or .ith mental impairment, has left I/a1sI/J/yi !e/fi/yelK Ls "lme/yM/yNtM IntL1et *7Forensic !onitorin/ and %sychiatric Institution, hereinafter 7I!"I8, .ithout an approval, or has left it .ith approval but has not returned by deadline. *4, #he provisions of )ection *3, hereof shall apply to the e0ecution of imprisonment served instead of a fine or a community service, and in the e0ecution of the probation supervision ordered by the court, in compliance .ith the principle of /radation. Decision by the organisation responsible for execution and the complaint A!tic(e )* *+, Unless other.ise provided herein, n the la. enforcement case of the convict and the person detained on other /rounds, and in other issues related to their incarceration the head of the or/anisational unit .here the sentence is served in the or/anisation responsible for e0ecution shall ta@e steps or ma@e decisions. *2, If the head of the or/anisational unit .ithin the or/anisation responsible for e0ecution acts e0 officio A unless stipulated other.ise by this Act A, the action shall be ta@en or the decision shall
be made .ithin ei/ht days of the occurrence of the condition callin/ for action or decision, unless the nature of the case calls for immediate action. *3, If the head of the or/anisational unit .ithin the or/anisation responsible for e0ecution acts on re5uest, they shall ta@e steps or ma@e a decision .ithin thirty days of the submission of the re5uest, unless the nature of the case calls for immediate action. #he party entitled to assess the re5uest A as specified in )ection *+, A may e0tend the deadline for action in a -ustified case in .ritin/, on one occasion, by ma0imum thirty days. #he applicant shall be informed of this in .ritin/. *4, If this Act prescribes so, the head of the or/anisation or or/anisational unit responsible for e0ecution shall ma@e a decision on the action or decision pursuant to )ections *+,2*3,, in the procedure defined there. *>, #he decision made by the commander of the la. enforcement institution, the commander2 in2chief of the Cun/arian %rison )ervice, the minister supervisin/ la. enforcement, as .ell as the director of the secure trainin/ centre A unless the la. allo.s an e0ception A shall be enforceable. *=, A/ainst the action ta@en or decision made pursuant to )ections *+,2*3, hereof, or for failure to ta@e such an action or ma@e such a decision, a complaint may be filed to the head of the or/anisation responsible for e0ecution, unless this Act stipulates other.ise. A complaint may be filed by the convict, the person detained on other /rounds, the defendin/ counsel, the le/al representative of the -uvenile, the le/al representative of the person under involuntary commitment, their spouse, their common2la. spouse, and the contact person .ho is affected by the measure, the decision, or the failure to ta@e or ma@e them in order to maintain the contact. *D, #he complaint may be filed .ithin fifteen days of announcin/ the action or the decision, or failure to do so. #he complaint shall be filed in .ritin/, or records shall be made of it. If the beneficiary has not been able to ma@e the complaint, the fifteen days deadline shall count from the time .hen the obstacle is removed. No complaint shall be filed three months after the announcement of the action or decision, or the failure to do so. *<, In cases defined by this Act, the convict or the person detained on other /rounds may appeal a/ainst the decision to the -ud/e overseein/ la. enforcement or may brin/ an action at court. A!tic(e )+ *+, #he complaint shall be -ud/ed .ithin thirty days, unless the nature of the case re5uires promote action. In -ustified cases, this deadline may be e0tended by thirty days. #he convict and the person detained on other /rounds and the person .ho filed the complaint shall be informed of the assessment of the complaint in .ritin/. *2, &e5uests or complaints filed repeatedly in the same case .ithin three months may be released .ithout effective e0amination unless they reveal ne. facts or conditions, or contain additional data. #his provision shall not apply to repeated re5uests or complaints re/ardin/ the e0amination of the health condition of the convict or the person detained on other /rounds and re/ardin/ the raisin/ or custody of the convicts child. Decisions by the organisation responsible for execution A!tic(e ))
*+, If this Act prescribes the adoption of a decision, the decision shall containB a) the name of the actin/ or/anisation and the name of the person entitled to ma@e a decision, the re/istration number and the ob-ect of the case, b) the personal details of the convict or the person detained on other /rounds *family and /iven name, family and /iven name at birth, place and date of birth, mothers family and /iven name at birth, their address, as .ell as the re/istration number of the convict in custody and the person detained on other /rounds, and the name and address of possible other affected persons, c) in the operative part, the decision, as .ell as the information on the possibility of le/al remedy, d) in the e0planation, the identified facts and the evidence behind them, and the statutes supportin/ the decision, e) the place and the date of ma@in/ the decision, the name, the position and the si/nature of the person ma@in/ the decision, and the official stamp of the or/anisation. *2, It is not necessary to e0plain the decision that approves a re5uest. *3, #he decision shall be recorded on the file or in minutes. #he decision shall be formulated on a separate sheet, if it is communicated throu/h delivery. In this case, the decision shall be put into .ritin/ .ithin the deadline stipulated for ma@in/ it. In the case of a decision recorded on the file or in minutes, the data defined in )ection *2, a) and b) shall not be indicated, if they are obvious from the file. *4, #he decision shall be communicated by announcement or delivery. #he announcement of the decision shall be confirmed in .ritin/. #he date of communicatin/ the decision is the day on .hich it .as announced or delivered. A!tic(e ), *+, #he head of the or/anisation or or/anisational unit responsible for e0ecution corrects or replaces the decision in the case of errors in names, fi/ures or calculations, or other similar mistypin/, if that is necessary, after the hearin/ of the applicant. *2, #he head of the or/anisation or or/anisational unit responsible for e0ecution may add some items to the decision e0 officio or on re5uest, provided they ma@es no decision in @ey issues. #he addition may not affect other stipulations of the decision. *3, #he correction and the addition shall be recorded on the ori/inal copy of the base decision, and possibly on its copies, and, in the .ay stipulated for the base decision, they shall be communicated to all the parties to .hom the base decision .as communicated. udicial review A!tic(e )0 *+, A/ainst the decision pursuant to Article 26 *4,, if this Act stipulates so, a re5uest for a -udicial revie. may be submitted. A re5uest for revie. A unless this Act stipulates other.ise A may be submitted by the convict, the person detained on other /rounds, the defendin/ counsel, the le/al representative of the -uvenile, and the le/al representative, spouse or common2la. spouse of the person under involuntary commitment.
*2, #he re5uest for the -udicial revie. A unless this Act stipulates other.ise A may be submitted to the or/anisation or or/anisational unit responsible for e0ecution .ithin five .or@in/ days of communicatin/ the decision. After the e0piry of the deadline, the head of the or/anisation or or/anisational unit responsible for e0ecution shall immediately submit the documents to the court. *3, #he re5uest for the -udicial revie. shall be assessed by the -ud/e overseein/ la. enforcement, .ho is competent accordin/ to the seat of the or/anisation or or/anisational unit ma@in/ the decision and bein/ responsible for the e0ecution. *4, #he re5uest for the -udicial revie. A unless this Act stipulates other.ise A has no suspensory effect. In the re5uest for the -udicial revie., ne. facts and evidence can be raised. #he decision made by the -ud/e overseein/ la. enforcement cannot be appealed. A!tic(e )1 *+, &e5uest for a -udicial revie. shall have a suspensory effect on the e0ecution of the decision accordin/ to )ection 26 *4, only in the case defined in this Act. *2, If the re5uest for the -udicial revie. has a suspensory effect on the e0ecution of the decision, and a) no re5uest for a -udicial revie. has been submitted a/ainst the decision, the decision can be e0ecuted on the day follo.in/ the e0piry of the deadline, b) the re5uest for the -udicial revie. .as .ithdra.n9 the decision can be e0ecuted on the day of the .ithdra.al, c) the -ud/e overseein/ la. enforcement assessed the submitted re5uest for a -udicial revie. .ith final and bindin/ effect9 the decision can be e0ecuted on the start day of the final and bindin/ effect. &eview of documents and production of copies A!tic(e )2 *+, #he documents produced durin/ the e0ecution of the punishment, the measure and the post2char/e non2criminal detention, and durin/ the enforcement of the court2ordered supervision may be revie.ed by the convict and the person detained on other /rounds, and their defendin/ counsel and representative, the -uvenile persons le/al representative and the le/al representative, spouse or common2la. spouse of the person under involuntary commitment. *2, #he persons entitled to revie. the documents in accordance .ith )ection *+, may as@ for the production of copies. *3, #he or/anisation responsible for e0ecution shall issue a copy of the documents .ithin ei/ht .or@in/ days of the submission of the re5uest at the latest. In the issuin/ of the copies, the provisions of Article D6OE *;, and *++, and Article D6OC *>, of the Code of Criminal %rocedure shall apply. *4, No revie. shall be allo.ed and no copy shall be provided of drafts produced in the course of preparations for decisions, the proposals of the la. enforcement or/anisation, the documents servin/ the basis of the classification of the convicts into /roups and of their motivation security
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +>
evaluation, officers opinions, notes on lessons, the plans of the individual probation supervision, as .ell as of those documents to .hich the applicant has no access accordin/ to the la.. *>, If the copy to be issued contains data the applicant is not entitled to @no., a special copy shall be issued for him, .hich does not contain the protected or confidentially mana/ed data. *=, #he refusal to issue the copy shall be recorded in a decision. *D, #he provisions of the act on the mana/ement and protection of medical and related personal data shall apply to the revie. and copyin/ of documents related to health. Chapter II &"A)'N) ":C$U ING #C" ":"CU#I'N 'F %UNI)C!"N#) AN !"A)U&") &easons excluding the execution of punishments and measures A!tic(e )3 *+, #he e0ecution of a punishment is e0cluded byB a) the convicts death, b) e0piry of the time limit, c) clemency, d) other reasons defined by la.. *2, #he e0ecution of a measure shall be e0cluded byB a) .ith the e0ception of sei1ure, asset forfeiture and ma@in/ electronic data inaccessible, the death of the convict or the person a/ainst .hom the measure .as ordered, b) e0piry the time limit, c) clemency, d) other reasons defined by la.. +ime limit of punishments and measures A!tic(e )4 *+, #he enforceability of imprisonment shall lapse as follo.sB a) in the case of imprisonment of fifteen years or a more serious punishment A after 26 years, b) in the case of imprisonment of ten years or lon/er A after fifteen years, c) in the case of imprisonment of five years or lon/er A after ten years, d) in the case of imprisonment of less than five years A after five years. *2, #he time limit o custody, community service, fines, e0clusion and ban from visitin/ sports events is five years. *3, #he time limits on a bans from the profession, dis5ualification from drivin/, and e0pulsion and ban from participation in public affairs are as follo.sB
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +=
a) ten years in the case of a definite term of five years or more, b) five years in the case of a term less than five years. *4, #he enforceability of imprisonment imposed for the follo.in/ offences has no time limitB a) crimes a/ainst humanity *Chapter :III of the Criminal Code,, b) .ar crimes *Chapter :I( of the Criminal Code,, c) imprisonment for fifteen years or lon/er for .ar crimes defined in Articles ++ and +3 of decree <+O+;4>. *II.>., !" that stepped into effect .ith Act (II of +;4> and .as modified and e0tended by decree +446O+;4>. *(.+., !", d) life sentence *>, #he enforceability of correction in a youn/ offender institution has no time limit. A!tic(e )5 *+, #he time limit on punishments and measures shall start on the day .hen the decision orderin/ the punishment or the measure becomes final and bindin/, or if the e0ecution of the imprisonment is suspended, on the day .hen the trial period ends. *2, If the convict escapes durin/ servin/ their sentence or correction in a youn/ offender institution, the time limit re2starts on the day of escape. *3, #he time limit of a punishment imposed in parallel .ith the imprisonment starts on the day of finishin/ the e0ecution of the imprisonment or on the day .hen the enforceability is terminated. *4, #he time limit is interrupted by the action ta@en for the e0ecution of the punishment or the measure a/ainst the convict. #he time limit is interrupted by any official measure that is realised .ith the purpose of proceedin/ .ith the e0ecution of the punishment. #he time limit starts a/ain on the day of the interruption. *>, #he term of the postponement and the duration of the interruption of the punishment and the interruption re5uired by the se5uence of e0ecution accordin/ to Article +4 do not count into the time limit. (ardon A!tic(e ,* *+, #he party e0ercisin/ the po.er of /rantin/ a pardon may .aive or reduce the convicts punishment or their release on parole, the reparation .or@ and the correction in a youn/ offender institution out of mercy. A punishment or a measure cancelled as clemency, or, in the case of a reduction, the cancelled part of the punishment or the measure may not be enforced. *2, An clemency may refer to a non2e0ecuted punishment or measure only. From the aspect of pardonin/, the e0pulsion is not considered e0ecuted as lon/ as its term is not over.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +D
*3, If the party e0ercisin/ the po.er of /rantin/ a pardon /rants a pardon to the convict, the criminal conse5uences GArticle ;< *3, of the Criminal CodeH A in the lac@ of other provisions A are ad-usted to the punishment imposed in the sentence. *4, If the Chairman of the &epublic suspends the e0ecution of a punishment out of mercy for a trial period, the trial period and the term re5uired for the comin/ into force of the release commence on the date of the decision on the pardon. +he exclusion of the execution of the punishment in the case of a life sentence A!tic(e ,+ #he imprisonment for a definite term, the custody and the community service cannot be e0ecuted in the case of a life sentence. Chapter III U#I") 'F #C" C'U&# AN #C" %&')"CU#'& IN #C" ":"CU#I'N Duties of the court and the prosecutor acting in the criminal case A!tic(e ,)6 *+, #he e0ecution of a punishment or measure shall be arran/ed by the court in .hose proceedin/ it becomes enforceable. #he necessary steps are ta@en by the chairman of the council or a sole -ud/e *hereinafter to/etherB the chairman of the council, in the course of e0ecutin/ this Act and the decisions made in criminal cases, accordin/ to the provisions of statutes definin/ the duties of courts. *2, #he prosecutor shall ta@e the necessary steps for the probation supervision ordered in the postponement of indictment, and for the e0ecution of the caution applied by the prosecutor. *3, #he chairman of the council A unless stipulated other.ise by this Act A shall ta@e steps to issue and send the notice .ithin three .or@in/ days of the peremptory rulin/ becomin/ final and bindin/. *4, In the case of a fine, sei1ure or asset forfeiture, the copy of the peremptory rulin/ pursuant to Article ><< *>, of the Code of Criminal %rocedure .ith an e0ecution clause and the ori/inal si/nature of the -ud/e shall replace the issue of the notice, and shall serve as the basis of e0ecution. *>, In the application of )ection *3,, the term of peremptory rulin/ covers the peremptory rulin/ in the course of reopenin/ or revie.in/ a case or a le/al remedy to ensure le/ality, or in an appro0imation procedure *hereinafter to/etherB e0traordinary le/al remedy,, the peremptory rulin/ on the appro0imation decision affectin/ the imposed punishment or applied measure. *=, If the order on the orderin/, e0tension, maintenance or termination of the court2ordered supervision is enforceable, the chairman of the council shall immediately ta@e steps to issue, deliver or send the notice in order to carry out the enforcement or the release. #he chairman of the council adds a -ud/es order to the notice. ?hen a court2ordered supervision is terminated, if the defendant is not collected, the chairman of the council shall immediately ta@e steps in the or/anisation carryin/ out the custody to release the person.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +<
*D, If the court2ordered supervision is ordered or terminated by the prosecutor, they .ill immediately arran/e for the enforcement of the measure or the release of the person. A!tic(e ,, *+, If the court corrects the decision that serves as the basis of the notice, there is no need to issue another notice. #he chairman of the council shall send the final decision orderin/ the correction A immediately after its comin/ into force A and the re5uest .ith the ori/inal si/nature to the or/anisation responsible for the e0ecution, or to the la. enforcement /roup of the court *hereinafter 7la. enforcement /roup8,, to .hich the notice has already been sent, and points out the modifications to be considered in the e0ecution of the decision. *2, If, in an issue for .hich the notice contains data, the court subse5uently ma@es a different decision in the procedure accordin/ to #itle II of Chapter ::I: of the Code of Criminal %rocedure, or adds its decision subse5uently, the chairman of the council issues a notice of this, and immediately sends that to/ether .ith its decision to the or/anisation responsible for e0ecution, or, in the case of imprisonment, to the la. enforcement /roup of the court. A!tic(e ,0 *+, ?hen the immediate e0ecution of the final and bindin/ imprisonment is ordered, the chairman of the council adds a -ud/es order to the notice about the imprisonment, and hands that over to the policeman or prison /uard ta@in/ the convict to the la. enforcement institution. *2, #he chairman of the council acts accordin/ to the provisions of )ection *+, in the case of imposin/ imprisonment, education in secure trainin/ centre or involuntary commitment, .hen the defendant is in custody at the time of the sentence becomin/ final and bindin/, either in the /iven criminal case, or in another. *3, If the defendant is in custody, but they have not been collected, the chairman of the council shall immediately send the notice issued of imprisonment, correction in a youn/ offender institution or involuntary commitment to/ether .ith the -ud/es order addressed to the or/anisation responsible for e0ecution, and if the defendant is in custody at another or/anisation, to the or/anisation enforcin/ the custody, and this or/anisation shall immediately ta@e steps for the transport of the defendant. *4, ?hen involuntary commitment or correction in a youn/ offender institution is ordered, the chairman of the council shall add a -ud/es order to the notice, shall send it to the institution responsible for the e0ecution of the measure, and shall arran/e for the transport or escort of the person under involuntary commitment or the -uvenile person to the institution. A!tic(e ,1 *+, If, in the proceedin/ initiated for the reopenin/ or revie.in/ a case, the court suspends or interrupts the e0ecution of any measure decided in the basic case, the chairman of the council A by sendin/ the decision to the or/anisation enforcin/ the punishment or the measure A shall immediately ta@e steps to ma@e sure that the person sentenced to imprisonment, or the person under involuntary commitment or stayin/ in secure trainin/ centre is released or dischar/ed.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +;
*2, #he chairman of the council acts accordin/ to )ection *+, if they suspend the e0ecution on the basis of the certificate pursuant to )ection => *>, of the Code of Criminal %rocedure, submitted in connection .ith the ri/ht of appeal. *3, If the court releases the convict .ith a decision made in e0traordinary le/al remedy, cancels the involuntary commitment or terminates the proceedin/, and the e0ecution has not been suspended or interrupted, the chairman of the council shall immediately ta@e steps to release or dischar/e the person sentenced to imprisonment, involuntary commitment or correction in a youn/ offender institution. *4, If, in a procedure accordin/ to #itle II of Chapter ::I: of the Code of Criminal %rocedure, the court ma@es a decision A affectin/ the e0ecution A for .hich there is no notice form introduced, the chairman of the council shall immediately send their final and bindin/ decision to the or/anisation responsible for e0ecution or, in the case of imprisonment, to the la. enforcement /roup. *>, #he chairman of the council, if they subse5uently identify a reason that e0cludes the e0ecution of the punishment or the measure A .ith the e0ception of the pardon A, ma@es a decision and sends it to the or/anisation responsible for e0ecution or, in the case of imprisonment, to the la. enforcement /roup. A!tic(e ,2 *+, 'nce the peremptory rulin/ is put into .ritin/, its copy shall be immediately sent A .ith the e0ception of punishments and measures of property nature A to the or/anisation or la. enforcement /roup responsible for the e0ecution, as defined in the separate statute. *2, In case a postponement or payment in instalments is allo.ed, the chairman of the council shall ta@e the necessary steps to disclose this permit and its contents on the notice. #he decision made after the sendin/ of the notice shall be immediately sent to the or/anisation or the la. enforcement /roup responsible for the e0ecution. *3, ?hen imprisonment, custody or community service is imposed, or involuntary commitment, probation supervision and correction in a youn/ offender institution is ordered, the follo.in/ items need to be attached to the decisionB a) the copy of the probation officers opinion on the convict, the e0perts opinion or medical certificate on the convicts mental and physical condition, b) in the case of -uvenile convicts, the copy of the environmental scannin/ and A if these documents are available to the court A the copy of the school report, and the character description produced by the school or the employer. *4, If the security conditions are provided, the notice, the peremptory rulin/, other decisions affectin/ the e0ecution or the documents accordin/ to )ection *3, may be for.arded to the or/anisation responsible for e0ecution or to the la. enforcement /roup in electronic .ay, too. (rompt commencement of imprisonment and securing its execution A!tic(e ,3
*+, In the case of a convict at lar/e, the court may order the immediate commencement of the imposed final and bindin/ imprisonment a) if its term is five years, or more serious, and based on the nature of the offence and the personal and family conditions of the convict, there is a /ood reason to suppose that heOshe .ould .ithdra. himself from the e0ecution of the punishment by escapin/ or hidin/, b) the court shall order immediate e0ecution if the punishment .as imposed for an offence committed in or/anised crime. *2, In the case of )ection *+,, the court shall directly as@ the commander of the la. enforcement institution operatin/ in its seat to send prison /uards, and shall hand over the convict to the /uards. If there is no la. enforcement institution at the seat of the court, or there is any obstacle in the .ay of sendin/ a prison /uard, the court shall directly contact the police and as@ them to escort the convict to the la. enforcement institution. A!tic(e ,4 *+, If, at the time .hen the peremptory rulin/ imposin/ the imprisonment to be e0ecuted becomes final and bindin/, the defendant is not in pre2char/e detention, and the court did not order the immediate commencement of the imprisonment, a measure to ensure the e0ecution of the imprisonment may be ordered a/ainst the convict A until they enter the la. enforcement institution A if, considerin/ the nature of the offence, the imposed imprisonment and the personal and family conditions of the convict A especially their medical condition or old a/e A there is a /ood reason to suppose that this could ma@e sure that the defendant does not .ithdra. from the e0ecution of the punishment by escapin/ or hidin/. *2, A measure to ensure the e0ecution of the imprisonment shall be ordered if the court allo.ed a postponement for the commencement of the e0ecution of the imprisonment for a term over t.o years. *3, #he court ma@es the decision on the orderin/ of the measure to ensure the e0ecution of the imprisonment. #he convict sub-ect to the measure may not leave the area or district defined by the courts decision .ithout a permit, and may not chan/e their domicile or place of abode. #he decision may stipulate that the defendant must sho. up at the police .ith a certain fre5uency. *4, Compliance .ith the provisions of the measure that ensures e0ecution of the imprisonment is controlled by the police, accordin/ to the rules of the Code of Criminal %rocedure re/ardin/ control of the compliance .ith the order of house arrest. *>, If the convict has violated the provisions of the measure servin/ the e0ecution of the imprisonment, the police shall immediately inform the court that ordered the measure, and may ta@e the convict into custody until the courts decision is made, ma0imum for si0 days. If the provisions of the measure servin/ the e0ecution of the imprisonment are violated, the court may order the immediate e0ecution of the imprisonment. *=, If the convict has left for an un@no.n location, and the steps ta@en to find their .hereabouts .ere not successful, the chairman of the council issues an arrest .arrant. *D, #he measure ensurin/ e0ecution of the imprisonment shall be terminated if the enforceability of the punishment is terminated.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. 2+
*<, If the court applied an e0pulsion a/ainst a convict in parallel .ith imprisonment not be e0ecuted, and the peremptory rulin/ becomes final and bindin/ on its announcement, then, for the e0ecution of the e0pulsion, the court orders the collection of the convict to the competent immi/ration control authority. For the e0ecution of the arrest, the chairman of the council contacts the police. (ostponement of the execution of the imprisonment A!tic(e ,5 *+, If the remainin/ part of the imprisonment is less than t.o years, the chairman of the council may approve the postponement of the start of the imprisonment for ma0imum three months at the convicts re5uest, for an important reason, especially if this concerns the convicts personal or family conditions. *2, If the convicts illness directly threatens their life, the chairman of the council a) may approve a postponement of a definite period of time lon/er than the postponement period defined in )ection *+,, b) may e0tend the postponement allo.ed on the basis of )ection *+,, c) may approve the postponement of the start of the e0ecution of the imprisonment even in cases .hen the remainin/ part of the imprisonment is lon/er than t.o years. *3, #he start of the e0ecution of the imprisonment shall be postponed A .ithout a re5uest, e0 officio, too A in the case of a convict .ho a) is pre/nant over the +2th .ee@, ma0imum until the end of the si0th month follo.in/ the e0pected date of the birth, b) is loo@in/ after a baby under si0 months. *4, In the case of )ection *2, hereof, the chairman of the council determines the e0istence of the health conditions of the postponement on the basis of the opinion of the forensic e0pert, and ma@es a decision on the re5uest by considerin/ the statement of the head of the health service of the Cun/arian %rison )ervice on the possibility of mana/in/ the convicts health condition .ithin the frame.or@ of imprisonment. *>, For the purposes of )ection *3, a) hereof, in the event of a stillborn child, or if the child died subse5uently to birth, the prison sentence shall commence .ithin si0 .ee@s, on court order. If the child is finally or permanently removed from the convicts care, the e0ecution of the imprisonment A as soon as the .omans health condition allo.s that after the birth A shall be immediately commenced. At the re5uest of the chairman of the council, the health condition of the .oman after birth shall be determined by the head of the health service of Cun/arian %rison )ervice. *=, In the case of conditions defined in )ections *+,2*3, hereof, the e0ecution of the imprisonment shall not be postponed if it seriously threatens public security or public order, or if there is a chance for the convicts escapin/ or hidin/. *D, If the minister for -ustice postponed or interrupted the e0ecution of the punishment accordin/ to Article >;< *2, of the Code of Criminal %rocedure, the court shall suspend the decision
on the re5uest for postponement as lon/ as the postponement or interruption accordin/ to Article >;< *2, of the Code of Criminal %rocedure e0ists. *<, #he competent commander *superior, of the convict shall be informed of the postponement of the e0ecution of a soldiers imprisonment. *;, If the application for the postponement of the e0ecution of the imprisonment is submitted at a time .hen the arran/ement is not possible before the date fi0ed for the start of the e0ecution, the chairman of the council shall not assess the re5uest, and shall inform the applicant about it. If the imprisonment has already been started, the re5uest shall be sent to the la. enforcement institution for the possible interruption of the e0ecution of the imprisonment. (ostponement of the execution of the custody A!tic(e 0* *+, #he chairman of the council may approve the postponement of the start of the custody for ma0imum three months at the convicts re5uest, for an important reason, especially because of the convicts personal or family conditions. *2, If the convicts illness directly threatens their life, the chairman of the council a) may approve a postponement of a definite period of time lon/er than the postponement defined in )ection *+, hereof, b) may e0tend the postponement approved on the basis of )ection *+, hereof. *3, #he start of custody shall be postponed A .ith or .ithout a re5uest, e0 officio, A in the case of a convict .ho a) is pre/nant over the +2th .ee@, ma0imum until the end of the +2th month follo.in/ the e0pected date of the birth, b) is loo@in/ after a baby under the a/e of one. *4, In the event of )ection *2, hereof, the chairman of the council determines the e0istence of the health conditions of the postponement on the basis of the opinion of the forensic e0pert, and ma@es a decision on the re5uest by considerin/ the statement of the head of the health service of Cun/arian %rison )ervice on the possibility of mana/in/ the convicts health condition .ithin the frame.or@ of imprisonment. *>, In the case of )ection *3, a), if the child .as born dead, or died subse5uently, the e0ecution of the imprisonment shall be commenced .ithin si0 .ee@s, at the re5uest of the court. If the child is finally or permanently removed from the convicts care, the e0ecution of the imprisonment A as soon as the .omans health condition allo.s that after the birth A shall be immediately commenced. At the re5uest of the chairman of the council, the health condition of the .oman after birth shall be determined by the head of the health service of Cun/arian %rison )ervice. *=, In the case of conditions defined in )ections *+,2*4,, the postponement is not possible if it seriously threatens public security or public order, or if there is a chance for the convicts escapin/ or hidin/.
*D, If the application for the postponement of the e0ecution of the custody is submitted at a time .hen the arran/ement is not possible before the date fi0ed for the start of the e0ecution, the chairman of the council shall not assess the re5uest, and shall inform the applicant about it. If the custody has already been started, the re5uest shall be sent to the la. enforcement institution for the possible interruption of the custody. (ostponement of the execution of community work A!tic(e 0+ *+, #he chairman of the council may approve the postponement of the start of the community .or@ at the convicts re5uest for ma0imum three months, for an important reason, especially concernin/ the convicts personal and family conditions. *2, If the convicts illness directly threatens their life, the chairman of the council a) may approve a postponement of a definite period of time lon/er than the postponement defined in )ection *+, hereof, b) may e0tend the postponement approved on the basis of )ection *+, hereof. *3, #he commencement of the e0ecution of the community .or@ shall be postponed A .ithout re5uest, e0 officio A in the case of a convict .ho a) is pre/nant over the +2th .ee@, ma0imum until the end of the +2th month follo.in/ the e0pected date of the birth, b) is loo@in/ after a baby under the a/e of one. *4, In the case of )ection *2,, the chairman of the council determines the e0istence of the health conditions of the postponement on the basis of the opinion of the forensic e0pert. *>, If the application for the postponement of the e0ecution of the community .or@ is submitted at a time .hen the arran/ement is not possible before the date fi0ed for the start of the e0ecution, the chairman of the council shall not assess the re5uest, and shall inform the applicant about it, and shall send the re5uest to the -ud/e overseein/ la. enforcement and to the probation officer to ta@e steps A if possible A to interrupt the e0ecution of the community .or@. *=, If the convicts child .as born dead, or died subse5uently, the e0ecution of the community service shall be commenced .ithin si0 .ee@s, at the re5uest of the court. *D, #he e0ecution of the punishment shall be immediately started if a) the child is removed from the convicts care for /ood or permanently and the health of the .oman after the birth allo.s it, b) the disbursement of the childcare fee, childcare allo.ance or childcare supplement to the convict is terminated before one year has passed, c) the convicts detention or house arrest is terminated, unless there is an obstacle in the .ay of carryin/ out the community service accordin/ to this Act. *<, #he forensic e0pert determines the state of health after birth accordin/ to )ection *D, a,. Authorisation to defer or pay a fine in instalments
A!tic(e 0) *+, If the convict considers that the payment of the fine immediately or in one amount is li@ely to cause si/nificant financial difficulties for him or their dependants to an e0tent e0ceedin/ the purpose of the punishment, and there is a /ood reason to suppose that in the e0tended period of time the convict .ill fulfil their payment obli/ation on time, the court may allo. deferral by ma0imum three months or payment in instalments .ithin t.o years. *2, #he deferral of the payment of a fine may be prolon/ed A for /ood reasons A once for a ma0imum of three months. *3, %ayment in instalments may be allo.ed in amounts .hich can be divided by the daily sum stated in the sentence and are to be paid monthly. *4, ?hen a fine is replaced for imprisonment, no postponement or payment in instalments is allo.ed. (ostponement of correction in a young offender institution A!tic(e 0, *+, #he chairman of the council may postpone the correction in a youn/ offender institution ordered in the final sentence a/ainst a -uvenile accordin/ to the conditions determined in Article 3; *+,. *2, If the -uvenile persons health condition -ustifies it, a deferral for more than three months or a repeated postponement may also be allo.ed. (rocedural rules of authorising deferral and payment in instalments A!tic(e 00 *+, #he re5uest for deferral or payment in instalments shall not have suspensory effect. *2, If the defendant has submitted the re5uest immediately after the peremptory rulin/s becomin/ final, the court ma@in/ the peremptory rulin/ shall decide about the re5uest. #he court shall e0plain its decision. *3, #he assessment of a re5uest submitted by the defendant late shall be /overned by the rules of special procedures *Chapter ::I: of the Code of Criminal %rocedure,. A -udicial secretary can also ma@e a decision on the re5uest. *4, ?ith re/ard to the penalty, the fine and the criminal char/e due to the state, the decision made in the sub-ect of authorisin/ the postponement or the payment in instalment may not be appealed. *>, #he prosecutor, the convict and the defendin/ counsel may appeal a/ainst the decision made in the sub-ect of imprisonment, custody, community service or education in secure trainin/ centre. If the postponement has been authorised by the court of appeal accordin/ to )ection *2,, then
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. 2>
#itle I( of Chapter :I( of the Code of Criminal %rocedure shall apply to the assessment of the appeal. *=, ?hen the punishment is imprisonment, in the scope defined in Article 3; *2, and *3, A considerin/ Article 3; *4, A the chairman of the council, if necessary, shall ta@e measures .ith the -ud/e overseein/ la. enforcement for @eepin/ the e0ecution suspended. *D, #he convict has a reportin/ obli/ation re/ardin/ all facts or circumstances that serve as the basis of orderin/ the enforcement. If they fail to do that, a fine may be imposed on him. In the decision authorisin/ the postponement, the convict shall be informed about their reportin/ obli/ation and the le/al conse5uences of failin/ to meet it. *lemency procedure A!tic(e 01 *+, A proposition for pardon A e0 officio or on re5uest A may be submitted for a punishment that has not been e0ecuted yet, for release on probation, for the cancellation or reduction of reparation .or@ or correction in a youn/ offender institution, and for a release from disadvanta/es related to havin/ a criminal record by the !inister of Fustice to the Chairman of the &epublic. *2, No re5uest for pardon may be submitted for the reduction or release of measures not listed in )ection *+, or for the subse5uent cancellation of an already e0ecuted punishment or measure. *3, A re5uest for pardon can be submitted by the convict, the defendin/ counsel, the -uvenile persons le/al representative and a relative of the convict. *4, A re5uest for pardon for punishments not e0ecuted yet, for the release or reduction of measures listed in )ection *+, or for the release from disadvanta/es associated .ith havin/ a criminal record shall be submitted to the court that acted in first instance. *>, In the course of the pardon procedure, the chairman of the council of the court of first instance obtains and handles the convicts personal data necessary for the decision. *=, #he chairman of the council submits the documents containin/ the data necessary for the decision and the re5uest for pardon to the !inister of Fustice. A!tic(e 02 *+, urin/ the preparation of the proposal, the !inister of Fustice A .ith suspensory effect on the start of the e0ecution of the punishment A may order medical e0amination of the convict in the Central Cospital of the Cun/arian %rison )ervice *hereinafter 7Central Cospital8, or in the Forensic !onitorin/ and !ental Cealth Institution *hereinafter 7F%!I8,, and the collection of additional documents. *2, In the case of a re5uest or proposition for the release or the reduction of a punishment or measure, the !inister of Fustice may order the postponement or the interruption of the punishment or the correction in a youn/ offender institution until the Chairman of the &epublic ma@es their decision.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. 2=
*3, #he !inister of Fustice submits the re5uest for pardon to the Chairman of the &epublic even if they do not ma@e a proposition for e0ercisin/ a clemency. *4, #he chairman of the council of the court of first instance delivers the decision about the pardon to the convict and the person .ho submitted the proposition for pardon. *>, If the convict serves their imprisonment or correction in a youn/ offender institution, the !inister of Fustice delivers the decision about the pardon directly throu/h the la. enforcement institution or the secure trainin/ centre, and at the same time they informs the court of first instance, too, by sendin/ them the decision of pardon. *=, If the Chairman of the &epublic /rants a pardon, the notice sent to the convict includes information about the le/al conse5uences of the pardon, too. Duties of the judge overseeing law enforcement and of the law enforcement group during enforcement A!tic(e 03 *+, urin/ the e0ecution of punishments and measures, the duties of the court are carried out by the -ud/e overseein/ la. enforcement, operatin/ at the court of -ustice and appointed by the chairman of the court, or, in the case of a soldier convicted in a military criminal proceedin/, the duties of the -ud/e overseein/ la. enforcement are carried out by a military -ud/e appointed by the chairman of the court of -ustice *hereinafter bothB -ud/e overseein/ la. enforcement,. In some cases la. enforcement duties can be carried out by another -ud/e appointed by the chairman of the court of -ustice, too. *2, In order to facilitate the e0ecution of punishments and measures, and to control them, there is a la. enforcement /roup .ith a competence coverin/ the competence of the court of -ustice. *3, #he .or@ of the la. enforcement /roup is or/anised, controlled and inspected by the -ud/e overseein/ la. enforcement, appointed by the chairman of the court of -ustice. A!tic(e 04 *+, #he -ud/e overseein/ la. enforcement A accordin/ to the order defined by the statutes A shall send the documents necessary to the e0ecution of the punishments and measures to the or/anisation responsible for e0ecution. *2, In the case of imposin/ imprisonment A includin/ imprisonment pursuant to Articles => and =D 2, community service or correction in a youn/ offender institution, the -ud/e overseein/ la. enforcement A before the measures pursuant to )ection *+, and accordin/ to the provisions of a separate statute A shall investi/ate if a) there is any reason that e0cludes the e0ecution of the punishment or measure, or any other obstacle in the .ay of e0ecution accordin/ to this Act, b) the convict has spent enou/h time in pre2char/e detention or house arrest and has already served the imposed imprisonment, the imprisonment pursuant to Articles => and =D, the community service or the correction in a youn/ offender institution, or a decision is necessary on the release on parole from imprisonment or on the temporary dischar/e from the secure trainin/ centre.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. 2D
*3, #he -ud/e overseein/ la. enforcement determines the e0istence of any obstacles in the .ay of e0ecution under this Act in a decision. A!tic(e 05 *+, #he -ud/e overseein/ la. enforcement arran/es for the e0ecution on the basis of the decision about the authorisation of postponement. *2, If the court that acted in the criminal case has sent a re5uest for @eepin/ the enforcement suspended A accordin/ to Article 44 *=, herein A in connection .ith the re5uest for postponement, the -ud/e overseein/ la. enforcement shall ma@e sure that the order to start the punishment is not sent to the convict, or A if the convict does not sho. up in the la. enforcement institution on the set day A they shall not issue an arrest .arrant. If the convict has been admitted by la. enforcement institution, the -ud/e overseein/ la. enforcement shall immediately inform the court that sent the re5uest to for.ard the re5uest for interruptin/ the enforcement. *3, #he -ud/e overseein/ la. enforcement A pursuant to Article 3; A may authorise the postponement of the start of the imprisonment that replaces community service or a fine, on the convicts re5uest submitted either immediately on the announcement of the decision about the chan/e or .ithin ei/ht days from the delivery of the decision. #he -ud/e overseein/ la. enforcement shall e0plain their decision. After fifteen days from the last day of the missed deadline there is no opportunity for certification. #here is no appeal a/ainst the decision re/ardin/ the postponement. #he provisions of Article 44 *=, and *D, shall apply as necessary. ,eneral procedural rules of action by the judge overseeing law enforcement A!tic(e 1* *+, #he -ud/e overseein/ la. enforcement a) shall act as a sole -ud/e, b) in cases determined in this Act, they can ma@e a decision on the basis of documents, in this case they can obtain the statement of the prosecutor and the convict. #he prosecutor and the convict can ma@e a statement .ithin ei/ht days from the call of the court9 in other cases, or if they feel it necessary, the -ud/e can hear the convict, in the case of recordin/ evidence, they can hold a trial, the prosecutor, the representative of the body responsible for the enforcement and the defendin/ counsel may be present at the convicts hearin/, the presence of the prosecutor and the defendin/ counsel is mandatory, and the presence of the representative of the body responsible for the enforcement is optional, c) unless stipulated other.ise by this Act, they set the date for the hearin/ to a date .ithin fifteen days of receivin/ the motion, or A in the case of an e0 officio proceedin/ A .ithin fifteen days of becomin/ a.are of the fact or condition servin/ as the basis of the procedure, in case of a detained convict, .ithin ei/ht days, and sets the date for the trial to a date .ithin thirty days, or in the case of a detained convict, .ithin fifteen days, d) in a proceedin/ initiated at the re5uest of the convict or their defendin/ counsel or at the courts re5uest for revie., they obtain the opinion of the prosecutor and the body responsible for the enforcement, sets the date for the hearin/ .ithin fifteen days from their receipt or the date for the trial .ithin thirty day9 if they ma@e the decision on the basis of the documents, they evaluates the re5uest .ithin fifteen days, e) holds the hearin/ and the trial in the buildin/ of the court, or, if the convict is in custody, in the la. enforcement institution or the secure trainin/ centre,
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. 2<
f) ma@es a decision durin/ the proceedin/ A unless this Act stipulates other.ise A that is sub-ect to appeal, g) terminates the procedure if the prosecutor .ithdra.s their motion, or the proposal or the re5uest has been .ithdra.n, h) repeals their decision if a decision of the court actin/ in first instance in the criminal proceedin/ made in any procedure pursuant to #itle II of Chapter ::I: of the Code of Criminal %rocedure ma@es it necessary, and proceeds in the same .ay if they realises e0 officio that any of their orders does not comply .ith the la.. In these cases, they ma@e a ne. decision accordin/ to the rules determined in Chapter ::I: of the Code of Criminal %rocedure, i) suspends the procedure if the convict has left to an un@no.n place or is abroad and steps need to be ta@en for e0tradition or transfer under a "uropean arrest .arrant, or they re5uested the court of first instance actin/ in the criminal case to carry out a proceedin/ accordin/ to #itle II of Chapter ::I: of the Code of Criminal %rocedure, j) may issue an arrest .arrant for the convict stayin/ at an un@no.n place, k) may order an investi/ation by e0perts if necessary. *2, %rocedures determined in this Chapter A unless this Act stipulates other.ise A shall be carried out by the -ud/e overseein/ la. enforcement that is competent at the seat of the or/anisation or or/anisational unit or secure trainin/ centre responsible for the enforcement, .here the punishment or action servin/ as the base of the proceedin/ is e0ecuted. *3, From the proceedin/s re/ulated in this Chapter, .here this Act does not prescribe the hearin/ of the convict, the duties of the -ud/e overseein/ la. enforcement can be e0ecuted by a -udicial secretary .ith independent si/nin/ authority appointed by the chairman of the court. #he -udicial secretary ma@es decisions on the basis of documents. *4, #he appeal a/ainst the order of the -ud/e overseein/ la. enforcement is assessed by the courts council of the second de/ree at a councils meetin/, and if evidence is recorded, at a trial. #he prosecutor and the defendin/ counsel must attend the trial. *>, #he criminal char/e incurred durin/ the proceedin/s determined in this Chapter A unless this Act stipulates other.ise and .ith the e0ception of )ection *+, g) A shall be borne by the convict. *=, Unless stipulated other.ise in this Act or in any other act, the rules of criminal proceedin/s shall apply to the proceedin/ of the -ud/e overseein/ la. enforcement. A!tic(e 1+ *+, An appeal a/ainst the order of the -ud/e overseein/ la. enforcement, if it .as communicated throu/h announcement, shall be submitted immediately, and if it .as communicated throu/h delivery, the appeal shall be submitted in .ritin/ .ithin three .or@in/ days. After fifteen days from the last day of the missed deadline there is no opportunity for certification. #he appeal A unless stipulated other.ise in this Act A has a suspensory effect on the e0ecution. *2, #he prosecutor, the convict, the defendin/ counsel *.ith or .ithout the convicts consent, and the -uvenile persons le/al representative shall be entitled to submit an appeal. *3, If the deadline for the appeal has e0pired for all entitled parties, the -ud/e overseein/ la. enforcement submits the documents to the council of second instance of the court immediately or .ithin ma0imum three .or@in/ days.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. 2;
*4, #he court shall assess the appeal .ithin fifteen days from the arrival of the documents at the court A in case of a convict in custody, .ithin ei/ht days A at the councils meetin/, or in the case of recordin/ evidence, at a trial. #he deadline of the trial shall be set on a date .ithin thirty days, in the case of a convict in custody, .ithin fifteen days from filin/ the appeal. *>, 'n the basis of the le/al remedy reported for the sa@e of le/ality specified in Article 43+ of the Code of Criminal %rocedure, the )upreme Court A .hen the violation of the la. is identified A may chan/e or repeal the appealed decision and, if necessary, may order the relevant court to start a ne. procedure. (roceeding to modify the sentence severity of the imprisonment A!tic(e 1) *+, #he la. enforcement institution submits a proposal to the -ud/e overseein/ la. enforcement for the modification of the sentence severity of the imprisonment and for repealin/ the decision on the settin/ of a li/hter de/ree. *2, #he modification of the sentence severity of the imprisonment can be initiated by the convict or their defendin/ counsel .ithin si0 months of the admission of the convict at the earliest. #he la. enforcement institution shall for.ard the re5uest A to/ether .ith its evaluatin/ opinion and su//estions A to the -ud/e overseein/ la. enforcement. If this Act e0cludes the settin/ of a li/hter de/ree or the re5uest repeatedly submitted .ithin one year does not refer to ne. circumstances, the la. enforcement institution may s@ip the preparation of the evaluatin/ opinion and su//estions. *3, 'n the basis of the convicts chan/ed behaviour, the court may repeal the decision about the settin/ of a li/hter de/ree. *4, #he -ud/e responsible for la. enforcement may refuse the re5uest .ithout e0planation, if a) this Act e0cludes the application of a li/hter sentence severity, b) the convict or their defendin/ counsel do not refer to ne. circumstances in a re5uest repeatedly submitted .ithin si0 months, e0cept in the case .hen a ne. re5uest is submitted after the refusal of the earlier re5uest, follo.in/ a time period defined ++= *2, a)#c)*>, In the case of a re5uest for settin/ a li/hter sentence severity, the -ud/e overseein/ la. enforcement may s@ip the hearin/ of the convict. *=, In the case of the refusal of a proposal for settin/ a li/hter sentence severity, for chan/in/ the sentence severity or for repealin/ the decision about the settin/ of a li/hter de/ree, the criminal char/e is borne by the state. .itigation of execution rules A!tic(e 1, *+, #he la. enforcement institution may submit a re5uest to the -ud/e overseein/ la. enforcement for the application of rules of enforcement li/hter than the /eneral rules of the prison or the correctional institution, or for the termination of the application of such rules.
*2, #he convict or their defendin/ counsel may also initiate the application of li/hter rules of enforcement. #he la. enforcement institution A .ith its evaluatin/ opinion and su//estions A for.ards the re5uest to the -ud/e overseein/ enforcement .ithin fifteen days. If this Act e0cludes the application of li/hter rules of enforcement or the re5uest repeatedly submitted .ithin one year does not refer to ne. circumstances, the la. enforcement institution may s@ip the preparation of an evaluatin/ opinion and su//estions. *3, In the sub-ect of a proposal for the application of li/hter rules of enforcement, the -ud/e overseein/ la. enforcement can ma@e their decision on the basis of the documents9 they shall hold a hearin/ in the sub-ect of the proposal submitted by the convict or the defendin/ counsel A .ith the e0ception of the cases specified in )ection *4,. *4, #he -ud/e overseein/ la. enforcement may refuse the re5uest .ithout e0planation, if
a, this
Act e0cludes the application of li/hter rules of enforcement, b, the convict or their defendin/ counsel do not refer to ne. circumstances in a re5uest repeatedly submitted .ithin si0 months, e0cept in the case .hen a ne. re5uest is submitted after the time period specified in Article +6> *2, a)#b) follo.in/ refusal of the earlier re5uest. *>, If miti/ation of the e0ecution rules or cancellation of the termination of their application is ordered, the criminal char/e shall be borne by the state. Subse%uent determination of the sentence severity of the imprisonment A!tic(e 10 *+, If the imprisonment A accordin/ to the sentence A should be e0ecuted in -uvenile correctional institution or -uvenile prison, but the convict turns t.enty2one years of a/e before startin/ the e0ecution of the punishment, the -ud/e overseein/ la. enforcement A and competent accordin/ to the home, or in lac@ of that, the place of residence A determines the sentence severity e0 officio, based on the documents, pursuant to Article 3D of the Criminal Code, and may determine a sentence severity one de/ree li/hter than the de/ree determined in Article 3> *2, of the Criminal Code. *2, If the convict turns t.enty2one years of a/e durin/ the e0ecution of the punishment in a -uvenile correctional institution or -uvenile prison, the la. enforcement institution ma@es a proposition to the -ud/e overseein/ la. enforcement for the determination of the sentence severity accordin/ to Article 3D of the Criminal Code, and, considerin/ the behaviour of the -uvenile durin/ the enforcement, for the application of Article 3> *2, of the Criminal Code. *3, If the proposition covered the application of Article 3> *2, of the Criminal Code, too, the -ud/e overseein/ la. enforcement shall hold a hearin/, and in other cases, the -ud/e overseein/ la. enforcement shall decide the sentence severity on the basis of the documents, accordin/ to Article 3D of the Criminal Code. ?hen determinin/ the sentence severity of the imprisonment, the -ud/e overseein/ la. enforcement A accordin/ to Article 3> *2, of the Criminal Code A may determine a sentence severity one de/ree li/hter than the de/ree determined by la., in a .ay that beyond the aspects determined by the act the -uveniles behaviour durin/ e0ecution of imprisonment should also be analysed. *4, #he criminal char/e shall be borne by the state.
Establishment of the exclusion of release on parole A!tic(e 11 *+, #he e0clusion of release on parole accordin/ to the criteria defined in Article <> *+, is proposed by la. enforcement institution A on the commencement of the imprisonment A to the -ud/e overseein/ la. enforcement. *2, #he -ud/e overseein/ la. enforcement shall ma@e a decision .ithin five days of the receipt of the proposal. *3, If the opportunity for the release on parole is e0cluded, the criminal char/e is borne by the state. (roceeding related to a convict who developed mental impairment during the execution of the imprisonment A!tic(e 12 *+, In the case of symptoms referrin/ to the mental impairment of the convict, the la. enforcement institution shall ma@e a proposition to the -ud/e overseein/ la. enforcement for the chan/e of the place of servin/ a life sentence. *2, #he -ud/e overseein/ la. enforcement orders the collection of the forensic psychiatric e0perts opinion. #.o e0perts shall be used in this procedure, if the convict is transferred to the I/a1sI/J/yi !e/fi/yelK Ls "lme/yM/yNtM IntL1et *Forensic !onitorin/ and !ental Cealth Institution, hereinafter 7I!"I8, in an ur/ent measure, a doctor of this institution may act as one of the e0perts in the formulation of the forensic psychiatric e0perts opinion. *3, If the e0perts opinion confirms that the convict has a mental impairment, the -ud/e overseein/ la. enforcement shall assi/n the I!"I as the place of servin/ the imprisonment. *4, If the e0perts opinion says that the convict should be placed under /uardianship or a provisional /uardian should be appointed for him, the -ud/e overseein/ la. enforcement shall ma@e a proposal to the prosecutor for the initiation of the placin/ under /uardianship or the appointment of a provisional /uardian. *>, #he convicts mental status shall be e0amined semi2annually. 'n the basis of a favourable chan/e in the mental status of the convict, the director /eneral head physician of the I!"I may immediately propose to the -ud/e overseein/ la. enforcement that the convict is returned to the la. enforcement institution. In the course of the e0amination and the assessin/ of the proposal of the director /eneral head physician of the I!"I for the restoration of the ori/inal place of imprisonment, the -ud/e overseein/ la. enforcement shall order the repeated e0amination of the convict by a psychiatric e0pert. *=, If, accordin/ to the ne. e0perts opinion, on the basis of the chan/e in the mental status of the convict, it is not -ustified any lon/er to @eep the convict in the I!"I, the -ud/e overseein/ la. enforcement shall order the return of the convict to the la. enforcement institution. *D, If the e0perts opinion says that the placin/ of the convict under /uardianship or the appointment of a provisional /uardian should be terminated, the -ud/e overseein/ la. enforcement
shall ma@e a proposal to the prosecutor to initiate the termination of placin/ under /uardianship or to terminate the employment of the provisional /uardian. *<, If the convict .as not returned t.o months before the e0piry of the term of imprisonment or the due date of the release on parole, the -ud/e overseein/ la. enforcement shall order the e0amination of the convict by the forensic psychiatric e0pert, unless the previous e0perts opinion .as produced .ithin t.o months. If the e0perts opinion says that the further treatment of the convict is necessary, the director /eneral head physician of I!"I shall initiate the psychiatric treatment of the convict accordin/ to the act on the health service. *;, #he criminal char/es shall be borne by the state. Order and termination of reintegration custody A!tic(e 13 *+, #he reinte/ration custody shall be proposed by la. enforcement institution to the -ud/e overseein/ la. enforcement. *2, urin/ the service of the imprisonment, the convict or their defendin/ counsel may also initiate the orderin/ of the reinte/ration custody on one occasion. #he la. enforcement institution shall for.ard the re5uest to the -ud/e overseein/ la. enforcement A .ith its evaluatin/ opinion and proposal A .ithin thirty days, and if the deadline accordin/ to Article 23> *+, has already e0pired, immediately. *3, ?hen reinte/ration custody is ordered, the -ud/e overseein/ la. enforcement determines the apartment that .ill serve as the place of residence for the convict. In the order, they determine the purposes and the time periods for leavin/ the selected apartment and the attached enclosed area A primarily for the provision of the usual needs of everyday life, .or@ or medical treatment. *4, #he criminal char/es of the proceedin/ related to the orderin/ of reinte/ration custody shall be borne by the state. A!tic(e 14 *+, 'n the proposition of the la. enforcement institution, the -ud/e overseein/ la. enforcement shall ma@e an immediate decision on the termination of the reinte/ration custody. *2, If the reinte/ration custody is terminated, the -ud/e overseein/ la. enforcement shall issue an arrest .arrant, too, in parallel .ith the ma@in/ of the decision, if the convict is at an un@no.n place. *3, ?hen the reinte/ration custody is terminated, the criminal char/es are borne by the convict. (roceeding for release on parole A!tic(e 15 *+, #he -ud/e overseein/ la. enforcement shall ma@e a decision on the release on parole *Articles 3<, 3; and 42243 of the Criminal Code, on the basis of the proposal of the la.
enforcement institution, before the possible date of the release on parole A unless the convict has already spent enou/h time in pre2char/e detention that the due date has already come A after the hearin/ of the convict. *2, Eefore the decision is made, the -ud/e overseein/ la. enforcement A provided that the time available until the possible date of the release on parole is at least t.o months A may order the collection of the supervisin/ probation officers opinion. *3, For the formulation of the supervisin/ probation officers opinion mentioned in )ection *2,, the supervisin/ probation office shall hear the convict at least t.o months before the possible date of the parole in the la. enforcement institution, and from that date on, they may re/ularly contact the convict. 4, #he -ud/e overseein/ la. enforcement may order supervisin/ probation for the convict released on parole from an imprisonment of definite term *Article =; of the Criminal Code, and may stipulate individual rules of behaviour for the convict on the basis of Article D+ *2,2*3, of the Criminal Code. *>, #he -ud/e overseein/ la. enforcement may prescribe individual rules of behaviour for the convict released on parole from a life sentence, accordin/ to Article D+ *2,2*3, of the Criminal Code. *=, If the -ud/e overseein/ la. enforcement did not release the convict on parole, they may re2e0amine the possibility of release on parole later. In this case, they may order the collection of a supervisin/ probation officers opinion. *D, If the -ud/e overseein/ la. enforcement did not release the convict on parole, the convict or the convicts defendin/ counsel may also initiate the provisional release on parole. #he la. enforcement institution shall for.ard the re5uest A .ith its evaluatin/ opinion and proposal A to the -ud/e overseein/ la. enforcement .ithin thirty days. If the re5uest submitted repeatedly .ithin a year refers to no ne. conditions, the la. enforcement institution may s@ip the production of the evaluatin/ opinion and proposal. *<, If the -ud/e overseein/ la. enforcement has not releases the convict servin/ a life sentence on parole, they shall re2e0amine the possibility of release on parole .ithin t.o years at the latest, and then on an annual basis. In such cases, the collection of the supervisin/ probation officers opinion may also be re5uested. A!tic(e 2* *+, %rovided that, .ith a vie. to the time period spent on remand or in house arrest by the convict, it is -ustified or ordered by the -ud/e overseein/ la. enforcement, the la. enforcement institution may submit an e0traordinary proposal for parole9 .hile in other cases such a proposal shall be submitted three months before the possible date of parole. *2, %arole shall be decided in an e0traordinary order if, in consideration of the time period spent on remand or in house arrest, the convict could be released on parole on the date .hen the sentence becomes final. *3, #he -ud/e overseein/ la. enforcement shall notify the la. enforcement institution9 the defendant, and if the defendant is not incarcerated or is a minor, their le/al /uardian9 the prosecutor9
furthermore if a hearin/ of the probation officer is re5uired, also the probation officer, of the date and time of the hearin/. *4, )hould the -ud/e overseein/ la. enforcement notice that pursuant to the provisions of Article 3< *4, b), c) and d) of the Criminal Code *Criminal Code,, furthermore Article 4> *D, of the Criminal Code *Criminal Code,, the convict should have been e0cluded from the allo.ance of parole at the time .hen the sentence .as delivered, in order to conduct the proceedin/s set forth under Article >>D of Act :I: of +;;< on Criminal %rocedure the -ud/e overseein/ la. enforcement shall contact the court of first instance and shall suspend the proceedin/s until the order of the court of first instance is made. )hould the -ud/e overseein/ la. enforcement establish that the minimum term of imprisonment set forth under Article 3< *2, of the Criminal Code has not been spent yet, the release on parole shall be omitted. *>, If the data re5uired for the release on parole are missin/, but can be obtained .ithin a short time, instead of the omission of the release on parole the -ud/e overseein/ la. enforcement shall ad-ourn the hearin/ and set a ne. deadline for the hearin/. *=, #he cost of criminal proceedin/s shall be borne by the state. A!tic(e 2+ *+, %rovided the -ud/e overseein/ la. enforcement has ordered the release of the convict on parole, but the -ud/e is notified by la. enforcement institution before the effective date of the release on parole that the convict has committed a /rave disciplinary offence, the -ud/e overseein/ la. enforcement shall revie. the release on parole and the court order may be revo@ed accordin/ly. *2, If the -ud/e overseein/ la. enforcement has not released on parole the convict .ho has not been incarcerated, on the re5uest of the convict the -ud/e may /ive permission to the postponement set forth under Article 3;. *3, )hould the prosecutor file an appeal a/ainst the order for the release on parole, this shall effect the postponement of the commencement of the parole. #he prosecutor shall notify the la. enforcement institution about the appeal at the time of the submission thereof. *4, If the court of appeal upholds the order, the la. enforcement institution shall be notified for the release .ithout delay. *++, In the case described under %ara/raph *;, if the court of appeal upholds the order, the cost of criminal proceedin/s shall be borne by the state. A!tic(e 2) *+, If the -ud/e overseein/ la. enforcement omits the release of the convict on parole, but considers that the convict may be released on parole later, the -ud/e shall call on the la. enforcement institution to ma@e another proposal on the date set by the institution, .hich a) for an imprisonment of up to five years may not be submitted .ithin less than three months from the date of the order on the omission of the release on parole, b) for an imprisonment e0ceedin/ five years may not be submitted .ithin less than si0 months from the date of the order on the omission of the release on parole.
*2, #a@in/ into account the lastin/ and si/nificant improvement in the behaviour of the convict, the la. enforcement institution may submit a proposal a/ain if a period of si0 months has already passed from the date of the order on the omission of the release on parole issued by the -ud/e overseein/ la. enforcement. *3, #he cost of criminal proceedin/s shall be borne by the state. (roceeding for the termination of parole A!tic(e 2, *+, If due to the serious violation of the rules of conduct the termination of the parole may be -ustified, the prosecutor shall submit a motion to the -ud/e overseein/ la. enforcement havin/ -urisdiction at the place of residence of the convict. *2, If precedin/ hisOher arrest the convict .as hidin/ from authorities, or if ta@in/ into account the term of imprisonment to be enforced, or for other reasons it can be reasonably assumed that the convict .ould .ithdra. from the enforcement of the sentence by escapin/ or hidin/, or it is reasonably presumed that the person to receive the sentence of imprisonment .ould commit another crime, follo.in/ the submission of the motion by the prosecutor, the -ud/e overseein/ la. enforcement may order the temporary e0ecution of a prison sentence. *3, #he rulin/ shall also set forth the term of the temporary e0ecution of a prison sentence, .hich can be e0tended up to the term of imprisonment remainin/ in case the parole is terminated, but may not be more than thirty days. #he rulin/ may be enforced irrespective of an appeal. *4, #he term of temporary e0ecution of a prison sentence ordered by the prosecutor shall not be more than five days. A complaint a/ainst the decision of the prosecutor set forth in Act :I: of +;;< on Criminal %rocedure may be submitted. *>, #he cost of criminal proceedin/s shall be borne by the state if the motion submitted by the prosecutor is re-ected. Statement of the termination of community service A!tic(e 20 *+, #he -ud/e overseein/ la. enforcement shall state the termination of the enforcement of community service e0 officio, or in response to the proposal submitted by the probation officer provided that the reasons determined under Article 2<= e0ist and are supported by documents. #he proceedin/s shall also be conducted on re5uest of the convict. *2, #he proceedin/ shall be conducted by the -ud/e overseein/ la. enforcement havin/ -urisdiction at the .or@place desi/nated for the enforcement of community service, or if no desi/nation has been made, the -ud/e competent at the residence, or in absence thereof at the location of the convict. *3, #he cost of criminal proceedin/s shall be borne by the state. *onversion of community service to imprisonment
A!tic(e 21 *+, Ey reason of a refusal or non2performance of community service, its conversion to imprisonment shall be proposed in a motion submitted to the -ud/e overseein/ la. enforcement by the prosecutor based on the report of the probation officer. *2, #he proceedin/ shall be conducted by the -ud/e overseein/ la. enforcement havin/ -urisdiction at the .or@place desi/nated for the enforcement of community service, or if no desi/nation has been made, the -ud/e competent at the residence, or in absence thereof at the location of the convict. *3, If the motion is accepted by the -ud/e overseein/ la. enforcement, the -ud/e shall determine the term of imprisonment served instead of a community service based on the number of .or@in/ hours not yet performed. )hould there be no reason for conversion, the -ud/e overseein/ la. enforcement shall call upon the probation officer to desi/nate a ne. .or@place. *4, If the convict is spendin/ the probation period of a suspended sentence of imprisonment, at the time of the conversion of community service to imprisonment, the -ud/e overseein/ la. enforcement shall state in the rulin/ that the probation period is e0tended by the term of imprisonment served instead of a community service GArticle <=, *2,2*3, of the Criminal CodeH. *>, An appeal submitted a/ainst the rulin/ on the conversion of the sentence shall have a delayin/ force. *=, #he cost of criminal proceedin/s shall be borne by the state if the motion submitted by the prosecutor is re-ected. *D, #he -ud/e overseein/ la. enforcement may /rant permission for the postponement of the commencement of the imprisonment served instead of a community service for important reasons and may order the submission of the opinion of the probation officer. No appeal may be submitted a/ainst this rulin/. A!tic(e 22 *+, #he -ud/e overseein/ la. enforcement shall convert the community service or the remainin/ term thereof to imprisonment based on the documents, provided that the conditions set forth under Article 4; of the Criminal Code *Criminal Code, are fulfilled. *2, #he cost of criminal proceedin/s shall be borne by the state. *3, No postponement shall be /ranted for the imprisonment served instead of a community service as described under )ection *+, hereof. *onversion of fines to imprisonment A!tic(e 23 *+, #he -ud/e overseein/ la. enforcement shall e0 officio, or in response to the motion submitted by the prosecutor convert fines or the unpaid part thereof to imprisonment based on the documents provided that the conditions set forth under Article >+ of the Criminal Code *Criminal Code, are fulfilled.
*2, #he -ud/e overseein/ la. enforcement shall e0 officio, or in response to the motion submitted by the prosecutor convert the fine to community service, or if this is precluded, convert the fine to imprisonment based on the documents in case the fine is uncollectable and provided that Articles ++2 and ++4 of the Criminal Code *Criminal Code, allo. the conversion of community .or@. *3, #he proceedin/s set forth under )ections *+, and *2, shall be conducted by the -ud/e overseein/ la. enforcement havin/ -urisdiction at the finance office of the court that too@ measures for the enforcement of the fine. *4, If the convict is spendin/ the probation period of a suspended sentence of imprisonment, at the time of the conversion of fine to imprisonment, the -ud/e overseein/ la. enforcement shall state in the rulin/ that the probation period is e0tended by the term of imprisonment served instead of a fine. GArticle <=, *2,2*3, of the Criminal Code *Criminal Code,H. *>, No appeal may be submitted a/ainst the rulin/ made pursuant to )ections *+, and *2, hereof orderin/ the conversion of fine. *=, #he cost of criminal proceedin/s shall be borne by the state. *D, #he -ud/e overseein/ la. enforcement may /rant permission for the postponement of the commencement of the imprisonment served instead of a fine for important reasons. Eefore ma@in/ a decision, the -ud/e may order the submission of the opinion of the probation officer. No appeal may be submitted a/ainst this rulin/. (roceeding for establishing the preclusion of the enforceability of expulsion A!tic(e 24 *+, "0pulsion may not be enforced if any of the restrictions set forth in any of the acts on the admission and residence of individuals havin/ the ri/ht to the freedom of movement and residence, and on the admission and residence of third country nationals is detected. *2, #he statement of the reasons for the refusal of the enforcement of e0pulsion shall be proposed by the prosecutor at the -ud/e overseein/ la. enforcement based on the motion of the immi/ration authority submitted on the re5uest of the convict or e02officio. If the proceedin/ is initiated on the re5uest of the convict directly submitted to the court, the -ud/e overseein/ la. enforcement shall obtain the prosecutorPs motion. *3, #he proceedin/ shall be conducted by the -ud/e overseein/ la. enforcement havin/ -urisdiction at the re/istered office of the immi/ration authority competent at the location of the convict. *4, In response to the prosecutorPs motion submitted on the initiative of the immi/ration authority, but at least every t.o years the -ud/e overseein/ la. enforcement shall revie. the enforceability of the e0pulsion. *>, If the proceedin/ described under )ection *2, hereof .as started e0 officio, the -ud/e overseein/ la. enforcement may omit the hearin/ of the convict.
*=, #he cost of criminal proceedin/s shall be borne by the state. (roceeding related to the probation supervision A!tic(e 25 *+, #he la. enforcement institution shall submit a proposal for orderin/ the probation supervision at the time of the release on parole GArticle =;, *+,, b,H to the -ud/e overseein/ la. enforcement before the effective parole release date. *2, Eefore ma@in/ the rulin/, the -ud/e overseein/ la. enforcement A provided that the time left before the potential parole release date is at least three months A may order the submission of the opinion of the probation officer in order to prescribe specific rules of conduct. *3, #he -ud/e overseein/ la. enforcement shall decide on imposin/ probation supervision in a rulin/ on the release on parole9 should the -ud/e order the probation supervision of the convict, specific rules of conduct may be prescribed. *4, In the event of the mandatory imposition of probation supervision related to the proposal for the release on parole the la. enforcement institution may submit a proposal to the -ud/e overseein/ la. enforcement A in order to re5uest the prescription of specific rules of conduct A to obtain the opinion of the probation officer if it is necessary for more effective prevention at least three months before the potential date of the release on parole. *>, Eased on the proposal referred to in )ection *4, the -ud/e overseein/ la. enforcement may order the opinion of the probation officer to be obtained and may prescribe specific rules of conduct .hen imposin/ probation supervision. *=, In order to prepare the opinion issued by the probation officer described under )ections *2, and *>, the probation officer shall hear the convict in the la. enforcement institution at least t.o months before the potential date of the release on parole and from that date may be in re/ular contact .ith the convict. *D, In the event that the conditions under Article D6, *3, of the Criminal Code are fulfilled, a report shall be prepared by the probation officer and submitted to the prosecutor to propose the termination of the probation supervision. *<, In response to the motion submitted by the prosecutor the -ud/e overseein/ la. enforcement shall terminate the probation supervision of the convict provided that at least half of the term, but at least one year of the probation supervision has been completed successfully and it is not re5uired anymore. #he -ud/e overseein/ la. enforcement shall ma@e a rulin/ based on the documents. *;, A proposal to chan/e the specific rules of conduct prescribed in the sentence, or the court rulin/ shall be submitted to the -ud/e overseein/ la. enforcement. #he rules of conduct may also be chan/ed based on the proposal of the protL/L. *+6, If the proposal is based on the protL/LPs re5uest, the -ud/e overseein/ la. enforcement may hear the probation officer and may obtain the opinion of the probation officer.
*++, In the proceedin/s provisioned under this Article the cost of criminal proceedin/s shall be borne by the state. +emporary release from a young convict institution and the termination thereof A!tic(e 3* *+, For temporary release from a youn/ convict institution the provisions of Articles >;2=+ on the termination of temporary release from a youn/ convict institution due to the infrin/ement of the rules of conduct, the provisions of Article =3 shall apply, on condition that the proposal for the temporary release from the youn/ convict institution shall be made by the board of the institution to the -ud/e overseein/ la. enforcement. *2, #he cost of criminal proceedin/s incurred durin/ the proceedin/ initiated for the termination of temporary release from a youn/ convict institution shall be borne by the state if the -ud/e overseein/ la. enforcement does not terminate temporary release from the youn/ convict institution. Ex post proceedings by the judge overseeing law enforcement A!tic(e 3+ *+, In response to the prosecutors motion or to the convicts petition, or based on a notice received from the responsible enforcement or/anisation, the -ud/e overseein/ la. enforcement shall subse5uently conduct the proceedin/s defined in Articles >22D6 hereof in compliance .ith the rules set forth in Chapter ::I: of the Code of Criminal %rocedure if in their rulin/ they had not resolved in compliance .ith the la.. *2, #he cost of criminal proceedin/s shall be borne by the state. udicial review of the decision of the enforcement body A!tic(e 3) *+, #he -ud/e overseein/ la. enforcement 2in the proceedin/ under Article 24 A a) shall re-ect the proposal for -udicial revie. if the proposal is late, precluded in this act, or does not ori/inate from the entitled entity, b) shall uphold the rulin/, if the proposal for revie. is not .ell2founded, c) shall amend the rulin/ if based on the proposal for -udicial revie. and the documents a rulin/ in accordance .ith the la. can be made, d, repeals the rulin/ and orders the entity entitled to ma@e a decision to initiate a ne. proceedin/ if a ne. rulin/ is re5uired to be made. *2, #he -ud/e overseein/ la. enforcement may only amend the decision of the enforcement body in favour of the convict. No appeal may be submitted a/ainst the rulin/ made by the -ud/e overseein/ la. enforcement in the -udicial revie. proceedin/. *3, #he -ud/e overseein/ la. enforcement shall ma@e a decision .ith a rulin/ .ithin < days after receivin/ the documents9 to the content, formalities and disclosure included in the rulin/ and the correction thereof Articles 2>D22=2of Act :I: of +;;< on Criminal %rocedure shall apply.
*4, #he cost of criminal proceedin/s shall be borne by the state if the rulin/ is repealed, or amended. &eview of placement in a special security cell or unit A!tic(e 3, *+, #he appeal a/ainst the decision of the enforcement body on orderin/ or e0tendin/ the placement of the convict in a special security cell, or the decision of the Commander2in2Chief of the Cun/arian %rison )ervice on orderin/ the e0tension of the placement of the convict in a special security cell, or orderin/ or e0tendin/ the placement in a special security unit shall be decided by the -ud/e overseein/ la. enforcement .ithin > days after receivin/ the documents. *2, #he cost of criminal proceedin/s shall be borne by the state. *3, %rovisions included in )ections *+, and *2, shall also apply to individuals in pre2char/e detention. (roceeding related to the statements and the disclosure of statements made by the convict through the press A!tic(e 30 *+, #he proposal for the -udicial revie. of the rulin/ dismissin/ a convictPs statement as described under Article +2> and refusin/ the disclosure of the statement under Article +2> shall be decided by the -ud/e overseein/ la. enforcement A based on the documents A .ithin five days after receivin/ the documents. *2, )hould the court uphold the decision of the Commander2in2Chief, the materials intended for disclosure shall be destroyed immediatelyQ *3, #he cost of criminal proceedin/s shall be borne by the state. In the e%ent th&t A!tic(e +)+ B is &cce$te# A!tic(e 31 7ou(# &(so 8e inc(u#e# in the 8i(( Other restrictions to the public disclosure of the convict)s opinion A!tic(e 31 *+, ?here a convict .ants to disclose their opinion to the public in a press product or a literary .or@, and its content may be restricted under Article +2+ f) hereof, their re5uest shall be assessed accordin/ to the provisions of Article D4 hereof sub-ect to the provisions of )ections *2,2 *>,. *2, In order to protect the victims ri/hts and le/itimate interests, the convict may only be refused to disclose their opinion to the public if the victim has stated that such disclosure is in-urious to them and subse5uently certifies that in defence of their ri/hts and le/itimate interests they have filed for a court action a/ainst the convict for the in-urious opinion. #he decision to refuse disclosure to the public shall be made by the -ud/e overseein/ la. enforcement.
*3, #he victim shall be /ranted the term determined by the -ud/e overseein/ la. enforcement, but in any case no lon/er than thirty days, to file such an action. *4, #he -ud/e overseein/ la. enforcement shall suspend the procedure for the period /ranted to the victim. If the victim fails to submit a certificate by the e0piry of such period, it shall be understood that they consented to the disclosure of the opinion to the public. *>, #he -ud/e overseein/ la. enforcement shall decide to reopen the procedure after the e0piry of the period or receipt of the victims certificate and shall immediately for.ard the relevant order to the Cead of the Cun/arian %rison )ervice. &eview of punishment A!tic(e 32 *+, #he convicts application for a court revie. of the la. enforcement institutions decision .hich imposes solitary confinement shall be assessed by the -ud/e overseein/ la. enforcement .ithin five days of receipt. *2, Criminal costs shall be borne by the )tate. *3, )ubsections *+,2*2, shall apply to the assessment of a court revie. application filed by a person sentenced to confinement, a perpetrator servin/ infrin/ement confinement, a person on remand or ordered to confinement in replacement of a fine a/ainst a decision .hich imposes the punishment of solitary confinement. Chapter I( A#A !ANAG"!"N# %&'(I)I'N) Data management A!tic(e 33 *+, In order to perform their responsibilities defined in this Act, courts, prosecution services, la. enforcement bodies, the !inister in char/e of la. enforcement, the !inister in char/e of Fustice, and the !inister in char/e of infrin/ement re/ulation shall mana/e data related to penalties, measures, certain court2ordered supervision and the enforcement of infrin/ement confinement, and special personal, criminal personal and health status data related to convicts or persons detained on other le/al /rounds. *2, ata mana/ement defined in )ection *+, shall cover a) the name of the actin/ criminal court and prosecution service, the number, date and operative date of its decision, the nature, period and e0tent of the punishment inflicted and measure adopted, the prescribed rule of conduct or obli/ation, the desi/nation of the offence in the Criminal Code and its 5ualification, the perpetrators capacity, and the data related to repeated offences, in the case of court2ordered supervision, the name of the actin/ court and prosecution service and its case number, the date of decision*s,, their operative dates, and the period of the court2ordered supervision, b) the full name of the convict or person detained on other le/al /rounds, their full name at birth, place and date of birth, mothers full maiden name *hereinafter collectively referred to as 7 personal identification data8,, se0, nationality, and the address of their habitual or temporary residence
*hereinafter collectively referred to as 7residence8,, in the case of convicted soldiers, their ran@, and the name and address of their competent unit *body,, c) the family status of the convict or person sub-ect to a court2ordered supervision, their hi/hest education and vocational 5ualifications, and the family status of the person sub-ect to involuntary commitment, d) the full name and mailin/ address of the le/al representative, retained or appointed counsel and attorney *at la., of the convict or person detained on other le/al /rounds, and of the spouse of the person sub-ect to involuntary commitment and, in the case of non2Cun/arian detainees, of the actin/ member of the diplomatic or consular representation competent accordin/ to their nationality, e) the code and e0piry of the personal identification document or, in the case of dis5ualification from drivin/, of the drivin/ licence of the convict or the person detained on other le/al /rounds, and the desi/nation of the issuin/ authority, f) the portrait photo/raph, social security number, health data, potential addictions and social status of imprisoned persons, the personal identification number of non2voter convicts and, of the enforcement data, the place, start and end dates of enforcement, g) the social security number, health data, social status, occupation, .or@place, .or@in/ re/ime and student status of persons sentenced to community service and, of the enforcement data, the place, start and end dates of enforcement, and the number of days .or@ed, h) the former membership of persons banned from participatin/ in public affairs in popular representation bodies or boards, their position in non2/overnmental or/anisations, public bodies or public foundations, former military ran@s, and the data related to their former national or forei/n decorations, i) the health data, potential addictions, occupation, .or@place or student status of persons sub-ect to supervision by a probation officer, their social status, includin/ family circumstances, livin/ conditions, and income and assets, in the case of -uveniles, data related to academic achievement, conduct adopted in the educational institution and evaluation by their teachers, j) the portrait photo/raph, social security number, health data, potential addictions of persons sub-ect to involuntary commitment and youn/ convict institution education, their social status, includin/ family circumstances, livin/ conditions, and income and assets, in the case of -uveniles, data related to academic achievement, conduct adopted in the educational institution and evaluation by their teachers, and in the case of youn/ convict institution education, of the enforcement data, the place, start and end dates of enforcement, k) the social security number, health data, potential addictions of persons sub-ect to aftercare, their social status, includin/ family circumstances, livin/ conditions, and income and assets, l) the portrait photo/raph, social security number, health data, potential addictions of persons sub-ect to a court2ordered supervision, and of the enforcement data, the place, start and end dates of enforcement, m) the personal data re5uired for the e0ercise of ri/hts and performance of obli/ations of convicts or persons detained on other le/al /rounds, the data related to their health status and potential addictions or their criminal personal data, n) the data related to the compensation and other payment obli/ation or compensation claim of convicts or persons detained on other le/al /rounds arisen out of enforcement and the data related to their payment obli/ation imposed on their earnin/s, o) the follo.in/ data related to penalties and the enforcement of measuresB the postponement of enforcement, the start and end dates of enforcement, the place and circumstances of e0ecution, the interruption of enforcement and its reason, and the reasons .hich e0clude the enforcement of the punishment or the emer/ence of an obstacle to enforcement, p) in the case of a probation officers opinion and home study, data related to the defendants family status, hi/hest education, vocational 5ualifications, occupation or student status, health data, potential addictions, social status, includin/ family circumstances, livin/ conditions, and income
and assets, and the victims personal data re5uired for their indemnification, in the case of -uveniles, their academic achievement, conduct adopted in the educational institution and evaluation by their teachers, %) documents /enerated in the criminal procedure or in any other court, prosecution service, notary public or administrative procedure related to the convict .hich must be statutorily sent to the enforcement body. *3, In order to enforce community service and supervision by a probation officer, the probation officer may re5uest and receive from the criminal re/istration body the affected persons follo.in/ criminal personal dataB a) data defined in Article ++, )ections *+, c)#l) and *2, of Act :$(II of 266; on Criminal &ecords, &ecordin/ of Fud/ements A/ainst Cun/arian Citi1ens by the Courts of the !ember )tates of the "uropean Union and the &ecords of Criminal and %olice Eiometrics ata, b) data defined in Article += c)#l) and *2, j) in Act :$(II of 266;, if involuntary commitment has been imposed on the affected person, c) data defined in Article 2< b)#d) of Act :$(II of 266;, if an order has imposed restriction of movement, house arrest, pre2char/e detention or temporary involuntary commitment on the defendant. *4, ata received by virtue of )ection *+, shall be deleted if they have been struc@ off the criminal records, or if community service or supervision by a probation officer has been enforced or if their enforcement has been terminated. *>, )ubsections *+, and *2, shall also apply to the re/istration of the convicts data ifB a) the !inister in char/e of Fustice orders the convicts e0amination by a medical specialist in the Central Cospital durin/ the pardon procedure, b) the release on parole of the convict at lar/e is due in consideration of the deduction of the time spent in pre2char/e detention or house arrest but such pre2char/e detention has not been spent in the la. enforcement institution. A!tic(e 34 *+, #he la. enforcement or/anisation or youn/ convict institution shall re/ister the personal identification data, social security number and special health status data of children placed to/ether .ith their mothers, separated from the convicts data, in order to care for such children. *2, In order to preserve the order and security of enforcement and to establish the contact persons identity on their visits, the la. enforcement or/anisation or youn/ convict institution shall re/ister the personal data of all persons .ith .hom the convict maintains a relationship *hereinafter 7contact person8,. #he contact persons re/ister shall include the contact persons a) personal identification data, b) residence or seat, c) telephone number and d) capacity as a contact person. *3, In a procedure instituted at the re5uest of the convict or the person detained on other le/al /rounds and their counsel, in order to assess the re5uest, in addition to the data of the convict or person detained on other le/al /rounds defined in Article DD*2, or, in case the person affected by the
re5uest /ives their consent, in addition to the affected persons data defined in )ection *2,, further special personal and health status data may be mana/ed. If the person affected by the re5uest fails to /ive their consent to the mana/ement of their data, such data shall be deleted and the re5uest shall be assessed accordin/ to the available data. In the case of a procedure instituted at a relatives re5uest, it shall be presumed that consent has been /iven to the mana/ement of the data in the application. *4, #he la. enforcement or/anisation or youn/ convict institution shall re/ister the victims full name and mailin/ address for the purpose of informin/ the victim if it is notified by the court that the victim applied for information in the criminal procedure about the convicts definitive release or parole, the interruption of servin/ the prison sentence, or about the date of the convicts definitive release or parole from the youn/ convict institution. #he victims data shall be separated from the records of convicts and authorised contact persons and may not be used for any other purpose. *>, ata mana/ed by virtue of )ections *+,2*4, shall be deleted .hen the punishment, measure, court2ordered supervision or infrin/ement confinement is enforced or .hen its enforceability is terminated. Data disclosure and data protection A!tic(e 35 *+, urin/ any measure adopted for enforcement or the e0ecution of enforcement, all data and documents re/istered .ith courts, prosecution services and enforcement bodies as data mana/ement bodies may be supplied to courts, prosecution services, investi/ation authorities, the police and national security services for performin/ their statutory duties. *2, #he !inister in char/e of la. enforcement may be for.arded the data re5uired for their responsibilities and remits related to penalties and the enforcement of measures. *3, #he !inister in char/e of Fustice may be for.arded the data re5uired for applications for pardon, the administration of their responsibilities, the administration of le/al assistance and for the performance of their responsibilities defined in criminal assistance la.s or arisin/ out of international conventions. *4, #he !inister in char/e of infrin/ement re/ulation may be for.arded the data re5uired for performin/ their responsibilities and remits related to the enforcement of infrin/ement confinement. A!tic(e 4* *+, ata mana/ement bodies may disclose data re5uired for performin/ a) their responsibilities to public bodies and international or/anisations not mentioned in Article D;, e0 officio in the cases defined by la. and, in other cases, upon re5uest, and b) co2operation a/reements to other bodies involved in the enforcement of penalties and measures. For.arded data may only be used for performin/ a specific tas@. *2, ata disclosure applications shall contain the aim of and statutory /rounds for the re5uest.
*3, ata mana/ement bodies shall arran/e for protectin/ recorded data, duly informin/ authorised persons, and for preventin/ unauthorised access, communication or deletion. *4, #he data of convicts, persons detained on other le/al /rounds and persons under supervision by a probation officer and aftercare may be used for statistical and scientific purposes durin/ the postponement of indictment in a .ay as to prevent their identification. PART II E9ECUTION OF PUNISHMENTS Chapter ( ":"CU#I'N 'F I!%&I)'N!"N# )"N#"NC") Objectives and principles of serving prison sentences A!tic(e 4+ *+, #he aim of a prison sentence is to enforce the punishment imposed by the sentence to facilitate reinte/ration activities durin/ imprisonment so that convicts can successfully be reinte/rated into society and become la.2abidin/ members of society after their release. *2, #he e0ecution of a life sentence shall aim at protectin/ society by enforcin/ the sanction imposed by the sentence. *3, &einte/ration activities, .hether provided by a la. enforcement body or or/anised in co2 operation .ith one, shall mean @eepin/ convicts busy, includin/ their employment, therapeutic employment, primary and secondary education and instruction, hi/her education, vocational trainin/, the provision of vocational practices, other reinte/ration pro/rammes and sessions aimed at promotin/ convicts labour mar@et inte/ration, reducin/ the disadvanta/es caused by their pre2 admission livin/ conditions and lifestyle, developin/ their personality and social s@ills *hereinafter 7reinte/ration pro/ramme8,. $a. enforcement bodies shall ad-ust the professional methodolo/y of reinte/ration activities to the personality of convicts. *4, ?hile a prison sentence is served, in consideration of the security classification of imprisonment, the order and security of the la. enforcement institution *for the purposes of this chapter hereinafter 7la. enforcement institution8,, efforts shall be made to brin/ convicts livin/ conditions close to the /eneral circumstances of free life to miti/ate and counteract the harmful effects of imprisonment. *>, urin/ incarceration, discipline shall be enforced as re5uired by the preservation of the order of enforcement and by the performance of la. enforcement responsibilities. #his shall preferably be ensured .ith convicts voluntary la.2abidin/ conduct and in co2operation .ith them. *=, urin/ incarceration, convicts may only be separated from the rest of society to the e0tent as is necessary for achievin/ the /oal of the punishment. Convicts shall be allo.ed to establish, maintain and develop family, personal and social relationships that are not contrary to the /oal of the punishment or the institutions order and security.
*D, urin/ incarceration, convicts shall be assisted in preservin/ their self2esteem and developin/ a sense of responsibility in preparation for an independent life e0pected by society after their release. *<, Convicts may only be sub-ected to minimum limitations re5uired for achievin/ the /oal of the punishment. urin/ incarceration, la. enforcement bodies shall only interfere .ith convicts lives to the e0tent as is necessary for achievin/ the aim of the punishment. Convicts lifestyles durin/ their imprisonment shall be developed in co2operation .ith them if they e0hibit the relevant ability and .illin/ness. .easures for starting a prison sentence A!tic(e 4) *+, #he e0ecution of a prison sentence shall immediately start if a) the defendant is on remand, .hether in the particular case or in any other case, .hen the custodial sentence becomes final, as of the day after the operative date, b) the court has ordered to immediately start the prison sentence. *2, If the defendant is servin/ imprisonment, confinement, education in a youn/ convict institution or infrin/ement confinement imposed in another case .hen the custodial sentence becomes final, the prison sentence shall start in the order of enforcement defined in Article +3. *3, ?ith the e0ceptions of )ections *+,A*2,, the -ud/e overseein/ la. enforcement shall order convicts to start servin/ imprisonment if a) the term of imprisonment imposed is five or more years, b) the convict is a prolific convict. In their notice, the -ud/e overseein/ la. enforcement shall appoint the county la. enforcement institution accordin/ to their place of operation to start enforcin/ imprisonment, and shall notify such institution in .ritin/ of the notices issued. *4, ?ith the e0ception of )ection *3,, the Cun/arian %rison )ervice shall order convicts to start servin/ imprisonment. *>, #he notice defined in )ections *3,A*4, shall contain a) the name and address of the la. enforcement institution appointed to start enforcin/ the prison sentence, b) the date and time of appearance, c) information that a convict .ho fails to start servin/ their imprisonment throu/h their o.n fault may not be released on parole, d) information about other conse5uences of failure to appear, e) /eneral information about the documents that convicts must produce at la. enforcement institutions and their /eneral obli/ations related to appearance. *=, #he notice defined in )ections *3,A*4, shall be issued at a time that convicts .ill receive it at least thirtyOfifteen days before their obli/ation to appear. *D, In order to issue the notice defined in )ection *4,, -ud/es of the enforcement of sentences shall send imprisonment notice forms about .hich they @eep a .rit for the Cun/arian %rison )ervice.
A!tic(e 4, *+, In selectin/ the la. enforcement body appointed to enforce imprisonment, the Cun/arian %rison )ervice shall ta@e into consideration, in addition to the provisions of the la. on the appointment of la. enforcement institutions, a) the term and security class of the imposed prison sentence, b) the convicts permanent residence, c) the capacity of repeat convict. *2, #he notice defined in Article <2 *4, shall be issued so that the convict .ill start servin/ their prison sentence no later than si0 months after the custodial sentence becomes final. A!tic(e 40 *+, #he Cun/arian %rison )ervice shall /ather the notices issued in the previous calendar .ee@ accordin/ to la. enforcement bodies stated in the same and shall send the list to/ether .ith the notices to the commander of each la. enforcement institution. *2, If the notice to start servin/ imprisonment could not be delivered to the convict, the Cun/arian %rison )ervice shall immediately re5uest the -ud/e overseein/ la. enforcement competent at the first instance courts seat to ta@e the necessary measures. *3, ?here a convict fails to appear at the la. enforcement institution despite a duly served notice, the la. enforcement institution shall immediately re5uest the -ud/e overseein/ la. enforcement competent at the first instance courts seat to ta@e the necessary measures. *4, In the cases described in )ections *2, and *3,, all evidence in support of the need to ta@e measures shall be attached. Exclusion from the benefit of release on parole A!tic(e 41 *+, Convicts .ho fail to start servin/ a fi0ed term of imprisonment on time throu/h their o.n fault shall be e0cluded from the benefit of release on parole. *2, Convicts shall be .arned of this conse5uence in the notice to start servin/ imprisonment or, if they are /ranted postponement, in the relevant decision. Documents in support of admission A!tic(e 42 $a. enforcement institutions shall admit convicts holdin/ a) a notice form on the final sentence, b) an order on presentation, c) an arrest .arrant, d) a court notice on servin/ imprisonment, e) a prosecution service or court order on the temporary commencement of imprisonment, or
f) a notice by the minister in char/e of -ustice of ta@in/ over the e0ecution of a prison sentence imposed by a forei/n court. /dentification of convicts A!tic(e 43 *+, If a convicts identity raises doubts and cannot be established on the basis of their personal identification document durin/ admission, the la. enforcement institution shall chec@ if the convicts a) portrait photo/raph is included in the criminal records, b) fin/er and palm prints are included in the dactyloscopic records. *2, If the convicts portrait photo/raph is included in the criminal records, the la. enforcement institution shall record the convicts portrait photo/raph durin/ admission and shall compare it .ith the portrait photo/raphs in the criminal records. *3, If the convicts fin/er and palm prints are included in the dactyloscopic records, the la. enforcement institution shall re5uest the e0pert re/istration body under Article 33OA*3, of Act on the criminal records, the records of "uropean Union !ember )tate court rulin/s a/ainst Cun/arian citi1ens, and on the re/istration of criminal and la. enforcement biometric data to compare the convicts fin/er and palm prints .ith the fin/er and palm prints in the dactyloscopic records in order to identify the convict. &efusal of admission A!tic(e 44 #he la. enforcement institution shall refuse admission if a) the documents re5uired for admission are missin/, or b) the person presented, accompanied, transported or voluntarily reportin/ for servin/ a prison sentence is different from the person named in the documents re5uired for admission. +emporary admission A!tic(e 45 *+, A convict shall be temporarily admitted if their identity raises doubts, the notice of the prison sentence is incomplete or re5uires correction, or if the la. enforcement institution suspects any /rounds for precludin/ the e0ecution of a prison sentence. *2, #he appointed la. enforcement institution shall temporarily admit the convict sent there until receipt of the notice form. *3, In the case of temporary admission, the la. enforcement institution shall immediately ta@e the necessary measures to clarify the convicts identity and to complete, correct, supply or send the re5uired documents.
*4, #emporary admission shall last until termination of the circumstance .hich /ave rise to it but no lon/er than thirty days. *entral /nstitute for /n%uiry and .ethodology" and the &isk Analysis and .anagement System A!tic(e 5* *+, A person sentenced to imprisonment of more than ei/hteen months shall be placed at the RS1ponti !Mds1ertani Ls Rivi1s/IlM IntL1et *Central Institute for !ethodolo/y and In5uiry, hereinafter 7RR!I8, if more than one year is left until their e0pected release. #he convict shall stay at RR!I for thirty days, .hich may be e0tended by another thirty days by the General irector of RR!I. *2, RR!I shall perform an in5uiry of convicts, includin/ a ris@ analysis determined by the professional la. enforcement criteria. *3, #he period spent at RR!I shall conclude .ith a ris@ evaluation summary report containin/ the convicts /eneral recidivism and detention ris@ measured on admission and definin/ the healthcare, psycholo/ical, security and reinte/ration duties re5uired for ris@ reduction. A!tic(e 5+ RR!I shall reassi/n ris@ classes before convicts posin/ a particularly hi/h ris@ chan/e re/imes and in the case of convicts involved in events that pose a special dan/er to detention. A!tic(e 5) *+, RR!I shall sub-ect convicts to a closin/ ris@ analysis survey at least si0 months before their release, for a term of up to t.enty months, .hich may be e0tended by another ten days by the head of RR!I. #he closin/ ris@ evaluation report shall state the convicts ris@ of recidivism measured on release. *2, Eefore the la. enforcement institution prepares its special opinion, the procedure laid do.n in )ection *+, shall be performed in support of the proposal for release on parole and reinte/ration detention. #he survey shall start no later than t.o months before the e0pected submission date of the proposal. A!tic(e 5, *+, RR!I shall systematise, analyse and evaluate all data re5uired for the detainee ris@ analysis that are /enerated durin/ its activity and shall disclose them to the authorised la. enforcement decision ma@ers as necessary. #he convicts ris@ analysis reports shall be entered into the detainee records and placed amon/ the la. enforcement institutions documents about the convict. *2, RR!I shall ma@e proposals to develop ne. methods and procedures. A!tic(e 50 *+, After the survey defined in Article ;6 *2,, the convict shall immediately be placed in the admission unit of the la. enforcement institution appointed for them for a stay of no more than ten
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. >6
days. #he admission unit shall inform the convict about the content of the report defined in Article ;6 *3, and the use of the proposed reinte/ration pro/rammes reducin/ the ris@ of recidivism and detention. *2, In co2operation .ith the convict, the head of the admission unit shall lay do.n the individualised detention pro/ramme plan prepared .ith the convicts consent based on the report defined in Article ;6 *3, after admission by la. enforcement institution, then the Admission and etention Committee shall, .ithin ei/ht days of a personal intervie. of the convict, decide on the convicts placement in a re/ime and their participation in the la. enforcement institutions reinte/ration pro/rammes. A!tic(e 51 *+, $a. enforcement institutions shall perform the obli/atory revie. of convicts and reassi/nment to ris@ /roups semi2annually for prison terms of no more than five years and annually for prison terms above five years, .ith the involvement of the special areas responsible for detention. #he Admission and etention Committee shall decide on reassi/nment to ris@ /roups after receipt of the opinion of the special areas. *2, In la. enforcement matters defined in Article ;2, RR!I shall reassi/n convicts to ris@ /roups. *3, Convicts shall be sub-ected to a closin/ ris@ analysis survey and the closin/ ris@ analysis report shall state their ris@ of recidivism measured on release. Admission and Detention *ommittee A!tic(e 52 *+, $a. enforcement institutions shall operate an Admission and *hereinafter 7A C8,. etention Committee
*2, #he A C shall ma@e decisions on detainees assi/nment to security classes ad-usted to their individualisation, their placement, employment, therapeutic employment, trainin/ and participation in reinte/ration pro/rammes for their social inte/ration. *3, In cases of e0treme ur/ency, the la. enforcement institutions commander may also decide to chan/e a detainees security class or placement. *4, Cases of e0treme ur/ency shall include a report on prison riot, prison escape, attac@, mass resistance, self2dama/e or any other circumstance endan/erin/ the institutions security and the imminent dan/er of an e0traordinary event. *>, ?ithin its detainment responsibilities, the A C shallB a) collate data and documents, b) place convicts in admission units, c) provide information about the content of summary reports and reinte/ration pro/rammes, d) assi/n convicts to and place them in the appropriate security class based on the summary report, e) place convicts in the lon/2term convicts unit and terminate such placement, f) assi/n convicts to therapeutic and prevention units and terminate such placement,
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. >+
g) reclassify ris@s, h) prepare opinions for closin/ ris@ analysis surveys, i) conduct intervie.s for reinte/ration custody purposes, involvement and placement in the relevant pro/rammes, and shall evaluate efficiency, j) intervie. convicts for reinte/ration custody purposes, k) /ive .or@ to non2.or@in/ and ne.ly admitted detainees, assi/nin/ them .or@places and -obs, l) remove .or@in/ detainees from .or@places, m) repost .or@in/ detainees to other .or@places, n) decide on therapeutic employment, its .or@in/ hours and .or@in/ re/ime at the proposal of the la. enforcement bodys doctor, o) school inmates reportin/ for education, vocational trainin/ and further trainin/, p) place convicts in preparatory units, %) perform security classification. *=, #he A C shall intervie. detainees .ith respect to its responsibilities defined in )ection *4, c) and i)#p). *D, etainees or their counsel may file for a court revie. .ith the -ud/e overseein/ la. enforcement a/ainst the decision on the desi/nation of their .or@place or ne. .or@place. etainees shall be entitled to le/al remedy defined in this Act a/ainst the A Cs other decisions. Court revie. applications and le/al remedy shall not delay the enforcement of the decision. *<, #he A Cs detailed responsibilities, members and procedure shall be determined by a normative instruction of the Commander2in2chief of the Cun/arian %rison )ervice. *;, #he A C may also ma@e comments and proposals on the remits of the la. enforcement institutions commander. &ules of serving imprisonment A!tic(e 53 *+, Imprisonment shall be enforced by la. enforcement or/anisation. Imprisonment shall be enforced .ith the severity determined by the court *penitentiary, correctional institution or remand prison,, desi/nated by la. enforcement or/anisation, by virtue of la. or the measure of the Commander2in2chief of the Cun/arian %rison )ervice, preferably in the nearest la. enforcement institution to the convicts residence. %enitentiary shall be a more severe mode of enforcement than correctional institution, and correctional institution shall be more severe than remand prison. *2, #he rules of servin/ a prison sentence shall be developed in consideration of the convicts peculiar circumstances, includin/ their personality, past, lifestyle, family conditions, conduct durin/ imprisonment, offence committed and the term of imprisonment. #o this end, convicts shall be evaluated on the basis of a professional system developed and operated to assess, evaluate and mana/e recidivism and detention ris@s *hereinafter 7&is@ Analysis and !ana/ement )ystem8, and they shall be placed in an individualised pro/ressive la. enforcement system *hereinafter 7re/ime rules8, accordin/ly. *3, urin/ the imprisonment, dependin/ on convicts ris@ analysis, conduct and participation in reinte/ration activities, their enforcement re/imes .ithin each class and the benefits that they are eli/ible for may be different accordin/ to the re/ime rules related to each class.
*4, Convicts may be classified in /eneral, milder and more severe re/ime rules related to the individual security classes. If the RR!I fails to e0amine and evaluate a convict by virtue of this Act, the A C shall use the RR!Is methodolo/y to classify such convict in the appropriate re/ime rule pertainin/ to each class. *>, In order to @eep enforcement safe, .ithin the re/ime rules pertainin/ to each security class, based on a convicts security classification, there may be stricter re/ulations for custody, supervision and monitorin/, @eepin/ cell doors closed, movement inside the la. enforcement institution, reception of visitors in a security booth or throu/h a set of bars, employment in an e0ternal .or@place, leavin/ the institution, and for the convicts presentation and transport. *=, A convicts security class alone cannot prevent the assi/nment of more favourable re/ime rules pertainin/ to the particular class. *D, #he order of enforcement shall be different from all security classes .here milder enforcement rules are applied or .here convicts are placed in a provisional unit, a special security cell or in any unit. $a. enforcement or/anisations may develop a special unit for convicts .ith special treatment needs, .here the order of enforcement shall primarily be ad-usted to such special needs. *<, #he detailed rules of servin/ prison sentence shall be established by virtue of this Act and other la.s on the order of imprisonment, in institutional house rules, accepted by the Commander2 in2chief of the Cun/arian %rison )ervice in a normative instruction, bindin/ on all institutions, determined by the commander accordin/ to standard principles. A!tic(e 54 *+, Imprisonment shall be enforced by ensurin/ convicts a) custody, supervision and monitorin/, b) placement, feedin/ and clothin/, c) healthcare services accordin/ to the effective healthcare, social security and health insurance la.s and to the obli/atory professional procedure, unless other.ise provided for by this Act, d) e0ercise of ri/hts by virtue of this Act, e) conditions for education, f) conditions for employment, g) conditions for other reinte/ration pro/rammes aimed at social reinte/ration. *2, All security classes shall involve different a) forms of separation from the outside .orld, b) custody, supervision and monitorin/, c) movement inside the la. enforcement institution, d) daily routines, e) amounts eli/ible for personal needs, f) re.ards and punishments, g) forms of participation in reinte/ration pro/rammes. *3, Ey virtue of the re/ime rules, the individual conditions defined in )ection *2, a)#g) and based on the provisions of this Act may coincide in all security classes.
A!tic(e 55 *+, Unless other.ise provided for by this Act, imprisonment shall be enforced by separatin/ a) convicts .ithin different security classes from each other, b) male convicts from female convicts, c) -uvenile convicts from adult convicts, d) military convicts from non2military convicts, e) smo@in/ convicts from non2smo@in/ convicts. *2, )eparation shall be performed in separate bloc@s or their separated parts or in separate cells or residential units. *3, For psychiatric treatment, convicts .ithin different security classes may be placed to/ether in the infirmary, sic@ .ard, 5uarantine for infectious patients and an especially desi/nated cell, and may -ointly .ait for medical e0aminations and healthcare consultations. *4, Irrespectively of their security classes, convicts may be placed to/ether, inside the particular unit, in the therapeutic and provisional unit, the dru/ prevention unit, the psychosocial unit and the lon/2term conviction unit .hen milder enforcement rules are applied and .hen mothers and children are placed to/ether. *>, Convicts .ithin different security classes may .or@ to/ether at their place of .or@, -ointly participate in primary and secondary education and instruction, hi/her education, vocational trainin/, sports, cultural and reli/ious events, and may -ointly stay outdoors and in the common restaurant. *=, In addition to )ection *+,, a la. may determine other separation criteria. A!tic(e +** *+, %enitentiary *strict re/ime prison, shall be the hi/hest security class. *2, In a penitentiary, convicts a) may be e0ceptionally /ranted leave, deductible from their prison terms, .ith the e0ception of life convicts, b) shall be under permanent control and monitorin/ throu/hout their daily routines, c) may move inside the la. enforcement institution ca) .ith authorisation or under supervision, cb) under supervision, or cc) under supervision .ith monitorin/ inside the desi/nated unit accordin/ to their security classes, d) shall have their cell doors closed by ni/ht and periodically open by day accordin/ to the re/ime rules, e) may be allo.ed, accordin/ to the re/ime rules, to participate in convicts collective cultural and sports activities and other activities on the premises or/anised by la. enforcement institution, f) possess a limited scope of ob-ects, .hich may be e0tended accordin/ to the re/ime rules, but such limitation may not include library and te0tboo@s, school e5uipment, authorised devotional ob-ects and family photos,
g) may have their contact fre5uency and term e0tended but shall have the ri/ht to the minimum level for the individual forms of contact as defined in this Act, h) have the amount eli/ible for their personal needs chan/ed accordin/ to the re/ime rules, i) may e0ceptionally participate in e0ternal employment if they can be separated from the outside .orld durin/ .or@. A!tic(e +*+ In the correctional institution, the convict a) may, in e0ceptional cases, be authorised for absence the duration of .hich shall be included in the term of imprisonment, may, in e0ceptional cases, ta@e part in the e0ternal prisoner employment pro/ramme, b) shall have a determined, or/anised and controlled re/imen, may move c) .ithin the la. enforcement institution in accordance .ith their security classification ca) only .ith authorisation and under supervision, cb) under supervision, in the desi/nated area of the la. enforcement institution under control, or cc) under supervision, in the desi/nated area of the la. enforcement institution under control, and freely at certain or/anised pro/rammes, d) the door to the convicts cell or d.ellin/ space shall be @ept loc@ed durin/ the ni/ht, durin/ the daytime it may be authorised to be open periodically or full time, e) the convict may be allo.ed, in accordance .ith the re/imen rules, to ta@e part in the convicts cultural and sports /roup pro/rammes, and the pro/rammes .ithin the la. enforcement institution, or/anised by la. enforcement institution, f) the convicts contact fre5uency and duration may be increased in accordance .ith the re/ime rules, but the lo.est limit specified by this Act for the various contact forms must be ensured, g) the amount that can be spent for their personal needs shall be chan/ed in accordance .ith the re/ime rules. A!tic(e +*) *+, #he prison is the most lenient enforcement de/ree of imprisonment. *2, In the prison the convict a) may be authorised for absence the duration of .hich shall be included in the term of imprisonment, may ta@e part in the e0ternal prisoner employment pro/ramme b) shall have a partly determined re/ime, shall be allo.ed to use their free time additional to the reinte/ration pro/rammes at their o.n discretion, may move c) .ithin the area of the la. enforcement institution in accordance .ith their security classification ca) in the desi/nated area under control or cb) under supervision, in the desi/nated area under control, or cc) freely, d) the door to the convicts cell or d.ellin/ space shall be @ept loc@ed durin/ the ni/ht, @ept open durin/ the daytime, e) the convict may be allo.ed, in accordance .ith the re/imen rules, to ta@e part in the convicts cultural and sports /roup pro/rammes, and the pro/rammes .ithin the la. enforcement institution, or/anised by la. enforcement institution, f) the convicts contact fre5uency and duration may be increased in accordance .ith the re/ime rules, but the lo.est limit specified by this Act for the various contact forms must be ensured,
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. >>
g) the amount that can be spent for their personal needs shall be chan/ed in accordance .ith the re/ime rules. Special security cell and unit enforcement rules A!tic(e +*, *+, In respect of accommodation in special security cells or units the /eneral rules applyin/ to the imprisonment enforcement severity shall be ad-usted to the related enforcement rules. *2, #he convict accommodated in a special security cell or unit shall be under constant control and supervision, may move in the area of the la. enforcement institution .ith authorisation and under supervision, the door to their cell shall be @ept loc@ed. &ules of execution for the temporary unit A!tic(e +*0 *+, #he convict .ho is servin/ their sentence in a penitentiary or correctional institution and has served at least five years of their imprisonment may be transferred to a temporary unit not earlier than t.o years prior to their e0pected release .ith the aim of facilitatin/ their reinte/ration into the society. *2, In the temporary unit the la. enforcement rules may be alleviated, in particular, a) the convict may be authorised for absence from the la. enforcement institution for a period not lon/er than t.enty four hours, and, as a re.ard, for an even lon/er period, and may ta@e part in the prisoner employment pro/ramme outside the la. enforcement institution, may b) have a less strictly determined re/ime, c) move freely in the desi/nated area of the la. enforcement institution, d) have re/ular contact .ith the probation officer, e) ta@e more active part in the .or@ of the convicts amateur /roup. *3, #he duration of the absence shall be included in the term of the imprisonment. *4, Accommodation at the temporary unit may be terminated if the convict /rossly breaches the la. enforcement rules. *>, For the purpose of )ection *+,, if the convicts imprisonment of several definite periods .hich cannot be included in a consecutive sentence is bein/ enforced on a continuous basis, the duration of these periods shall be added up .hen definin/ the period of imprisonment served. .ore lenient enforcement rules A!tic(e +*1 *+, "nforcement rules more lenient than the prison and correctional institution /eneral enforcement rules may apply if A considerin/, in particular, the convicts personality, criminal records, lifestyle, family conditions, conduct durin/ imprisonment, committed offence, duration of imprisonment A the purpose of imprisonment can also be achieved by more lenient enforcement
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. >=
rules, and the application of more lenient la. enforcement rules does not -eopardise the security of la. enforcement. *2, !ore lenient enforcement rules shall not be applicable if the convict a) has not served a half of the period of imprisonment .hich A also includin/ the period in detention on remand and house arrest 2is remainin/ until the release on parole, b) has not served at least si0 months of the imprisonment in correctional institution and at least three months in prison, c) may not be released on parole in accordance .ith the la. GCriminal Code Article 3< *4,H or the court decision, d) is a violent prolific convict, e) committed the offence in or/anised crime, f the convict sentenced by the final verdict of the court to penitentiary imprisonment is servin/ their sentence under reduced imprisonment severity GArticle ++= *3,H, g) is sub-ect to another on/oin/ criminal proceedin/, h) a notice on the enforcement of another imprisonment a/ainst the convict is received and the punishments are not included in a consecutive sentence. *3, If more lenient enforcement rules are applied the convict a) may be authorised for absence from the la. enforcement institution for a period not lon/er than t.enty four hours, and in e0ceptional cases, forty ei/ht hours, on four occasions a month as a ma0imum, on the days .hen they is not obli/ed to .or@9 b) may receive the money for their personal needs also in cash and spend it outside the la. enforcement institution9 c) may also receive their visitor outside the la. enforcement institution9 d) may be e0empt from supervision .hen performin/ .or@ outside the la. enforcement institution. *4, #he duration of the absence shall be included in the term of the imprisonment. #he convict must state .here they .ill stay durin/ their absence. *>, If the convict repeatedly or /rossly breaches the rules of conduct applicable for the absence or .or@ performed outside the la. enforcement institution A in particular, .hen failin/, throu/h fault of their o.n, to return from their leave .ithin the determined time, or committin/ /ross breach of discipline A and if the causes specified under )ection *2, occur, the commander of the la. enforcement institution shall suspend the application of more lenient enforcement rules and shall submit a re5uest to the -ud/e overseein/ la. enforcement for terminatin/ the more lenient enforcement rules. 'nits for convicts re%uiring special treatment A!tic(e +*2 *+, #he convict servin/ a sentence for life or a term of not less than fifteen years may be transferred to the unit of lon/2term sentenced prisoners if their conduct, co2operativeness in enforcin/ their imprisonment and their security classification -ustify their special treatment and accommodation.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. >D
*2, #he unit of lon/2term sentenced prisoners shall be a separated section of the specially e5uipped cells and the ad-acent rooms, created for this purpose at the la. enforcement institution desi/nated by the Chief Commander of the Cun/arian %rison )ervice in their measure. *3, #he transfer of the convict to the unit of lon/2term sentenced prisoners may be ordered by the admission and detention committee, and shall promptly be terminated by the committee if the conditions for the accommodation no lon/er e0ist. A!tic(e +*3 *+, #he convict shall A follo.in/ e0amination at I!"I A be transferred to the health care and therapy unit if he a) is dia/nosed .ith diminished accountability9 b) received treatment due to mental impairment at I!"I durin/ the period of enforcin/ their imprisonment and their mental status has improved to such an e0tent that it .ill not hinder continuin/ the imprisonment9 c) their personality disorder type -ustifies their inclusion in a corrective health care /roup. *2, #he decision relatin/ to release from the health care and therapy unit shall be made by the commander A on doctors recommendation. A convict .ith improved mental status may only be released from the health care and therapy unit .ith the .ritten consent of I!"I. *3, #he reinte/ration activity of the convict transferred to the health care and therapy unit shall be implemented .ithin the frame.or@ of a comple0 therapy pro/ramme. *4, #he convicts transferred to the health care and therapy unit shall be provided the type and duration of occupational, corrective therapy and psychotherapy that .ill suit their status. A!tic(e +*4 *+, #he convict .ho suffers from personality disorder or due to their mental status needs special care but the conditions for transferrin/ him to the health care and therapy unit do not e0ist, they may, upon their re5uest or on doctors recommendation, be accommodated at the psychosocial unit. *2, #he reinte/ration activity of the convict accommodated at the psychosocial unit shall be implemented .ithin the frame.or@ of a comple0 therapy pro/ramme. A!tic(e +*5 *+, #he convict may only be accommodated at the dru/ prevention unit if they declares that they is ready to underta@e re/ular dru/ tests to confirm they is dru/ free and also to provide the necessary test material *secretion,. *2, #he contact fre5uency of convicts accommodated at the dru/ prevention unit may be increased. *3, #he reinte/ration activity of the convict accommodated at the dru/ prevention unit shall be implemented .ithin the frame.or@ of a comple0 therapy pro/ramme.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ><
*4, Upon the convicts .ritten re5uest the accommodation at the dru/ prevention unit shall be terminated. *>, #he convicts accommodation at the dru/ prevention unit shall be terminated if a) the result of the dru/ test to confirm if the convict is dru/ free is positive *dru/ is detected in the convicts or/anism,, b) the convict commits /ross breach of discipline or offence inside or outside the institution. A!tic(e ++* *+, #he lo. security ris@ unit may only accommodate convicts .hose imprisonment A considerin/ their security classification A does not re5uire applyin/ any hi/h security e5uipment. *2, At the lo. security ris@ unit the convict may have a less strict re/imen, use their free time additional to the reinte/ration pro/rammes at their o.n discretion, and freely move .ithin the desi/nated area of the la. enforcement institution. *3, Accommodation at the lo. security ris@ unit may be terminated if the convict /rossly breaches the la. enforcement rules. *4, If the convict accommodated at the lo. security ris@ unit is servin/ a sentence of one year or a shorter period for an offence committed unintentionally, the probation officer shall start providin/ care to the convict at the latest t.o months prior to their e0pected release from the la. enforcement institution, in order to enforce their social reinte/ration. *>, #he care providin/ probation officer competent .ithin the -urisdiction of the la. enforcement institution a) may contact the convicts at the la. enforcement institution and provide information on an individual basis or in /roups in order to promote their social reinte/ration, b) shall, in case the convict ta@es part in the reinte/ration pro/ramme, facilitate the e0ecution of the pro/ramme, evaluate the results achieved .ithin the pro/rammes frame.or@, and, if needed, complement and further develop it, c) shall assist in family reinte/ration, d) shall co2operate .ith the local municipalities, employers, civil, church and other charity or/anisations and other voluntary actors in order to enforce the convicts social reinte/ration. Other enforcement rules A!tic(e +++ *+, If the convict becomes mentally impaired and the imprisonment cannot be enforced, the convict shall be placed to I!"I. #he period spent at I!"I shall be included in the duration of the imprisonment. *2, If durin/ enforcin/ the imprisonment the la. enforcement institution reco/nises symptoms su//estin/ mental impairment, the institution shall submit a re5uest to the -ud/e overseein/ la. enforcement for chan/in/ the location of enforcin/ the imprisonment.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. >;
*3, ?ith consideration to the positive chan/e in the convicts mental status the head physician and /eneral director of I!"I may submit their recommendation, as a matter of ur/ency, to the -ud/e overseein/ la. enforcement to transfer the convict bac@ to the la. enforcement institution. A!tic(e ++) Imprisonment shall not include any period durin/ .hich the convict has evaded imprisonment. A!tic(e ++, *+, If the consecutive sentence ta@es effect at a point of time .hen the convict has already served their imprisonment defined as consecutive sentence, and another imprisonment in another matter is to be effectuated a/ainst the convict, the duration of the imprisonment to be enforced shall include the period .hereby the duration of the imprisonment fully served by the convict has e0ceeded the duration of the imprisonment defined as consecutive sentence. *2, If the court in its decision resultin/ from e0traordinary le/al remedy has not passed an imprisonment or the duration of the imprisonment passed is not the same as the duration defined in the decision challen/ed by e0traordinary le/al remedy, or the duration of the imprisonment passed has been reduced, and the duration of the imprisonment served by the convict is lon/er than the term imposed, if another imprisonment in another matter is to be effectuated a/ainst the convict, the duration of the imprisonment to be enforced shall include the period .hereby the duration of the imprisonment fully served by the convict has e0ceeded the duration of the imprisonment passed by the decision resultin/ from e0traordinary le/al remedy. *3, )ections *+,2*2, may be applicable if the imprisonment defined as consecutive sentence a/ainst the convict and passed by the decision challen/ed by e0traordinary le/al remedy and the imprisonment to be enforced in another matter are bein/ enforced on a continuous basis. A!tic(e ++0 *+, #he institution shall arran/e for brin/in/ the convict to the court A irrespective of their intention to attend A if they are summoned by the court as a) the defendant in the criminal proceedin/, b) .itness, c) party to a paternity suit, obli/ed to attend in person, d) defendant in a /uardianship suit. *2, #he institution shall ensure the convicts attendance if they is summoned by a mediator performin/ mediation activity to apply in criminal proceedin/s A e0cept for the case .hen they has made a .ritten statement that they does not intend to attend the mediation discussion. *3, #he convicts attendance shall be ensured if they are summoned as a party obli/ed to attend in person, in case they intend to attend the trial. *4, In addition to )ection *3, the institution shall ensure the convicts attendance upon their re5uest if the sum coverin/ the relevant e0penses is deposited by him.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. =6
*>, If the convict cannot deposit the sum coverin/ the e0penses of brin/in/ him to the court the institution shall inform him that they may as@ for e0emption from payment and for advocacy. Upon the convicts .ritten re5uest the institution may, in e0ceptional cases, deposit the sum coverin/ the e0penses of brin/in/ him to the court if in their re5uest they obli/es himself to reimburse the e0penses. *=, #he rules on arran/in/ the attendance of the convict for -udicial purposes shall also be applicable for the notary public procedure. A!tic(e ++1 *+, #he investi/atin/ authority may on the basis of the prosecutors permit A in accordance .ith preliminary coordination .ith the la. enforcement institution A interro/ate the convict at the institution and in case the convicts are detained at the same institution the investi/atin/ authority may also conduct the confrontation at the institution. #he investi/atin/ authority may enforce sei1ure of the detainees valuables and ob-ects deposited at the institution and conduct inspection of documents *Article +;3 of the Code of Criminal %rocedure,. #he prosecutor may also permit carryin/ out other investi/atin/ actions at the institution. *2, Any other authority conductin/ proceedin/s may 5uestion the convict on the basis of preliminary coordination .ith the la. enforcement institution. *3, #he convict shall be handed over by the competent prosecutor to the investi/atin/ authority upon the investi/atin/ authoritys .ritten re5uest includin/ the competent prosecutors permit by the commander for conductin/ investi/ative actions and for criminal data samplin/ specified by Act :$(II of 266; on Criminal &ecords, &ecordin/ of Fud/ements A/ainst Cun/arian Citi1ens by the Courts of the !ember )tates of the "uropean Union and the &ecords of Criminal and %olice Eiometrics ata. *4, If the convicts handin/ over re5uires their custody in a police cell, the competent prosecutor may /rant permission for the duration defined by Article +3> *2, of the Code of Criminal %rocedure. *>, #he convict may not be e0tradited if a) their release is imminent9 b) they are summoned by the court and shall be brou/ht before the court9 c) their health status A based on doctors opinion A does not allo. for it. *=, #he convicts le/itimate ri/hts shall also be /uaranteed durin/ the handin/ over. #he duration of the handin/ over shall be included in the term of imprisonment. *hange in sentence severity A!tic(e ++2 *+, #he severity of the prison sentence may be reduced by one cate/ory .here the purpose of the sentence could also be achieved by a more lenient sentence severity class, .ith particular consideration to the convicts personality, criminal record, state of health, behaviour in prison, and the committed offence, the len/th of imprisonment and the convicts .illin/ness to reinte/rate into society.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. =+
*2, )entence severity shall not be reduced .here a) half of the prison term, includin/ pre2char/e detention and house arrest, has not yet been served before release on parole, b) no parole may be /ranted, and one2third of the prison term has not yet been served, c) minimum one year in penitentiary and minimum si0 months in a correctional institution has not yet been served, d) no parole may be /ranted, and half of the prison term includin/ pre2char/e detention and house arrest has not yet been served, e) the convict is a violent prolific convict, f) the offence .as committed in the frame.or@ of or/anised crime, g) the convict is servin/ life imprisonment .here no parole may be /ranted. *3, For the enforcement of prison sentences the ne0t hi/her cate/ory may be assi/ned .here the rules of la. enforcement have been seriously or repeatedly disrupted by the convict. *4, #o assi/n the ne0t lo.er or hi/her level of sentence severity a proposal by la. enforcement institute should be submitted to the -ud/e in char/e of overseein/ the conditions and enforcement of the prisoners sentence. No proposal for the assi/nment of hi/her security classification may be submitted by la. enforcement institute .here a period of minimum si0 months of a prison sentence has not been served yet. /nterruption A!tic(e ++3 *+, For important reasons, due in particular to personal or family circumstances or the state of health of the convict the enforcement of a prison sentence may be interrupted e0 officio or at re5uest. #he relevant decision shall be madeB a) for a period of ma0imum 36 days .ithin one calendar year by the commander, b) for a period of 36 to ;6 days .ithin one calendar year by the chief commander of the Cun/arian %rison )ervice, c) for a period lon/er than specified under %ara/raph b) hereof by the minister responsible for la. enforcement. *2, #he interruption of a prison sentence may be e0ceptionally permitted if further criminal proceedin/s a/ainst the convict due to an offence punishable by imprisonment are held. In such cases, dependin/ on the procedural phase, the opinion of the prosecutor or the court should be re5uested. *3, No interruption of a prison sentence should be permitted if the rulin/ of the court imposin/ life imprisonment e0cluded the possibility of /rantin/ parole. *4, If a female convict has reached the t.elfth .ee@ of pre/nancy and the e0pected date of delivery .ould be due before the date of release, her declaration if the prison sentence should be interrupted must be obtained. ?hen considerin/ re5uests submitted for the interruption of imprisonment durin/ pre/nancy or immediately after delivery, first of all the interest of the child should be ta@en into account.
*>, In order to verify the validity of re5uests submitted for the interruption of imprisonment the relevant la. enforcement institute or the Cun/arian %rison )ervice may contact the parole service of the place of residence provided by the convict to carry out a study of the convicts environment. *=, Any decision of re-ection must also include a reason. *D, #he period of interruption shall not be included in the term of imprisonment. *<, For the period of interruption the time limit shall be suspended. A!tic(e ++4 *+, #he interruption of a prison sentence shall be terminated by the authorisin/ person if it becomes a.are of the follo.in/B a) criminal proceedin/s a/ainst the convict due to an offence committed durin/ the period of interruption have been initiated, or a notice informin/ of the enforcement of another prison sentence has been received, b) pre2char/e detention in a different case has been imposed on the convict, or c) the reason for interruption ceased to e0ist before the permitted deadline. *2, #he decision terminatin/ the period of interruption must also include a reason provided by the authorisin/ person. *3, #he convict must be immediately notified of the termination of interruption in .ritin/, includin/ an order re5uestin/ himOher to return to the relevant la. enforcement institute at the specified date and time. ,eneral rules regulating the rights and obligations of convicts A!tic(e ++5 *+, urin/ the term of imprisonment convicts shall be deprived of personal liberty and shall have to abide by any cessation, restriction or modification of their fundamental ri/hts or any la.ful entitlement resultin/ from the enforcement of a prison sentence. *2, urin/ the term of imprisonment convicts shall be entitled to e0ercise their fundamental ri/ht or any la.ful entitlement, and shall have to fulfil any obli/ations imposed on them by la. or any court rulin/ or official decision e0cept for cases .here any cessation or restriction of such ri/hts or obli/ations has been ordered by the relevant rulin/ or re/ulation, or in the event of bein/ unable to e0ercise such ri/hts or fulfil such obli/ations. *3, #he la. enforcement authority shall ensure and facilitate the e0ercise of the ri/hts of the convicts. *4, In order to achieve the purposes intended by a custodial sentence all convict shall be obli/ed to co2operate .ith the relevant la. enforcement institutes .hile fulfillin/ their obli/ations and e0ercisin/ their ri/hts.
*>, All convicts shall e0ercise their ri/hts personally or throu/h their defence, or in the case of -uvenile convicts throu/h their le/al representative in accordance .ith the order and the security re/ime of the relevant la. enforcement institute. &estriction and modification of the rights of convicts A!tic(e +)* *+, urin/ the term of imprisonment all convicts shall be permitted to e0ercise the follo.in/ ri/hts in accordance .ith the restrictions specified in this ActB a) freedom of .or@ and occupation, ri/ht to conduct a business, b) ri/ht to culture, freedom to learn and teach, c) ri/ht to autonomy, d) ri/ht to pay last respects, e) ri/ht of custody, f) ri/ht to access and disseminate data of public interest, g) freedom of e0pression, h) freedom of association, i) ri/ht to property, j) ri/ht to leisure, k) if at .or@, ri/ht to paid annual leave, l) ri/ht to privacy, m) /eneral freedom of action .ith re/ard to any temporary cessation, n) freedom of conscience and reli/ion. A!tic(e +)+ /e!sion A All convicts shall have freedom of e0pression in a controlled .ay and .ith the e0ception of any restriction specified in this Act .hereby the order and the security re/ime of the relevant la. enforcement institute shall not be disrupted. &estrictions to ma@e an opinion public may apply in order to a) ensure national security, b) prevent the disclosure of classified data, c) prevent the commission of any offence should there be a direct threat, d) ensure the order and the security re/ime of the la. enforcement institute. /e!sion B All convicts shall have freedom of e0pression in a controlled .ay and .ith the e0ception of any restriction specified in this Act .hereby the order and the security re/ime of the relevant la. enforcement institute shall not be disrupted. &estrictions to ma@e an opinion public may apply in order to a) ensure national security, b) prevent the disclosure of classified data, c) prevent the commission of any offence should there be a direct threat, d) ensure the order and the security re/ime of the la. enforcement institute,
e) prevent the promotion of criminal lifestyles, f) safe/uard the ri/hts and le/itimate interests of victims, g) prevent financial /ain by a convict or its close relative as a result of ma@in/ an opinion public. +emporary cessation of the rights of convicts A!tic(e +)) *+, urin/ the term of imprisonment temporarily cessation of the follo.in/ ri/hts shall applyB a) freedom of movement, b) freedom to chan/e the place of residence, c) freedom of peaceful assembly, d) freedom to stri@e, e, ri/ht to be elected as !ember of %arliament, local council representative, mayor or !ember of the "uropean %arliament. *2, urin/ the term of imprisonment temporarily cessation shall apply to any ri/ht of the convict concerned .ith a ban from participation in public affairs, or any court rulin/ imposin/ a ban on pursuin/ certain careers, a drivin/ dis5ualification or e0clusion. &ights of the convicts resulting from serving imprisonment A!tic(e +), All convicts shall be entitled to the follo.in/B a) accommodation satisfyin/ the re5uired hy/iene standards, provision of food, health care and appropriate clothin/ in accordance .ith the state of health of the prisoner and the activity pursued durin/ imprisonment, b) maintain communication .ith relatives and any named persons or or/anisations permitted by la. enforcement institute in accordance .ith the provisions of this Act, c) accident care and emer/ency service in the event of accident, d) recreation and free time, e) in order to maintain and develop the physical and mental conditions of convicts access shall be provided to the follo.in/B ea) a certain period of time ever day to stay in the open air in accordance .ith the provisions of the specific la. enforcement re/ime, but minimum one hour, eb) self2development opportunities, freedom to order publications and to use any cultural or sports facilities of the la. enforcement institute in accordance .ith the provisions of the specific la. enforcement re/ime, ec) ri/ht to learn in accordance .ith the provisions of this Act9 access to primary, secondary and tertiary education, provision of trainin/ leave and leave to attend e0aminations, f) submit reports, complaints, re5uests or le/al statements of public interest to the la. enforcement institute, its supervisory authority or any authority independent of la. enforcement, g) see@ le/al remedy durin/ the term of imprisonment, h) use a monthly allocation of money available to the prisoner for personal needs or for disposal in any other .ay, i) recover any dama/e occurred durin/ the term of imprisonment, j) special protection for female or -uvenile convicts, or convicts .ith disabilities,
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. =>
k) ri/ht to .ear o.n clothes or to use o.n items as permitted by la.. #he scope of items allo.ed to be @ept by prisoners shall be restricted in accordance .ith the order and the security re/ime of the la. enforcement institute and the rules applyin/ to the particular re/ime. l) already established social security retirement benefit, service remuneration or allo.ance provided by a private pension fund to be disbursed to an authorised person or to the la. enforcement institute, or any family allo.ance received in its o.n ri/ht to be paid to a deposit account, m) in order to facilitate reinte/ration into society upon release, assistance .ith any social issues such as contactin/ future employers or representatives of the relevant assistance or/anisations or parole officers in order to find .or@ and settle do.n after release from prison, n) on a voluntary basis, in accordance .ith the sentence severity and the rules applyin/ to the particular re/ime, and as part of a differentiated pro/ressive la. enforcement system participation in educational and trainin/ pro/rammes, as .ell as in personal development pro/rammes to facilitate reinte/ration, o) ri/ht to e0press opinion at any inmates forums .ithin the la. enforcement or/anisation, p) assistance .ith any social issues to facilitate reinte/ration into society upon release. A!tic(e +)0 *+, If permitted by the commander of the la. enforcement institute convicts shall be provided .ith the opportunity, /uarded or un/uarded, to visit seriously ill relatives .hose condition has been certified by a doctor, or to attend the funeral of deceased relatives. *2, If permission as specified under )ection *+, hereof has been /ranted the commander of the la. enforcement institute may order that a device to restrict the movement of the prisoner be used, or in e0ceptional cases may deny the opportunity to ma@e a visit, attend a funeral or pay last respects. *3, Any leave permitted under )ection *+, hereof should not e0ceed a period of five days, and shall not be included in the term of imprisonment. *4, )hould the convict fail to attend the funeral, the commander of the la. enforcement institute, in accordance .ith the conditions specified under )ection *+, hereof, may issue a permit .ithin thirty days of the date of the funeral allo.in/ the prisoner to pay hisOher last respects at the /rave of the deceased relative. A!tic(e +)1 *+, In accordance .ith Article +2+ convicts shall be entitled to ma@e statements to be broadcast in the media or published in the press as specified in Act C$:::( of 26+6 on media services and mass media, or to be disclosed throu/h an electronic communication channel as specified in Act C of 2663 on electronic communications. *2, #he ma@in/ of statement shall be refused if there is serious /round to believe that the statement .ould violate or threat any interest specified in Article +2+. *3, If permit for the prisoner to ma@e a statement has been /ranted, or the permit is deemed to have been /ranted in accordance .ith this Act, the chief commander of the Cun/arian %rison )ervice shall notify the press representative immediately. #he notice must also specify the details of ma@in/ contact .ith the prisoner.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ==
*4, If the permit to ma@e a statement has been refused by the chief commander of the Cun/arian %rison )ervice it must be specified in a .ritten decision includin/ a reason. No classified data may be disclosed in the decision. A/ainst the refusal a court revie. may be re5uested by the prisoner. #he la. enforcement institute must for.ard the re5uest to the -ud/e in char/e of overseein/ the conditions and enforcement of the prisoners sentence .ithout any delay. *>, In order to ensure compliance .ith the provisions of Article +2+ the act of ma@in/ statement shall be supervised by the commander of the la. enforcement institute or any person appointed by him. )hould the statement violate or threat any interest specified in Article +2+ the statement shall be interrupted .hereby the prisoner must be .arned of satisfyin/ the rules and informed that the disclosure of the statement .ould be re-ected if heOshe failed to comply. A!tic(e +)2 *+, #he disclosure of any .ritten, audio or video recordin/ includin/ a statement made and approved by a prisoner *hereinafter 7material to be disclosed8, must be permitted by the chief commander. A permit may be refused if there is violation or threat to any of the interests specified in Article +2+. *2, #he rules described in Article +2> shall apply to any permit or refusal of disclosure .ith the discrepancies specified herein. *3, No repeated ac5uisition of the victims statement shall be re5uired if a procedure for permittin/ a statement in accordance .ith Article +2> ta@es place prior to the procedure for permittin/ disclosure. *4, A/ainst a decision refusin/ disclosure a court revie. may be re5uested by the prisoner. #he la. enforcement institute must for.ard the re5uest to the -ud/e in char/e of overseein/ the conditions and enforcement of the prisoners sentence .ithout any delay. 121. applicable for Version B *>, If the convict intends to disclose hisOher opinion in the press or in a literary publication and a restriction to its content in accordance .ith %ara/raph f, of Article +2+ may apply, a decision re/ardin/ the disclosure of the statement should be made by the -ud/e in char/e of overseein/ the conditions and enforcement of the prisoners sentence. *=, If based on the decision or a complaint made by a victim or a relative of the victim it becomes @no.n to the la. enforcement institute that the statement of the prisoner as specified in )ection *>, hereof may violate the ri/hts or la.ful interests of the victim, the la. enforcement institute shall include the relevant comment and send it .ith the re5uest of the prisoner for disclosure to the chief commander of the Cun/arian %rison )ervice. *D, #he chief commander of the Cun/arian %rison )ervice shall for.ard the re5uest of the prisoner and the available documents to the -ud/e in char/e of overseein/ the conditions and enforcement of the prisoners sentence .ithout any delay and shall notify the prisoner accordin/ly. A!tic(e +)3
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. =D
*+, All prisoners held in la. enforcement institutes must have the opportunity to be attended by a church official, an official member of a reli/ious or/anisation performin/ reli/ious services, a person representin/ church la. or any other person authorised by an or/anisation performin/ reli/ious acts. *2, Convicts must be provided .ith the opportunity to have marria/e, baptism or funeral rites performed by a reli/ious community. *3, Convicts shall be refused the ri/ht to attend reli/ious services should it impose a threat to the order or the security re/ime of the la. enforcement institute. *4, No restriction on voluntary attendance of reli/ious services should apply e0cept for prisoners banned or held in solitary confinement in accordance .ith )ection *3, hereof. Co.ever, the opportunity to have unsupervised meetin/s .ith any of the persons specified in )ection *+, should not be refused even if the prisoner has been banned from attendance or held in solitary confinement or a special security cell or bloc@. *>, #he la. enforcement institute shall facilitate any social or care activity, or any assistance provided by a reli/ious community in preparin/ the convict for release. A!tic(e +)4 Convicts should be permitted access to any documents handed over electronically by a court, prosecutor or investi/atin/ authority durin/ the criminal proceedin/s initiated a/ainst himOher, or to any electronic copies of documents resultin/ from the criminal proceedin/s held a/ainst himOher by means of an I# device provided by la. enforcement authority. A!tic(e +)5 *+, #he ri/hts of pre/nant prisoners and female convicts .ith infants to health protection and child development not /overned by this Act should not be restricted in any .ay. *2, If a female convict /ives birth .hile in prison and there is no /round to refuse -oint accommodation, the infant should stay .ith the mother until its first birthday. *3, #he infant should not stay .ith the mother if a) the mother refuses to ta@e care of her child, b) custody by the mother has been terminated by a court rulin/, c) proceedin/s due to an offence committed a/ainst the child by the mother have been initiated, d) the mother is unable to ta@e care of her child due to health reasons. In the latter case the infant should be allo.ed to stay in the mother2and2child unit of the la. enforcement institute .hile breastfed by the mother. In case of -oint accommodation the mother shall have the ri/ht to ta@e care of her child. *4, ecision in a case initiated for the -oint accommodation of mother and child shall be made by the competent court of the re/istered seat of the la. enforcement institute. *>, A parent havin/ custody or a permit to communicate .ith the child or a /uardian shall have the ri/ht to maintain .ee@ly contact and to be ade5uately informed of the development of the child.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. =<
*=, "0cept for cases specified in )ection *2, hereof a prisoner shall have the ri/ht to communicate .ith hisOher child or to participate in childcare or any relevant decision .ithin the frame.or@ established by la. enforcement unless custody of the child has been terminated or restricted by a court rulin/. A!tic(e +,* *+, "0cept as provided in )ection *3, hereof, and in accordance .ith the relevant statute and re/ime rules, prisoners should be permitted to @eep any items in the la. enforcement institute .hich a) shall not prevent the normal use of the cell, or b) shall be available to the prisoner in a separate stora/e facility, if any, .ithin the la. enforcement institute. *2, #he scope of items allo.ed to be @ept by prisoners shall be restricted in accordance .ith the order and the security re/ime of the la. enforcement institute, and it may differ accordin/ to the rules applyin/ to the particular re/ime. *3, %risoners shall not be permitted to @eep any items .ithin the institute the possession of .hich .ould a) endan/er public security or violate the la., or b) impose a threat to the order and the security re/ime of the la. enforcement institute or the maintenance and control thereof, or endan/er the physical inte/rity or health of the convict or any other person, or c) enable the prisoner to commit an offence, .hether actin/ alone or .ith others, or if criminal proceedin/s a/ainst himOher have been held and havin/ the item .ould endan/er the outcome of the proceedin/s. A!tic(e +,+ !oney shall be sent or received sub-ect to the availability of certification of entitlement, the statement of the prisoner or a valid contact includin/ contact .ith the prisoners defence. A!tic(e +,) urin/ the term of imprisonment convicts must be provided .ith the opportunity to e0ercise their ri/ht to vote should they .ish to do so. %risoners shall be entitled to cast their vote at the place of detention in accordance .ith the re/ulations applyin/ to election procedures. #he identity of each prisoner must be established accordin/ to the re/ister of the relevant la. enforcement institute. #he e0ercise of the ri/ht to vote must be facilitated by la. enforcement institute. Interruption for prisoners may be /ranted for a ma0imum period of three day. A!tic(e +,, If any offence specified in Chapter :I: of the Criminal Code has been committed by a prisoner a/ainst a victim under +< years of a/e, or based on the circumstances of the committed offence it can be established that the violent act a/ainst a person under +< years of a/e had a se0ual motive, upon the admission of the convict to prison any ris@ of a similar offence to be committed by
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. =;
the prisoner after release must be assessed. If the possibility e0ists the prisoner must be offered the opportunity to participate, on a voluntary basis, in the relevant behaviour therapy or other /roup session. Obligations of convicts A!tic(e +,0 #he enforcement of a prison sentence shall have no fundamental influence on the statutory obli/ations of the convict. A!tic(e +,1 *+, %risoners shall be re5uired, in particular, to a) serve the prison sentence in a la. enforcement institute desi/nated by la. or the chief commander of the Cun/arian %rison )ervice, b) comply .ith, and abide by the rules of la. enforcement, c) the carry out any .or@ assi/ned to them, and to comply .ith the rules of any reinte/ration pro/ramme or any security or hy/iene re5uirement of the la. enforcement institute, as .ell as to follo. any /iven instructions, d) to participate in the cleanin/, maintenance and care duties of the la. enforcement institute on an ad2hoc basis .ithout receivin/ any remuneration, e) to under/o any medical e0amination specified by la. or re5uired to establish the state of health of the prisoner, or any mandatory or life2savin/ medical treatment9 for sur/ical operations the relevant health re/ulations should apply, f) to provide sample for any alcohol or dru/ test should there be reasonable /round to suspect violation of discipline or commission of an offence, g) to .ear uniform or other clothin/ in accordance .ith the applicable sentence severity and re/ime rules, h) to contribute to any cost of maintenance e0cept for cases .here the prisoner is unable to .or@ due to reasons beyond hisOher control, and no pension or pre2term allo.ance or no service remuneration is received by himOher, or no deposited money is available at hisOher disposal. *2, A certain proportion of the prisoners earnin/s or any money deposited for the prisoner must be reserved to be available upon release in accordance .ith the relevant re/ulation. *3, %risoners shall be obli/ed to co2operate .ith any persons appointed by la. enforcement institute, the probation supervision service or any or/anisation participatin/ in the reinte/ration activity. A!tic(e +,2 *+, ?or@in/ prisoners shall have to provide a daily contribution to any maintenance cost specified by the chief commander of the Cun/arian %rison )ervice from the remuneration received by them. *2, A non2.or@in/ prisoner shall have to contribute to any maintenance cost a/ainst the pension or pre2term allo.ance or service remuneration received by himOher if disbursed to the la. enforcement institute holdin/ the prisoner, or any deposited money to the e0tent freely available to himOher, and the amount of the contribution shall be deducted directly.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. D6
*3, If a prisoner .ho is provided .ith pension, pre2term allo.ance or service remuneration or has any deposited money freely available to himOher performs any .or@, the amount of the contribution shall be deducted from hisOher remuneration. A!tic(e +,3 *+, %risoners shall be obli/ed to participate in the cleanin/, maintenance and care duties of the la. enforcement institute on an ad2hoc basis .ithout receivin/ any remuneration. *2, 'nly prisoners other.ise fit for employment should be permitted to .or@. Convicts shall not be allo.ed to perform any .or@ until capability has been established. *3, ?or@in/ hours should not e0ceed four hours a day, or a ma0imum of 24 hours a month. #he number of .or@in/ hours could be reduced by the doctor of the la. enforcement institute ta@in/ into account the physical condition or the a/e of the prisoner. *4, For the duration of employment prisoners must be provided .ith .or@in/ clothes and foot.ear, as .ell as access to professional and health and safety trainin/. Accidents shall be assessed in accordance .ith the applicable health and safety re/ulations. *>, An employment re/ister must be @ept by each la. enforcement institute. A!tic(e +,4 urin/ the term of imprisonment convicts shall have to abide by certain rules, especially a) separation from prisoners of the opposite se0 or prisoners servin/ sentences of different severity, or selection into /roups accordin/ to a/e, crime, ris@ analysis or ris@ assessment aspects, employment or health reasons, b) restrictions applyin/ to the particular re/ime, c) screenin/ of any personal items, d) control of any communication by the prisoner e0cept for cases specified in this Act, e) mana/ement of the prisoners personal and contact data, f) any provision or restriction applyin/ to the prisoners lifestyle or movement .ithin the la. enforcement institute, g) enforcement of any security measures specified in Article +4< *2, of this Act. A!tic(e +,5 #he convicts shall not have to bear the costs of a) transport to a la. enforcement institute or institution, includin/ any cases .here a prisoner needs to be transported to a different la. enforcement institute to appear before an authority for civil proceedin/s, b) compulsory attendance in a criminal case includin/ mediation, c) medical treatment in relation to alcohol abuse, d) monitorin/ the mental state of a prisoner, e) dru/ prevention activity, treatment for dru/ addiction, other dru/ abuse related treatment, or any prevention and information service, f) temporary surrender to another state in the frame.or@ of le/al assistance.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. D+
A!tic(e +0* *+, In case of emer/ency affectin/ the la. enforcement institute .here the prisoner is held the prisoner shall be obli/ed to ta@e part in any action re5uired to avert emer/ency. *2, For the duration of emer/ency the ri/hts of the convicts specified in this Act may be restricted to the e0tent necessary to avert such situations. *3, Convicts shall have to comply .ith special emer/ency obli/ations re5uired by the relevant statute, and may be re5uired to perform temporary disaster mana/ement services. *4, In case of immediate dan/er to the la. enforcement institute .here the prisoner is held, or if the la. enforcement institute becomes unusable, the prisoner must be transported to a different la. enforcement facility. A!tic(e +0+ #he la. enforcement authority shall have all ri/hts and obli/ations to ensure and enforce the le/al ramifications specified in this Act by all la.ful means. !egal remedy A!tic(e +0) *+, Unless other.ise provided by this Act, detainees shall have the ri/ht to submit applications or ma@e complaints about criminal enforcement or other detention related issues. *2, Unless e0cluded by this Act, a detainee may submit an application or complaint directly to the prosecutor in char/e of the -udicial revie. of la. enforcement, or to the 'mbudsman, the National Authority for ata %rotection and Freedom of Information, or any international or/anisation specified in the relevant statutes. *3, In cases specified in this Act or in any statute under the authority of this Act, detainees shall have the ri/ht to see@ le/al remedy or file applications on issues related to their prison status. ?hen see@in/ le/al remedy the detainee shall have the opportunity to re5uest information on hisOher ri/hts and obli/ations, and the relevant information must be provided in due time. *4, #he ri/ht of a detainee to see@ le/al remedy shall be ensured by the relevant la. enforcement institute. For reasons includin/ deafness, muteness, deaf2muteness, partial si/htedness, illiteracy or the inability to spea@ Cun/arian, or for health reasons assistance .ith see@in/ le/al remedy must be ensured. etainees concerned .ith any of the specified conditions must inform the la. enforcement authority accordin/ly. )hould the detainee fail to provide such information, no reference to hisOher condition upon termination of the proceedin/s shall be accepted. *>, Any declaration made by an illiterate detainee shall be recorded in the presence of t.o impartial .itnesses if so re5uested. #he same procedure should be follo.ed if the detainee has no deposited money and is unable to submit an application in .ritin/. *=, )hould a detainee act throu/h hisOher representative, the relevant proof of entitlement must also be provided.
A!tic(e +0, *+, etainees shall have the ri/ht to submit .ritten applications about detention related issues to an authorised member of the la. enforcement authority. *2, A detainee may re5uest the commander or the head of the relevant or/anisational unit of the la. enforcement institute for a personal intervie.. *3, Any re5uest by a detainee must be recorded and filed by la. enforcement institute. *4, If any proof to support an application must be provided by the detainee, heOshe shall be informed accordin/ly, and should the detainee fail to provide such proof, heOshe shall be called upon to rectify the deficiency. #he same procedure should be follo.ed if the aim of the application cannot be established. etainees must be informed that if they fail to rectify a deficiency .ithin the specified time limit, the relevant application shall be assessed based on the available information. *>, A detainee should not be called upon to rectify a deficiency if the relevant data are officially @no.n to the la. enforcement authority. If responsibility to obtain the data lies .ith the la. enforcement institute, the relevant action shall be ta@en accordin/ly. *=, Applications shall be considered .ithin thirty days, or if necessitated by the case as a matter of ur/ency. In -ustified cases the ordinary deadline may be e0tended once by thirty days, and the detainee must be informed of the e0tension includin/ a reason. #he reason for the e0tension and the date of notice shall be recorded in the reinte/ration re/ister. *D, Any time allo.ed for the parties to rectify a deficiency, or to obtain any document as part of a procedure, or to ma@e contact, re5uest e0pert opinion or hear the proposed .itnesses shall not be included in the time limit allo.ed for the procedure. *<, #he detainee concerned shall be informed of the outcome of the application. *;, (erbal information on the decision /rantin/ the application may also be provided to the detainee. *+6, #he content of the decision and the date of notice shall be recorded in the re/ister. At the same time the decision shall be provided to the concerned party in .ritin/. A!tic(e +00 *+, Unless a decision has been /ranted, the detainee shall have the ri/ht to submit a .ritten complaint .ithin fifteen days a/ainst a decision as specified in Article +43 hereof, or a/ainst any action or failure to act to the commander of the la. enforcement institute .here the relevant decision, action or failure occurred. If the relevant decision, action or failure .as due to the commander of the la. enforcement institute or the head of an appointed or/anisational unit of the Cun/arian %rison )ervice, the complaint shall be decided by the chief commander of the Cun/arian %rison )ervice. *2, #he complaint shall not be /ranted, and it shall be re-ected .ithout substantive e0amination if
a) the deadline for submittin/ a complaint has already e0pired, b) decision on the complaint is outside the competence of the la. enforcement institute, or the complaint is not related to a la. enforcement status, c) accordin/ to the re/ister an application by the detainee concernin/ the same sub-ect has already been decided and no ne. facts or circumstances in the recently submitted application have been revealed, d) the application has not been made by the eli/ible person, or the entitlement of hisOher representative has not been proved despite a notice to do so, e) the application has been /ranted and fully decided, f) the application or complaint has been .ithdra.n by the detainee. *3, #he time limit to file a complaint shall be available from the date of notice of the decision, or if there is any circumstance to prevent the detainee from filin/ a complaint, from the date .hen such a circumstance is removed. #he opportunity to file a complaint shall be available .ithin ei/ht days from the removal of the circumstance alon/ .ith a re5uest for verification. #he re5uest for verification must include a reason for failure, and it shall be presumed that the complainant .as not at fault. No re5uest for verification may be submitted beyond three months of the date of notice of the decision. *4, If the re5uest is outside the competence of the la. enforcement institute, it shall be specified in the decision re-ectin/ the application. If it is clear from the re5uest, the details of the competent body should be brou/ht to the attention of the complainant. *>, ecision on the complaint, includin/ re-ection .ithout substantive e0amination, shall be made .ithin thirty days of receipt. #he provisions specified in Article +43 *=, and *D, shall be reasonably applied to the deadline available for decision. *D, #he decision shall include a) the name of the la. enforcement authority ma@in/ the decision, b) in the operative terms the personal data of the detainee includin/ hisOher name, birth name, re/istration number, place and date of birth, mothers name, the actual decision and information on the complainants ri/ht to remedy includin/ the relevant date and place, c) the reason specifyin/ the established facts, the content of the decision and reference to the statutes based on .hich the decision .as made, d) the date and place of decision, and the name and position of the person responsible for the decision. *<, #he decision shall be si/ned and stamped by the decision ma@er. A copy of the decision shall be handed over to the detainee a/ainst hisOher si/nature. )hould the detainee refuse to ta@e over the decision, a record of it must be made, or if the refusal is submitted in .ritin/, it must be attached to the decision. *;, #he detainee shall have the ri/ht to file a complaint a/ainst the decision to the prosecutor in char/e of the -udicial revie. of la. enforcement .ithin fifteen days. Upon the e0piry of the deadline, or the re-ection of the complaint by the prosecutor, the content of the decision and its date shall be recorded in the re/ister. *+6, If a complaint is filed to the prosecutor, the relevant fact shall be recorded in the re/ister.
*++, If the complaint is /ranted by the prosecutor, the detainee and the la. enforcement authority ma@in/ the decision shall be notified in .ritin/. #he la. enforcement authority shall act based on the notice and the decision made by the prosecutor. #he decision shall be recorded in the re/ister alon/ .ith its date and reference number. *+2, If an application or complaint is submitted directly to the prosecutor in char/e of the -udicial revie. of la. enforcement, upon notice by the prosecutor the provisions specified in this Article and Article +43 should be follo.ed. A!tic(e +01 *+, ?here this Act or any statute under the authority of this Act permit, the detainee shall have the ri/ht to see@ le/al remedy .ithin the deadline specified therein. *2, &emedy durin/ the procedure may be sou/ht verbally, or in .ritin/ in accordance .ith the provisions of the statute. *3, )hould a detainee fail to meet the deadline specified for remedy, or if the ri/ht to see@ remedy is surrendered by himOher, it .ill not be possible to see@ remedy or .ithdra. surrender. *4, ?here see@in/ remedy is permitted by la., the concerned party shall be duly notified .hen the decision is made. A!tic(e +02 *+, Unless released, claim for dama/es may be submitted by the detainee to the la. enforcement institute .here the dama/e occurred, or if the dama/e occurred durin/ employment, to the la. enforcement institute responsible for the employment contract concluded .ith the economic operator. )hould the detainee participate in a social reinte/ration pro/ramme, claim for dama/es may be submitted to the la. enforcement institute responsible for concludin/ the contract .ith the relevant or/anisation. *2, Any claim for dama/es shall be sub-ect to a decision a/ainst .hich appeal by the detainee may be submitted .ithin a limitation period of 36 days to the competent court of the re/istered seat of the la. enforcement institute responsible for the decision. *3, #he la. enforcement institute shall be responsible for any dama/e incurred by the detainee in accordance .ith the provisions of the Civil Code. If the detainee .as employed by a different economic operator .hen the dama/e occurred, the dama/e related to employment shall be /overned by the Act on the $abour Code on condition that compensation for the dama/e incurred by the detainee shall be paid by la. enforcement authority responsible for the employment contract. In accordance .ith the provisions of the Civil Code compensation for any dama/e incurred by a detainee .hile participatin/ in a social reinte/ration pro/ramme shall be paid by la. enforcement authority responsible for concludin/ the contract .ith the relevant or/anisation. *4, Compensation for the occurred dama/e shall not affect responsibility for the dama/e, and it shall not hinder redress by la. enforcement authority. *>, Upon release of the detainee any claim for dama/es based on the provisions of the Civil Code may be enforced by filin/ an application directly to the competent court of the re/istered seat of the la. enforcement authority .ithin the specified time limit.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. D>
A!tic(e +03 *+, If a decision by la. enforcement institute imposes an obli/ation on a detainee to pay compensation for any dama/e caused by himOher, an appeal a/ainst the decision may be submitted to the competent court of the re/istered seat of the la. enforcement authority .ithin a limitation period of 36 days. *2, #he appeal shall have no suspensory effect, and the amount of compensation shall be deducted from the account of the detainee mana/ed by la. enforcement institute. *3, #he la. enforcement institute shall have to repay the deducted amount if it is ruled by the court. .aintenance of the order and the security regime of law enforcement A!tic(e +04 *+, In order to maintain the order and the security of la. enforcement, and to prevent the commission of offence, the security measures specified in )ection *2, belo., or in cases specified by la. coercive means a/ainst a prisoner may apply. *2, #he applicable security measures shall includeB a) separation of a prisoner for security reasons9 b) placement in a special security cell or bloc@9 c) use of devices to restrict the movement of a prisoner9 d) use of an electronic remote surveillance device9 e, use of an electronic monitorin/ device *7ta/8,9 f) body search9 g) security chec@, screenin/ or inspection9 h) provision to @eep all doors loc@ed9 i) suspension of certain ri/hts. *3, In -ustified cases the simultaneous application of more than one security measure shall be allo.ed. *4, #he members of the la. enforcement or/anisation shall have all ri/hts and obli/ations to ta@e measures re5uired to terminate actions violatin/ or endan/erin/ the security of a la. enforcement institute to restore and maintain order. *>, #he members of the la. enforcement or/anisation actin/ la.fully shall have the ri/ht to use any of the approved coercive means. #he conditions applicable to the use of coercive means shall be established by the statute applyin/ to the la. enforcement or/anisation. A!tic(e +05 *+, )eparation for security reasons shall be imposed if a prisoner a) imposes serious violation or threat to the order of la. enforcement, b) participates in collective disobedience, c) refuses to obey orders or to carry out .or@, or
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. D=
d) the behaviour of the prisoner is dan/erous to self and others. *2, #he commander of the la. enforcement institute or a member of staff authorised by him shall have the ri/ht to impose or terminate separation orders for security reasons. )eparation may only be imposed for a period durin/ .hich the circumstance resultin/ in isolation e0ists, or for a ma0imum period of ten days, and may be e0tended by the commander of the la. enforcement institute once, by no more than ten days. *3, urin/ the term of separation a) the prisoner shall be under constant supervision, b) any movement by the prisoner .ithin the institute shall be sub-ect to special permit and supervision, and the door to hisOher cell shall be loc@ed at all times, c) any communication .ith visitors shall be permitted in a special security room or throu/h a special safety device, d) no participation in any of the prisoners activity /roups shall be allo.ed, e) the prisoner shall have no access to the cultural, sports or leisure facilities of the institute and no self2trainin/ opportunity shall be allo.ed, f) the prisoner shall not be allo.ed to .ear hisOher o.n clothes, g) it .ill be possible to impose restriction on the scope and the number of items allo.ed to be @ept by the prisoner. *4, It .ill be possible to apply the restrictions specified in )ection *3, individually or -ointly, and the relevant decision shall be made in .ritin/ by the person imposin/ the restriction*s,. *>, Upon issuin/ an order for the isolation of a prisoner .hose behaviour is dan/erous to self or others, simultaneous arran/ements for immediate medical e0amination shall also be re5uired. )eparation for security reasons may only be imposed for a period considered necessary by the doctor, but for ma0imum 24 hours. )hould the behaviour of the prisoner remain unsettled after separation, psychiatric treatment in accordance .ith the instructions of the psychiatrist shall ta@e place in isolation, or in the medical unit of the institute or a residential medical facilityQ *=, %sychiatric treatment in isolation should not ta@e lon/er than 4< hours. A!tic(e +1* *+, #he la. enforcement institution may order the placement of a convict into a special security cell for a period up to si0 months, .hich may be rene.ed once, for another three months. #he la. enforcement institution shall ma@e in the form of a reasoned decision. #he commander2in2 chief of the Cun/arian %rison )ervice shall /ive their rulin/ in the form of a reasoned decision about placement into a special security cell A or the e0tension of up to si0 months, moreover about the placement of the convict into a special security unit, or about the A occasional A e0tension of up to si0 months thereof. *2, #he convict may submit a -udicial revie. re5uest to the -ud/e overseein/ la. enforcement .ithin three days from the notice of the decision a/ainst the decision of the la. enforcement institution and the commander2in2chief of the Cun/arian %rison )ervice. #he re5uest for a -udicial revie. re5uest shall not have suspensory effect to the enforcement. A!tic(e +1+
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. DD
Candcuff .ith or .ithout fi0in/ belt, leadin/ handcuff or other devices for fi0in/ limbs may be used as movement restrainin/ e5uipment 2not involvin/ bodily in-ury A may apply until the termination of the circumstance /ivin/ reason to the measure or for up to a period of t.elve hours, dependin/ on the convicts health status. #he t.elve hours restriction shall not apply to the accompanyin/ and /uardin/ of the convict outside the la. enforcement institution. A!tic(e +1) *+, For the trac@in/ of the convicts movement, an electronic remote trac@in/ device may be used in the follo.in/ casesB a, the convicts employment outside the la. enforcement institution, b, /uardin/ and supervision of a detainee placed in civilian health institution, c, supervision of the detainee visitin/ a seriously ill close relative, d, supervision of the detainee attendin/ a funeral of a close relative, e, supervision of evenin/2out in /roup . A!tic(e +1, *+, #he la. enforcement institution may install electronic monitorin/ device *7ta/8, into the common areas, sections, courtyard of the la. enforcement institution reserved for detainees, as .ell as to the outer boundary .alls and /ate of the la. enforcement institution. *2, "lectronic monitorin/ device may be installed into the special security cell and unit, into the safety seclusion room, into the disciplinary seclusion room and into the solitary confinement cell. Furthermore, electronic monitorin/ device *7ta/8, may only be installed into cell if it is necessary to follo.2up the activities of the detainee .ho attempted suicide earlier, in order to prevent further similar incidents. *3, #he audio and video trac@s recorded by the electronic monitorin/ device shall be preserved for si0ty days and shall be deleted after this period A e0cept for the suspicion of a criminal offense or a disciplinary offense. If a criminal offense is suspected, they shall be preserved until the final ad-udication of the proceedin/ and in case of disciplinary offense until the conclusion of the disciplinary proceedin/, respectively. A!tic(e +10 *+, #he hand search and the e0amination of the clothin/ of the detainee shall be carried out by a person of the same se0 .ith the detainee A not includin/ the doctor involved in the body search, as .ell as the e0amination of the clothin/ by means of technical device. *2, #he hand search shall not be carried out in a humiliatin/, indecent .ay. *3, #he invasive body search shall be performed by a doctor, A sub-ect to para/raph *4,. *4, #he visual inspection of the oral cavity may be performed by the member of the la. enforcement institution of different se0 than the detainee.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. D<
*>, urin/ the inspection of the personal belon/in/s of the detainee, a minute shall be dra.n up re/ardin/ the confiscation and destruction of those ob-ects that cannot be held by the detainee. A!tic(e +11 *+, #he safety inspection of the cells, livin/ rooms, .or@ areas, sanitary facilities and other premises used for the accommodation of the detainees shall be carried out on a daily basis. *2, In order to maintain security in the la. enforcement institution, and to prevent, stop and e0traordinary events, the premises and areas of the la. enforcement institution may be inspected at any period of the day, besides the daily security inspections. *3, #he security inspection involvin/ all of the rooms and premises of the la. enforcement institution shall be performed as necessary, but at least every t.o months in a penitentiary, at least every four months in a prison and at least every si0 months in a remand prison, respectively. *4, A security inspection involvin/ all the areas of the security system shall be performed in the la. enforcement institution, at least once a year. A!tic(e +12 #he commander of the la. enforcement institution may order @eepin/ the doors shut .ithin the placement bloc@ of the detainees for the reason of security, in order to prevent, interrupt and remedy of e0traordinary events, A until termination of the root cause, irrespective of the de/ree of e0ecution. A!tic(e +13 *+, For the period of elimination of the events directly violatin/ the order of the la. enforcement institution and the security of the detention or posin/ threat thereon, the commander of the la. enforcement institution may order the partial or complete suspension of the e0ercise of ri/hts referred to in Article +23 b,, e,, n, and o, for a specific /roup of convicts, A for a period up to five days. #he national commander of la.2enforcement may e0tend the duration of the measure for another five days. *2, #he prosecutor shall be informed immediately about the initiation of the measure referred to in section *+,. #he prosecutor shall e0amine the -ustification of the measure immediately and may chan/e the content thereof and may terminate the suspension of the e0ercise of the ri/hts. *3, #he e0ercise of the lost ri/hts shall be ensured subse5uently for the convict .ho .as innocent in the cause of the measure referred to in )ection *+,. (lacement and financial supply for convicts A!tic(e +14 *+, #he convicts may be placed to/ether, but .here possible, the convict shall be accommodated alone. *2, #he convicts shall be accommodated .ith bed linen and one2bun@ beds.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. D;
*3, #hree meals a day A at least one of .hich is hot meal A shall be provided for the convicts, based on the standards established in accordance .ith their .or@, health status and a/e. *4, Appropriate seasonal uniforms, under.ear and foot.ear shall be /iven to the convict. )hould the la. enforcement institution not be temporarily able to provide uniforms, then the convict may .ear hisOhear o.n uniform for this period. *>, In the event of an incident A for a period up to three days A only cold meal may be provided to the convict, moreover pac@a/ed cold food shall be /iven to the convict to be transferred or brou/ht to court. 0ealth care for convicts A!tic(e +15 *+, #he health and social security la. shall apply to the health care for convict. %harmaceutical product and medical appliances shall be provided to the convict as specified in a separate le/al re/ulation. *2, In case of a convict not havin/ deposit money, income or other cash, moreover the convict entitled for free medical care under the le/islative provisions /overnin/ public health care, the la. enforcement institution shall assume to pay the fees of the pharmaceutical product and medical appliances to the e0tent defined by the le/islative provisions /overnin/ public health care. #he fees of the pharmaceutical product, medical appliance necessary for the preservation, restoration of the .or@ capacity of a .or@in/ convict shall be provided by the la. enforcement institution, if the treatment became necessary for the reason of an incident occurred durin/ detention or a .or@2 related illness. *3, #he pre/nant convict and the child accommodated in the mother2child department shall receive pharmaceutical product and medical appliance free of char/e. *4, ?ith the consent of the physical of the la. enforcement institution and authorisation from the .arden of the la. enforcement institution, the convict may use a pharmaceutical product pharmaceutical product and medical appliances paid by relatives or third persons. *>, #he convict may use the health services sub-ect to payment or partial payment provided for by la. in e0chan/e for the imposed fee. *=, #he la. enforcement institution may assume the payment of the e0penses included in para/raph *>, in situations meritin/ particular treatment. A!tic(e +2* urin/ imprisonment, the convict shall be provided health services under the healthcare, social security and health insurance le/islation in force, and mandatory professional procedures. A!tic(e +2+ #he convict shall be sub-ect to the compulsory medical e0amination imposed by le/islation or necessary for the assessment of the convicts health status, as .ell as to life2savin/ medical treatment, the operation shall be /overned by the health la..
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. <6
A!tic(e +2) #he health and social security la. shall apply to the health care of the convict. A!tic(e +2, In order to protect the o.n health and that of the community, the detainees ri/ht of self2 determination relatin/ to the refusal of medical care may be limited in the follo.in/ casesB a, in case of e0istence of an endan/erin/ and directly endan/erin/ status, b, for the prevention of life2threatenin/ condition and an e0pectedly lastin/ harm, c, for public health and epidemiolo/ical interest, d, in cases provided for in la. . A!tic(e +20 urin/ the detainees health care, the detainees ri/ht of free selection of health care provider and doctor may be limited A e0cept for the treatment sub-ect to payment and the treatment that may not be performed in a medical correctional or/anisation mana/ed by a penal institution *hereinafter referred to asB penal health institution,. A!tic(e +21 #he detainees ri/ht of maintainin/ contact may be restricted as defined in this Act. A!tic(e +22 #he patient may .ithdra. hisOher consent to carry out the intervention at any time. Co.ever, in case of .ithdra.in/ consent .ithout due cause, heOshe may be obli/ed to the payment of the incurred and reasonable e0penses. A!tic(e +23 urin/ the e0ecution of the sentences and measures, the appropriate curative2preventive care of the detainees health status shall be carried out primarily by la. enforcement institution in 5uestion, moreover the Central Cospital, the Chronic After2#reatment epartment thereof operatin/ in the )1e/ed )trict and Correctional institution and the Forensic !onitorin/ and !ental Cealth Institution and the detainee shall be re5uired to use this service. A!tic(e +24 )hould the appropriate health care not be available .ithin the la. enforcement or/anisation, then the medic of the la. enforcement institution *hereinafter referred to asB la. enforcement doctor, or the la. enforcement healthcare service shall ta@e efforts to ensure that the detainee may receive appropriate health care in a health care establishment *hereinafter referred to asB health care establishment, not mana/ed by la. enforcement or/anisation. A!tic(e +25
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. <+
Ey .ay of dero/ation from Article +=D, the detainee may use the services sub-ect to payment of health care establishment if this .as authorised by the commander of the la. enforcement institution, the detainee shall pay the e0pected costs A includin/ the transportation costs as .ell, and the health care establishment shall underta@e to provide the service. A!tic(e +3* *+, In the la. enforcement institution, the emer/ency health service shall be provided to the detainee by la. enforcement doctor, the doctor performin/ on2call duties outside normal .or@in/ hours and in non2.or@in/ days9 in absence thereof, the competent /eneral practice on2call service, emer/ency health service or ambulance service .ithin .hose territory the la. enforcement institution is situated. *2, ?hereas the detainee needs ur/ent specialist or hospital treatment and the la. enforcement institutions medical department is hardly accessible, then the detainee shall be transported into the nearest health care establishment providin/ appropriate and re5uired healthcare. *3, #he transportation of the detainee needin/ ur/ent medical care into a health care establishment shall not be denied and postponed. &eintegration of convicts A!tic(e +3+ *+, In the frame.or@ of the reinte/ration activity, dependin/ on the duration of the sentence, the convict shall receive semi2s@illed .or@er trainin/ and s@illed .or@er trainin/ or, dependin/ on the possibilities of the la. enforcement institution, havin/ ta@en into account the penitentiary aspects, a vocational trainin/, moreover A upon the consent of the commander of the la. enforcement institution A heOshe may receive support to be/in or continue hi/her education studies. *2, It should be possible for the convict to carry out elementary school studies in the la. enforcement institution. If there is no primary education in the /iven la. enforcement institution, then the convict may be transported to a la. enforcement institution able to ensure primary education upon re5uest, .here possible. *3, #he convict shall be e0empted from the .or@ A for the time specified by la. A upon re5uest for the preparation for the e0am. *4, ?ithin its capabilities, and ta@in/ into account the penitentiary aspects, the convicts self2 education shall be supported. *>, #he conditions of the re/ular .or@ shall be provided to the convict. *=, In order to ensure the successful reinte/ration, measures shall be ta@en for the maintenance and development of the convicts familiar relationships and other relationships. *D, In order to use free2time usefully, the convicts should have access to education, sports and reli/ious practice. &ewarding
A!tic(e +3) *+, #he convict may be re.arded for hisOher e0emplary conduct, results achieved in .or@, dili/ence sho.ed in the studies, activities carried out for the community, for savin/ life or si/nificant financial value or the prevention of serious dan/ers. *2, #he re.ards are the follo.in/B a) compliment" b, access to free2time and sport activities free of char/e, c, reception of visitors outside schedule, the e0tension of visitin/ time, d, increasin/ the amount to be used for personal needs, e, cash re.ard, f, ob-ect re.ard, /, deletion of e0ecuted punishment from the records, h, reception of visitors outside the la. enforcement institution, outside of visitin/ time, i, evenin/2out in re.ard, -, leave in re.ard. A!tic(e +3, #he Article +D2 *2, i, and -, shall not be authorised if a, there is a ne. criminal proceedin/ in pro/ress a/ainst the convict, b, the convict may not be released on parole, c, the convict repeatedly or seriously violated the rules of conduct. A!tic(e +30 #he reception of visitor .ithin the la. enforcement institution, the duration of the evenin/2 out in re.ard and leave in re.ard shall be counted into the period of the imprisonment. In other respects, the rules of evenin/2out and leave shall apply to the evenin/2out in re.ard and leave in re.ard. (unishments and disciplinary proceedings A!tic(e +31 *+, #he follo.in/ punishments may apply a/ainst the convict .ho seriously violated the order of criminal enforcement, as .ell as for the preservation of the order and security of the la. enforcementB a) reprimand" b, limitation of ri/hts, .ith maintainin/ the le/al minimum, c, limitation or prohibition of participation on pro/rammes, events, free2time and sport events in the la. enforcement institution, d, .ithdra.al of bonuses, d, decreasin/ the amount to be used for personal needs, f, suspended solitary confinement, /, solitary confinement.
*2, #he amount to be spent on personal needs may be reduced for a period of si0 months, .ith up to fifty percent. *3, #he limitation of ri/hts may cover a period up to three months. *4, #he prohibition of participation on pro/rammes and events at la. enforcement institution, the limitation of participation on free2time and sport events may apply in specific cases, but for a period up to three months. *>, #he period of .ithdra.al of bonuses may be at least one month but for no more than three months. *=, #he duration of the suspension referred to in *+, f, may be no more than si0 months. If the convict violates the order of the la. enforcement institution or commits another disciplinary offense, durin/ the suspension of solitary confinement, then a ne. solitary confinement shall be carried out and such circumstance shall not affect the ne. disciplinary proceedin/. A!tic(e +32 *+, #he solitary confinement may ran/e up to thirty days in penitentiary, t.enty days in prison and ten days in remand prison, and it may be allo.ed to the convict to .or@ and /o to school durin/ this period. *2, )olitary confinement shall not apply a/ainst pre/nant .oman and .oman .ith small children. *3, urin/ the e0ecution of solitary confinement, the convict a, may not /o on evenin/2out and leave, b, may not send and receive pac@a/e, c, may not receive visitors, e0cept for the pastor as .ell as the future employer, the probation supervisor and the representative of the charity, in order to prepare for the release9 d, may not shop for personal needs, e, may not use the opportunities for cultural and sports activities of the la. enforcement institution and may not read press products. *4, #he convict may have contact .ith the counsel for the defence, and upon consent of the commander of the la. enforcement institution, may visit hisOher seriously ill relative and attend hisOher relatives funeral. *>, #he visit, consi/nment or shoppin/ for the convicts personal needs that .as postponed due to the solitary confinement, may be authorised after the e0ecution of solitary confinement. *=, If the doctor does not recommend the continuation of solitary confinement due to the health status of the convict, then the solitary confinement shall be interrupted. A!tic(e +33 *+, At the imposition of punishment, the severity of violation and the previous conduct of the convict shall be ta@en into account, ta@in/ into consideration the ob-ective of the punishment.
*2, If the insubordination includes infrin/ement as .ell, then it shall be considered as a disciplinary offense. *3, If criminal offense is realised by the insubordination, then a complaint shall be brou/ht besides the punishment. *4, the convict may submit a -udicial revie. re5uest to the -ud/e overseein/ la. enforcement a/ainst the decision of the la. enforcement institution on solitary confinement. #he -udicial revie. re5uest shall be reported immediately at the time of the notice9 the re5uest shall have suspensory effect to the solitary confinement. *>, #he order of the disciplinary proceedin/ shall be set out in a specific te0t. A!tic(e +34 *+, #he body in the e0ercise of disciplinary po.ers may terminate the proceedin/ and may suspend the e0ecution of the punishment if the convict ta@es part in mediation. *2, In the case assi/ned to mediation by the body in e0ercise of disciplinary po.ers, the mediation bet.een the convicts may be carried out by the 5ualified member of the la. enforcement institution staff. &ules of communication A!tic(e +35 *+, urin/ the imprisonment, the la. enforcement institution, based on the rules referred to in this Chapter, as .ell as to rules relatin/ to the sentence severities and re/imes, shall promote in order to ensure inte/ration into the society that the convict may stay in contact .ith hisOher relatives, other persons and outer or/anisations promotin/ reinte/ration and may develop such relation. *2, As defined in this la. and the sentence itself, the convicts communication may be monitored and limited in order to ensure the security of the la. enforcement institution and the detention. A!tic(e +4* !ethods of contactB a, correspondence, b, electronic mail, c, telephone conversation throu/h the telephone line provided by la. enforcement institution or the detainees cell phone, d, Internet2based phone calls, and Internet2based video telephony, e, sendin/ and receivin/ pac@a/es, f, acceptin/ visitors, h, reception of visitors outside the la. enforcement institution, h, evenin/2out, i, leave.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. <>
*orrespondence A!tic(e +4+ *+, #he convict may correspond .ith hisOher relatives, as .ell as .ith the persons indicated by himOher and permitted by la. enforcement institution, the fre5uency and si1e of the letters is not limited. *2, #he letter .ritten by the convict, as .ell as the letter received by himOher A provided that no le/al provision stipulates to the contrary A shall be for.arded and delivered no later than the second .or@in/ day. *3, #he purpose of the security inspection of the correspondence is the maintenance of the security of the detention and the prevention of the activities violatin/ the security and posin/ threat thereto. *4, #he content of the convicts correspondence .ith the authorities, international human ri/hts or/anisations and counsel for defence shall not be chec@ed. If there /ood reasons that the letters received by the convict did not arrive from the authority, international or/anisation or counsel for defence indicated on the envelope, then the envelope shall be opened in the convicts presence, A .ith dra.in/ up minute at the same time. #he inspection shall be used e0clusively for the identification of the sender. *>, If .ith respect to the letter to be chec@ed by content, the la. enforcement institution states that the letter contains data, information or ob-ect that poses threat to the detention security, then the letter shall not be for.arded and delivered to the convict. Electronic mail A!tic(e +4) *+, #he convict may send a hand.ritten and electronically recorded letter or an e2mail created by computer pro/ramme, as .ell as heOshe may receive e2mails to the e2mail address provided by la. enforcement institution. *2, As for the inspection of the electronic correspondence, the rules relatin/ to correspondence of this Act shall apply. +elephone conversation A!tic(e +4, *+, #he convict may initiate phone calls in fre5uency and duration under the provisions relatin/ to the sentence severities and re/imes of the imprisonment. #he convict shall have the opportunity to use telephone for at least fifteen minutes per .ee@ in penitentiary, at least forty minutes per .ee@ in prison and si0ty2five minutes per .ee@ in remand prison, respectively. *2, In accordance .ith the provisions of the policy, the convict shall use e0clusively the telephone line provided by la. enforcement institution or the detainees cell phone. #he la. enforcement institution provides the phone line to the convict in e0chan/e for rental fee.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. <=
*3, In order to ensure the order of the la. enforcement institution and the security of the detention, the telephone conversation may be controlled as specified in a separate le/al re/ulation and may be interrupted .here appropriate, and the convict shall be informed about such event. /nternet#based phone calls" and /nternet#based video telephony A!tic(e +40 *+, #he convict may initiate and receive Internet2based phone calls and Internet2based video telephony under supervision, in fre5uency and duration under the provisions relatin/ to the sentence severities and re/imes of the imprisonment. *2, #he convict shall be entitled to use the Interned2based phone and Internet2based video telephony as specified in a separate le/al re/ulation, on the computer assi/ned by la. enforcement institution. Sending and receiving packages A!tic(e +41 *+, #he convict may send and receive pac@a/es in a manner specified by re/ulation. #he la. enforcement institution shall send notice throu/h the convict on the options, methods of parcel and bearin/ e0penses. *2, #he convict may receive pac@a/es every four months in penitentiary, every three months in prison and every t.o months in remand prison, respectively. #he parcel shall not be limited in respect of the pharmaceutical products and medical appliances necessary for the convict. *3, In order to ensure the security of the la. enforcement institution and the detention, the pac@a/e sent and received by the convict shall be inspected, and the convict shall be informed about this possibility. *4, #he pac@a/e may contain all those ob-ects that the convict may @eep .ith permission. *>, If the convict does not receive pac@a/es, then the commander of the la. enforcement institution may /ive permission to the convict to shop usin/ the deposit money A in addition to the amount to be spent on personal needs A ta@in/ into account the rules /overnin/ the content of the pac@a/e. *=, #he commander of the la. enforcement institution may /ive permission to the relative to hand over the pac@a/e directly at the la. enforcement institution. &eception of visitors A!tic(e +42 *+, #he convict may receive visitors at least on a monthly basis.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. <D
*2, #he conversation bet.een the convict and the visitor may be monitored, and the convict and visitor shall be informed about such option. *3, If it is reasonable for the security of the la. enforcement institution, then the commander of the la. enforcement institution may ordain to the convict to spea@ to the visitor in a security spea@in/ cabin or throu/h fences. *4, All those persons shall be e0cluded from the visit .ho .ere interdicted from that by the prosecutor or the court in order to ensure the effectiveness of the criminal proceedin/ in pro/ress, and all those persons .hose conduct poses a threat to the security of the la. enforcement institution and the detention. *>, #he visit may be interrupted if the convict or the visitor violates the order of the visit and does not stop such conduct despite the .arnin/. *=, #he visit shall be interrupted provided that the necessary measures are ta@en, if the convicts or the visitors behaviour directly violates the order of the la. enforcement institution and the detention security or poses threat thereto. &eception of visitors outside the law enforcement institution A!tic(e +43 *+, #he convict may receive visitor outside the la. enforcement institution under the provisions relatin/ to the sentence severities and re/imes of the imprisonment. *2, For the duration of the visit outside the la. enforcement institution, the commander of the la. enforcement institution may permit the issuance of spendin/ money funded by the convicts deposit money. #he duration of the visit outside the la. enforcement institution shall be included into the duration of the imprisonment. *3, In case of the reception of visitor outside the la. enforcement institution, the convict may leave the la. enforcement institution only after the visitor has arrived to the la. enforcement institute. *4, #he reception of visitor outside the la. enforcement institution may be permitted to the convict .ho served one2third of the sentence, spent at least one year in penitentiary, at least si0 months in prison, at least three months in remand prison or .ho .as placed into transition unit. Evening#out A!tic(e +44 *+, #he evenin/2out may be permitted to the convict .ho served one2third of the sentence, spent at least one year in penitentiary, at least si0 months in prison, at least three months in remand prison or .ho .as placed into transition unit. *2, #he duration of the evenin/2out shall not e0ceed t.enty2four hours. For the duration of the evenin/2out, the commander of the la. enforcement institution may permit the issuance of spendin/ money funded by the convicts deposit money.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. <<
*3, #he evenin/2out may be permitted primarily for the maintenance of the convicts family and social relations, and for the promotion of ta@in/ steps for .or@place and home after the release. *4, "venin/2out may be permitted also for /roup of convicts. #he commander of the la. enforcement institution shall decide .hether the evenin/2out is possible .ith an accompanyin/ person or not. !eave A!tic(e +45 #he leave shall be permitted to the convict .ho served one2third of the sentence, spent at least one year in penitentiary, at least si0 months in prison, at least three months in remand prison. #he duration of the leave2in2re.ard shall be up to five days in penitentiary, ten days in prison, fifteen days in remand prison and transition unit, respectively. If the convict has paid holidays, then the leave shall be included in the paid holiday. ,eneral rules of employment A!tic(e +5* *+, #he purpose of the employment is to maintain the physical and mental stren/th of the detainee, /ive himOher opportunity to ac5uire and develop practical s@ills and therefore facilitate hisOher inte/ration into the society after the release. *2, urin/ the or/anisation of the productive activity of the detainees, measures shall be ta@en to ma@e the la. enforcement or/anisation self2sufficient and partially self2sustainin/. *3, #he convict shall be employed in a socially useful .or@ in accordance .ith the capabilities of the la. enforcement institution. ?hen assi/nin/ -obs, the convicts physical and mental abilities need to be ta@en into account, and also hisOher professional 5ualification and field of interest .here possible. *4, #he convict .ill be employed by la. enforcement institution or the commercial or/anisation established for this purpose. *>, In accordance .ith the contract of the la. enforcement or/anisation, the convict may .or@ at other commercial or/anisation, upon hisOher .ritten consent. If the convict .ithdra.s such consent, then the rules of resi/nation detailed in the Act on $abour Code shall apply sub-ect to the fact that the notice period is thirty days. *=, #he /eneral provisions of labour la. shall apply to the convicts ri/hts and obli/ations related to .or@, .ith the differences arisin/ from the nature of la. enforcement. *D, For the purposes of this chapter, employer means the or/anisation defined in para/raph *4, and *>,. &ights and obligations A!tic(e +5+
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. <;
*+, #he detainee shall be employed in accordance .ith the capabilities of the la. enforcement institution. *2, possible. urin/ the imprisonment, the employment of the detainee shall be provided .here
*3, #he Admission and "mployment Committee of the la. enforcement or/anisation shall decide about the employment of the detainee .ith the specification of the -ob title and the employer. *4, #he detainee shall not start the -ob activity until their competence is proved. *>, ?hen assi/nin/ -obs, the detainees physical and mental abilities need to be ta@en into account, and also hisOher professional 5ualification and field of interest .here possible. *=, #he detainee shall not ta@e part in public employment and shall not .or@ in an employment from .hich heOshe .as le/ally forbidden. *D, urin/ the employment, the healthy and safe .or@in/ conditions shall be /uaranteed. *<, #he employer A .ithin the limits laid do.n by la. A shall re/ister all data necessary for the enforcement of such ri/hts and obli/ations. A!tic(e +5) #he employer shall a) ensure the conditions of healthy and safe performance of .or@ as provided by la.s9 b) provide information and mana/ement re5uired for the performance of .or@, or/anise the trainin/s provided for9 c) establish rules of .or@ suitable for the type of the .or@ and the type of detainees participatin/ in the .or@9 d) or/anise the .or@ continuously9 e) pay .a/es for the .or@ performed9 f) classify the de/ree of dan/er at the .or@ phases and -obs from labour safety aspects9 g) ensure the e0ercise of ri/hts entitlin/ the detainees as re/ards employment, and h) send the detainee to medical fitness e0amination prior to the start of the employment, and after.ards as provided by la.. A!tic(e +5, *+, #he detainee shall be entitled to a) perform the .or@, b) income correspondin/ the 5uantity and 5uality of the .or@, c) labour safety, labour security, casualty care and casualty health service in case of an accident at .or@, d) paid leave based on the re/ularly performed .or@. *2, #he detainees ri/ht to .or@ may temporarily pause until the e0istence of the cause preventin/ their employment.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ;6
A!tic(e +50 *+, urin/ the employment the detainee shall a) perform the .or@ unless other.ise provided by la., b) perform the .or@ correspondin/ their professional @no.led/e and abilities, in a disciplined .ay, c) observe labour safety, labour security and environment protection related re/ulations, d) perform the .or@ da) in the time and at the place set, db) as ordered by the employer, dc) .ith reasonable professional @no.led/e and care, dd) in compliance .ith the rules, re/ulations and technolo/ical orders concernin/ their .or@. *2, If under the present act the detainee can only be employed upon their re5uest, then upon filin/ such re5uest the rules of mandatory performance of .or@ shall apply for their employment and for their contribution to the detention costs, e0cept that the detainee shall be informed hereof in advance. A!tic(e +51 #he detainee shall not be obli/ed to perform .or@, if a) compulsory school attendance applies, b) her pre/nancy is in the si0th month, until the fifth day after /ivin/ birth or after the termination of the pre/nancy due to other cause, c) she is filed .ith her child, d) they is incapacitated, e) they have reached the relevant a/e for old2a/e pension. *2, In addition to those defined by )ection *+,, the detainee shall not be obli/ed to perform .or@ a) durin/ the fulfilment of their national service9 b) for at least t.o .or@in/ days in case of the /rave illness or death of a close relative, if the visit or the attendance at the funeral has been authorised by the commander of the la. enforcement institution9 c) if they is incapacitated to .or@ due to illness9 d) for the entire duration of mandatory medical e0amination, or for the absence due to donatin/ blood, but for ma0imum one .or@in/ day9 e) if they is unable to attend their .or@place due to force ma-eure9 f) upon the permission of the employer. *3, In respect of release from the obli/ation to perform .or@, the measure of the commander of the la. enforcement institution related to the enforcement of the detainees ri/hts or to the fulfilment of their obli/ations, furthermore the measure aimed at @eepin/ the order and security of the detention shall 5ualify as force ma-eure. *4, If the condition under )ection *+, b) or e) occurs, the detainee shall be informed that they is not obli/ed to perform .or@ hereinafter and simultaneously they shall declare in .ritin/ .hether they intends to ta@e part in the employment henceforth. If the detainee as@s for the continuation of
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ;+
the employment, they shall be employed henceforth by considerin/ the capacity of the la. enforcement institution. #he opinion of the doctor of the la. enforcement institution on the fitness to .or@ shall also be considered. +he organisation of employment A!tic(e +52 *+, #he la. enforcement institution as employer shall provide the detainee .ith .or@. *2, Eased on the a/reement of the prison service the detainee A upon their .ritten consent A may also .or@ at other business or/anisation. #he a/reement may only transfer those parts of the employers ri/hts, .hich does not infrin/e the enforcement of ri/hts and obli/ations under the present act, respectively does not infrin/e the personality ri/ht of the detainees. A!tic(e +53 *+, For the purpose of assi/nment for the performance of .or@ at other business or/anisation, the detainee shall declare upon admission .hether they consents to their employment by e0ternal business or/anisations. *2, If later the detainee .ithdra.s such consent A either in .ritin/ or orally by @eepin/ minutes A the rules of termination under the labour code shall apply, e0cept that the notice of termination shall be thirty days and such deadline shall commence the day on .hich such declaration is disclosed .ith the detainin/ la. enforcement institution. *onflict of interest A!tic(e +54 #he detainee shall not .or@ at other business or/anisation, if a) before the start of the imprisonment they .as an e0ecutive officer or o.ner thereof, had a business share, respectively any of such circumstance prevails durin/ the enforcement of the imprisonment9 b) they had a -ob, .hich under the la. shall only be fulfilled by persons havin/ a clean criminal record9 c) such employment resulted in a superior2inferior or settlement relation .ith a close relative as defined by the Act on the Civil Code. Employment rules A!tic(e +55 *+, For the employment related ri/hts and obli/ations of the detainee, the /eneral provisions of the labour la. shall apply .ith the deviations arisin/ from the nature of prison service as defined by the present act. *2, For the employment of the detainee, the provisions of Article 2>, Article >+ *2,, Article =6 *+,, )ections <=2;+, Article ;2 *+,, Article ;3, Article ;4 *+,, Article ;= *+,, Article ;D, Article ;; *+,, *2,, *3,, *>, and *=,, Articles +6+2+62, Article +64 *+,, *2, and *4,, Article +6> *+, and *4,, Article +6= *+,, Article +6D, Article +6< *2,, Articles ++62++2, Article ++3 *+, and *3,, Article ++4,
Articles +462+44, Article +4> *2,, Article 2<= of the Act I of 26+2 on the $abour Code shall apply .ith the deviations defined by the present #itle. *3, For the employment of detainees under the a/e of ei/hteen the provisions of the act on the labour code pertainin/ to youn/ employees shall apply. *4, #he employer shall prepare the rules of employment for the re/ulation hereof defined by the present Chapter. +he performance of work A!tic(e )** *+, #he detainees may .or@ to/ether at the .or@place under the decision of the commander of the la. enforcement institution, if the re5uirements of safe employment can also be ensured such .ay. *2, #he detainees may be assi/ned to or/anisational units correspondin/ .ith the nature of .or@9 ho.ever, no superior2inferior relation shall be established amon/ the detainees. *3, etainees may be obli/ed to .ear a si/n referrin/ to the .or@place or -ob for the sa@e of security, labour discipline and @eepin/ order. *4, If the e0ternal employment of the detainee is supervised or controlled, electronic remote monitorin/ devices may also apply. 1orking hours A!tic(e )*+ #he .or@in/ hours of the detainee shall correspond .ith the .or@in/ hours defined by labour la. provisions. A!tic(e )*) *+, #he .or@in/ time cycle shall be stipulated in the rules of employment by the employer, by considerin/ the house rules of the la. enforcement institution. *2, #he rules of employment may also stipulate shorter daily .or@in/ hours than ei/ht hours by certain -obs and fields of .or@. *3, For the determination of the daily .or@in/ time of detainees employed under conditions of health ha1ards a separate la. shall prevail. )uch -obs, the time .hich can be spent .ith .or@, the time .hich continuously or .ith brea@s can be spent .ith the activity and the necessary employment mana/ement measures shall be stipulated by the employer in the rules of employment in compliance .ith the la., in co2operation .ith the occupational health service. 1ork schedule A!tic(e )*,
*+, #he time of the .or@in/ hours, the start and end of the .or@in/ time, the duration of the brea@ from .or@ and the order of shifts shall be stipulated in the order of .or@. *2, )plit shift may also be stipulated dependin/ on the nature of the .or@. *3, In case of alternatin/ shifts, the shift schedule of the detainee shall be chan/ed .ee@ly. A!tic(e )*0 #he female detainee shall not be scheduled for ni/ht .or@ from the dia/nosis of pre/nancy until the fifth day follo.in/ the childbirth or the termination of the pre/nancy due to other cause, respectively, if she is filed .ith her child, then durin/ the entire duration of such arran/ement. A!tic(e )*1 #he .or@in/ time of the detainee, .ho pursues school studies or ta@es part in vocational trainin/ shall be stipulated by enablin/ the participation in the studies, trainin/, by also considerin/ the .or@in/ time allo.ance rules of employees pursuin/ studies. &est periods A!tic(e )*2 If the scheduled daily .or@in/ time or the duration of the special .or@ duty e0ceeds si0 hours, furthermore after each additional three hours of .or@, the detainee shall be provided a minimum t.enty2minute brea@ from .or@ by interruptin/ the performance of .or@. A!tic(e )*3 #he rules of employment A e0cept for detainees employed under conditions of health ha1ards A may stipulate a restin/ time shorter than eleven hours, but minimum ei/ht hours after finishin/ the daily .or@ and before be/innin/ ne0t dayPs .or@, for detainees a) .or@in/ in stand2by2duty, b) .or@in/ in continuous shifts, c) .or@in/ in alternatin/ shifts, furthermore d) employed in seasonal .or@s. A!tic(e )*4 *+, Upon the provision of the rules of employment a) the .ee@ly restin/ day of the detainee A in part or in full A may be carried for.ard and allocated ma0imum monthly, b) in case of detainees employed in seasonal .or@s, the restin/ day A in part or in full A may carried for.ard and allocated ma0imum si0 monthly. *2, For the purposes of )ection *+, the duration of the restin/ days carried for.ard shall not e0ceed the duration of the prevailin/ .or@in/ time cycle9 furthermore, one restin/ day shall be provided after si0 days of .or@.
*3, #he .ee@ly restin/ days shall not be carried for.ard a) in case of detainees employed under conditions of health ha1ards, b) in case of female detainees from the dia/nosis of pre/nancy until the fifth day follo.in/ the childbirth or the termination of the pre/nancy due to other cause, respectively, if she is filed .ith her child, then durin/ the entire duration of such arran/ement. 1ork performed on legal holidays A!tic(e )*5 *+, #he detainee shall be entitled to time2proportional base .a/e for the lost time due to the le/al holiday. *2, #he detainee scheduled to perform .or@ on le/al holiday shall be entitled to a) .a/e for the .or@ performed on le/al holiday in addition to their monthly .a/e, in case monthly .a/e is applied, b) .a/e calculated under )ection *+, in addition to their .a/e for the .or@ performed on le/al holiday, in case performance based .a/e or hourly rate is applied. *3, #he detainee obli/ed to perform special .or@ duty on le/al holiday shall also be entitled to A in addition to the .a/e calculated under )ection *2, A payment for the special .or@ duty performed on the scheduled restin/ day *restin/ time,. Special work duty A!tic(e )+* *+, )pecial .or@ duty may only be ordered .ith the consent of the detainin/ la. enforcement institution. *2, #he detainee shall be informed about the .or@ to be performed in e0traordinary .or@in/ time. *3, #he limit of overtime .hich can be ordered is si0teen hours monthly, four hours alto/ether on t.o subse5uent days. )uch limitation shall not apply to the .or@ performed on the .ee@ly restin/ day or on le/al holiday. *4, #he ordered overtime shall not -eopardise health and safety, and shall not result in the limitation of the detainees ri/hts and obli/ations under the present act. *>, No overtime shall be ordered for a) female detainees from the dia/nosis of pre/nancy until the fifth day follo.in/ the childbirth or the termination of the pre/nancy due to other cause, respectively, if she is filed .ith her child, then durin/ the entire duration of such arran/ement9 b) detainees employed under conditions of health ha1ards. *=, #he overtime not e0ceedin/ a half hour shall 5ualify as a half hour, .hile the overtime e0ceedin/ a half hour shall 5ualify as a .hole hour.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ;>
A!tic(e )++ In case of overtime e0ceedin/ the daily performance of .or@, the employer shall A in compliance .ith the house rules of the detainin/ la. enforcement institution A provide caterin/ for the detainee before startin/ the overtime. (aid leave A!tic(e )+) #he detainee shall be entitled to t.enty .or@in/ days of paid leave after one year performance of .or@. A!tic(e )+, *+, #he duration of the detainees one year .or@ shall be calculated based on the days spent .ith .or@. #.o hundred fifty four days spent .ith .or@ shall 5ualify as one year .or@. *2, Upon the calculation of vacation time, the follo.in/ shall 5ualify as .or@in/ dayB a) the time spent on paid leave9 b) in case of detainees ta@in/ part in primary and secondary education, furthermore in apprenticeship in the form of school education, as .ell as in vocational trainin/, the time of absence from the .or@place due to theoretical tuition, respectively the time provided for the preparation for e0ams9 c) the idle time9 d) the half .or@in/ day spent .ith .or@. *3, Upon the calculation of vacation time, the completed .or@in/ days of detainees employed part time and reduced .or@in/ time shall be considered as a .hole .or@in/ day. A!tic(e )+0 *+, #he annual paid leave shall be allocated at the latest .ithin three months follo.in/ the t.o hundred fifty fourth .or@in/ day spent .ith .or@. Upon illness or other restraint, the paid leave shall be allocated .ithin a period of thirty days follo.in/ the cessation of such restraint. *2, #he scheduled date of the vacation time shall be set by the detainin/ la. enforcement institution, based on prior ne/otiations .ith the employer, by considerin/ the re5uest of the detainee as far as possible. *3, Upon the detainees re5uest or in other -ustified case, the vacation time may also be allocated by brea@in/ it up into more periods, in the proportion of the .or@in/ days completed. *4, If employment intermits at the employer or the employment of the detainee is terminated due to any cause and they has time proportional paid leave not yet allocated, then the calculated vacation time shall be allocated, if such allocation is impossible, financial compensation shall be paid. A!tic(e )+1
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ;=
*+, Upon the allocation of paid leave the .or@in/ days shall be considered accordin/ to the order of .or@. *2, If the detainee fails to reach the duration entitlin/ to vacation time until the date of release, the days calculated based on the actually completed .or@in/ days shall be allocated time proportionally, if such allocation is impossible, financial compensation shall be paid. *3, Upon the payment of financial compensation, the amount of .a/e for vacation time shall be the total of the product of the .a/e for one .or@in/ day completed in the precedin/ month and the days of the vacation time. A!tic(e )+2 *+, #he vacation of the detainee may be interrupted e0ceptionally, due to important reasons. *2, #he allocated vacation shall be interrupted, if the detainee spends their vacation in the la. enforcement institution and their isolation is ordered or solitary confinement is imposed on him as disciplinary punishment. *3, #he rest of the interrupted vacation shall be allocated later. 1ages A!tic(e )+3 *+, #he .a/e may be calculated based on the performance, the .or@in/ time completed, furthermore based on the combination hereof. *2, Upon the completion of the entire .or@in/ time, the monthly .a/e paid for detainees employed based on the completed .or@in/ time shall not be less on annual avera/e than the base .a/e. *3, If the .a/e is calculated based on the performance, then upon the completion of the entire .or@in/ time and the hundred percent completion of the performance re5uirement the .a/e of the detainee shall not be less on annual avera/e than the base .a/e. *4, Upon performance based .a/e, the employer shall reduce the set performance standard if the avera/e performance of detainees .or@in/ in the same -ob fails to reach at least ei/hty percent of the standard. *>, %roportional .a/e shall be paid in case of part time or reduced .or@in/ time employment. *=, #he detainee shall not .aive of their .a/e in advance. 1age supplement A!tic(e )+4
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ;D
*+, #he employer may determine .a/e supplements in the rules of employment considerin/ the nature of the .or@ performed, the total amount of such supplements shall be ma0imum fifty percent of the cate/ory based .a/e. *2, #he detainee employed in permanent ni/ht shifts shall be entitled to fifty percent of .a/e supplement. *3, #he basis for the calculation of the .a/e supplement shall be the cate/ory based .a/e stipulated for the .or@ performed by the detainee. $inancial incentives A!tic(e )+5 *+, #he employer may apply financial incentive to enhance performance, respectively in order to improve the 5uality of the .or@ performed. *2, As financial incentive for the detainee a) special remuneration attached to a tas@, b) premium, c) pri1e may be /iven. *ategorisation system A!tic(e ))* *+, In the rules of employment the employer shall 5ualify and cate/ori1e the duties, respectively the -obs in .hich the detainee can be employed, based on the 5ualification and .or@ conditions9 furthermore shall calculate the cate/ory based .a/es by ta@in/ the base .a/e into consideration. *2, #he employer shall inform the detainee in .ritin/ on the cate/orisation and the related .a/e before the start of the .or@. &emuneration of the trainee A!tic(e ))+ *+, #he detainee shall be paid trainee .a/e for the .or@ performed durin/ the trainin/ period9 the minimum amount of such .a/e shall be at least fifty percent of the base .a/e. *2, #he duration of the trainin/ period shall be set for each -ob by the rules of employment, e0cept that the trainin/ period shall be ma0imum si0ty days. *3, If durin/ the trainin/ period the detainee reaches ei/hty percent performance based on the prevailin/ standard set for a -ob .ith performance based .a/e, then the trainin/ period shall be terminated and as of such date the detainee shall be paid based on their performance in compliance .ith the /eneral rules.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ;<
*4, urin/ the trainin/ period the detainee shall contribute to the detention costs .ith a fifty percent reduced amount. +herapeutic employment A!tic(e ))) *+, Upon the su//estion of the doctor of the la. enforcement institution, the Admission and etention Committee shall decide on the therapeutic employment, .or@in/ hours, .or@in/ order of the detainee. *2, #he detainee en/a/ed in therapeutic employment shall be entitled to re/ular financial allo.ance, the minimum amount of .hich shall be one third of the base .a/e. *3, In case of therapeutic employment the employment related provisions of the present act shall duly apply. (ension insurance benefits A!tic(e )), *+, Under Article 34 *+, of Act $::: of +;;D on the "li/ibility for social security Eenefits and %rivate %ensions and the Fundin/ for #hese )ervices *hereinafter #b-., and under Article 42 *2, c) of Act $:::I of +;;D on social security %ension Eenefits *hereinafter #ny.,, the detainee may be entitled to have service time entitlin/ to old2a/e pension benefit based on the all time minimum of the contribution base defined by Article 34 *4, of the #b-. and to have income formin/ the basis of pension, provided the detainee ma@es such a declaration, ta@es part in the employment and has no other le/al relationship .ith insurance obli/ation on the basis of other le/al title. *2, #he detainee shall ma@e a declaration upon admission, .hether upon employment they .ishes to ta@e the option defined in )ection *+, and .hether they consents to those defined by )ection *3,. #he detainee may also ma@e such declaration at any time later, e0cept that they shall be bound to their positive declaration durin/ the remainin/ time of the detention. *3, If the detainee declares that they .ishes to ta@e the option under )ection *+,, the prison service a) concludes in the name of the detainee the a/reement entitlin/ to pension insurance benefit .ith the pension payment administrative body, b) proceeds to.ards the pension payment administrative body in the name of the detainee, c) deducts the pension contribution payable by the detainee from the .a/e of the detainee, d) pays the pension payment administrative body the pension contribution payable for the detainee in compliance .ith the a/reement. *4, In order to fulfil those defined by )ection *3,, the prison service and the pension payment administrative body concludes a co2operation a/reement. *>, If the detainees .a/e is less than the all time minimum of the contribution base defined by Article 34 *4, of the #b-., then from such amount the share of the pension contribution due under Article 43 *+, of the #b-., payable from the amount remainin/ after the deduction of the detainees
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ;;
.a/e shall be paid by the prison service, .hile the share of the pension contribution payable from the .a/e shall be paid by the detainee from their .a/e. +ax and contribution relief A!tic(e ))0 #he state A in accordance .ith the capacity of the all time bud/et A shall promote the realisation of full scale employment of the detainees and the .or@ after release by ta0 and contribution reliefs defined by the ta0 la.s. Education and training of the detainees A!tic(e ))1 *+, %articipation in the education, vocational trainin/ or trainin/ course shall not replace the obli/ation of the detainee to .or@. *2, #he detainee participatin/ in primary, secondary education, respectively in vocational trainin/ or trainin/ course A if the detainee .as not employed due to a reason arisin/ in the sphere of interest of the la. enforcement institution, respectively, if the detainee has no pension benefit, service emolument A shall be entitled to financial payment e5uallin/ one fourth of the base .a/e durin/ the education *hereinafter scholarship,. urin/ the selection of the detainees entitled to scholarship the commander of the la. enforcement institution may deviate from the provision hereof in case of e0ceptional circumstances. *3, In case of the education forms by .hich the detainee is entitled to scholarship, the prison service concludes an education2trainin/ a/reement .ith the detainee. In the a/reement the detainee shall be informed, that if they starts their studies in the primary, secondary education, respectively in vocational trainin/ or trainin/ course and culpably fails to participate in the education, respectively suspends the studies .ithout -ustification, and they may be obli/ed to fully or partially reimburse the costs incurred. *4, #he scholarship may be a.arded based on the deed certifyin/ the 5ualification or trainin/. #he commander of the la. enforcement institution may deviate from the provision hereof in a -ustified case. *>, #he detainee receivin/ education shall be provided additional scholarship dependin/ on their scholastic record, activity and behaviour, the assi/nment and the amount of the additional scholarship is /overned by decree. *=, #he scholarship shall 5ualify as .a/e concernin/ the amount to be mandatory saved for the release. #he amount of the monthly deduction complies .ith the amount of the scholarship defined in )ection *2, hereof, that is one fourth of the amount to be mandatory saved may be deducted from the base .a/e. *D, #he scholarship related provisions may be authorised by the commander of the prison service in case detainees pursuin/ third2level studies. A!tic(e ))2
In case of e0ceptional circumstances the detainee durin/ trainin/s not in the form of school education shall also be entitled to the scholarship defined by Article 22> *2, hereof. Allowances for detainees participating in education" vocational training or training courses A!tic(e ))3 *+, ?or@in/ detainees participatin/ in primary, secondary education, vocational trainin/ and trainin/ course, respectively detainees pursuin/ third2level studies A upon their o.n re5uest A shall be e0empted from the performance of .or@ in each school year for the duration defined by la., in order to allo. preparation for the e0ams. *2, )uch e0emption shall be authorised by the commander of the la. enforcement institution ma0imum one month prior to the e0am. *3, #he detainee pursuin/ studies under )ection *+, hereof shall be entitled to one hour .or@in/ time allo.ance, upon such re5uest of the detainee. *4, #he .a/e of the detainee for the duration of the e0emption from the performance of .or@ and for the .or@in/ time allo.ance shall be calculated in compliance .ith Article 2+D. *>, #he provisions hereof shall prevail provided that the la. enforcement institution concludes an education2trainin/ a/reement .ith the detainee. 2ocational training and training course of the detainees A!tic(e ))4 *+, #he vocational trainin/ and trainin/ course of the detainees shall be primarily or/anised in those trades, .hich may promote inte/ration into the life of society after release or the employment of the detainee .ithin the la. enforcement institution. *2, #he detainee may be involved in the vocational trainin/ and trainin/ course upon their o.n re5uest, the participation of the detainee shall be mandatory in the vocational trainin/ and trainin/ courses started upon such re5uest. *3, #he detainee may be obli/ed to full or partial reimbursement of the costs under Article 22> *3,. A!tic(e ))5 "ducation, vocational trainin/ and trainin/ course for the detainees may be or/anised by the employer, the la. enforcement institution or any other entity authorised to do so by la., respectively by private persons, individually or -ointly. #he costs of the education, vocational trainin/ and trainin/ course shall be borne by the or/aniser9 the detainee may voluntarily contribute to the costs. &eimbursement of the detention costs A!tic(e ),* *+, #he detainee shall reimburse
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +6+
a) the costs incurred due to intentional dama/e to health, disciplinary misdemeanour9 b) the transportation costs of attendance at funeral, the visit of a close relative9 c) the costs of health service to be provided upon payment9 d) the fees for the usa/e of fitness /yms9 e) the costs of printin/, copyin/, for.ardin/ documents9 f) the fee of additional services defined by la.9 g) the dama/e caused to the la. enforcement institution. *2, $a. enforcement institutions may deduct the amount of dama/es from the deposit account. (reparation for release A!tic(e ),+ *+, ?ithin the frame.or@ of preparation for release *hereinafter 7care scheme8, assistance is provided for the detainees already durin/ imprisonment for the reinte/ration into society after release and in order to satisfy the necessary social re5uirements. #he care scheme A for the promotion of the reinte/ration of the detainee A covers the preparation of the .elcomin/ environment, the involvement of other persons and or/anisations. #he care scheme is realised .ithin the frame.or@ of a reinte/ration pro/ramme. *2, #he care scheme of the detainee shall be started a) in case of imprisonment up to five years, si0 month, b) in case of imprisonment from five years to ten years, one year, c) in case of imprisonment lon/er than ten years, t.o years prior to the e0pected date of release from the la. enforcement institution, the possibility of release on parole also included. *3, ?ithin the frame.or@ of the care scheme, the la. enforcement institution and the probation supervisor competent at the seat of the la. enforcement institution shall fully co2operate9 they shall re/ularly inform each other on the result of the care scheme. urin/ the co2operation the probation supervisor shall start their care activity si0 months prior to the e0pected date of release from the la. enforcement institution at the latest, the possibility of release on parole also included. *4, Upon the start of the care scheme, the la. enforcement institution shall intervie. the detainee and a) shall state .hether the detainee has an I card valid for the date of release, and shall provide for such I if needed9 b) shall as@ the detainee .here they intend to reside after release, .hether they have a permanent address or a place of residence, respectively .hether they is e0pected to have any employment possibility after the release9 c) shall survey the stability of the family relations, 5ualifications and trainin/. *>, #he probation supervisor may be present at the intervie. under )ection *4,. *=, ?ithin the care scheme the probation supervisor shall
a) visit the detainees in the la. enforcement institution and provide information individually or as a /roup in order to promote the reinte/ration into society9 b) evaluate the results reached in the reinte/ration pro/ramme, c) supplement, develop the reinte/ration pro/ramme if needed9 d) participate in the realisation of the reinte/ration pro/ramme, especially in the realisation of /roup trainin/s aimed at social and labour mar@et inte/ration9 e) survey .hether the detainee has a .elcomin/ environment9 f)) if the detainee has a .elcomin/ environment, contact the .elcomin/ environment of the detainee and upon co2operation shall start their preparation for the reunion .ith the detainee if possible9 g) support the reestablishment of family relationships if needed9 h) if need arises on behalf of the detainee for care or placement in medical establishment, respectively in social establishment, and such need is e0pressed in due time, contact the establishments providin/ such service for the placement of the detainee. *D, Activities defined by )ection *=, e)2h) shall be performed by the probation supervisor competent at the place of establishment defined by the detainee. *<, ?ithin the frame.or@ of the care scheme the probation supervisor shall co2operate .ith local councils, employers, NG's, reli/ious and other charity or/anisations, respectively .ith other voluntary participants. *;, Fur the purpose of the present Article the .elcomin/ environment is defined as follo.sB the social conte0t in .hich the detainee .ishes to live after release, .hich shall to be e0amined in order to consider the e0tent of social attachment. (reparation for release in case of detainees sentenced for long#term imprisonment A!tic(e ),) *+, A convict .ho spends at least ten years in a la. enforcement institution continuously shall be included in a reinte/ration pro/ramme, and shall comply .ith its rules . *2, #he la. enforcement institution shall prepare a custom2tailored reinte/ration pro/ramme for the convict, based on .hich the convicts care scheme shall be carried out. #he competent probation supervisor of the seat of the la. enforcement institution shall co2operate in the preparation and realisation of the individual reinte/ration pro/ramme as re5uired as needed. *3, Eased on the individual reinte/ration pro/ramme the convict shall a) perform the duties defined for him by the individual reinte/ration pro/ramme, b) co2operate .ith the la. enforcement institution, the probation supervisor and or/anisations involved in the pro/ramme. *4, #he la. enforcement institution and the probation supervisor shall continuously inform each other about the performance and results of the custom2tailored reinte/ration pro/ramme, and shall revise and may modify it as re5uired, involvin/ the detainee and the representatives of the or/anisations assistin/ in reinte/ration. *>, #he pro/ramme shall be prepared based on the data under Article 23+ *>, and *=,.
Social attachment program A!tic(e ),, *+, Unless a repeat convict, a convict sentenced to imprisonment for misdemeanour shall be included in a social attachment pro/ramme upon their re5uest. *2, #he enforcement of the pro/ramme shall be suspended by the Commander if the arrival of notice in sub-ect of the enforcement of prison sentence on the convict, and the punishments are not included in consecutive sentence. *3, #he social attachment pro/ramme includes a) )ecurin/ and stren/thenin/ the host environment, b) Facilitatin/ the replacement to the previous .or@place. If impossible, the pro/ramme includes tryin/ to find ne. .or@place, or creatin/ public employment. c) )ee@in/ and stren/thenin/ ne. social relationships, d) Facilitatin/ housin/ possibilities. *4, In order to stren/then social attachment, the convict has the ri/ht a) #o a ma0imum of +6 day lon/ authorised absence in a month on the days .hen they is not .or@in/, b) #o .or@ at an outside .or@place .ithout supervision, c) to continue their studies outside the la. enforcement institution. *>, In case of the convict leaves the la. enforcement institution, or violates the rules of conduct relevant to the employment outside the la. enforcement institution, the Commander of the la. enforcement institution suspends the e0ecution of )ocial attachment pro/ram. *=, #he la. enforcement institution and the parole officer supervise and evaluate the performance of the feasibility of the elements of the pro/ram. For the parole officer, the basis of the evaluation is constructed by the data ac5uired durin/ the co2operation and the control .ith the host environment. &eintegration programme during custody A!tic(e ),0 *+, If a person /iven a prison sentence for the first time and servin/ their prison sentence of ma0imum five years in a correctional institution or in a remand prison underta@es it, they can be included in reinte/ration custody, if the aim of the prison sentence can be secured this .ay, no earlier than = months prior to the release. #he la. enforcement institution shall file a submission to the -ud/e overseein/ la. enforcement for inclusion in reinte/ration custody, and upon the convicts re5uest. *2, In a reinte/ration pro/ramme durin/ custody the convicts complete deprivation of liberty is terminated, but the freedom of movement and the ri/ht to the free choice of a place of abode. If ordered, the convict can leave the flat desi/nated by the -ud/e overseein/ la. enforcement and the fenced off area belon/in/ to the flat only for purposes stated in the decision, in particular, to provide for daily needs, to .or@, or to underta@e medical treatment, at a specified date and destination.
A!tic(e ),1 *+, In order to -ustify the submission, and simultaneously .ith the opinion /iven of the re5uest, the la. enforcement institution shall re5uest the competent probation supervisory service of the convicts residence to prepare a home assessment and send it to the -ud/e overseein/ la. enforcement. *2, #he home assessment shall e0amine particularly a) Family conditions, b) Cousin/, c) %roperty and income, d) the convicts employment opportunities. *3, In case of the reinte/ration custody is not the property of the convict, a previous, .ritten declaration of the host is re5uired. A!tic(e ),2 #he convict may not be included in reinte/ration custody if a) the convict is re5uired to serve an additional prison sentence, b) the convicts pre2char/e detention imposed in a criminal proceedin/ has been interrupted for the time of the e0ecution of the imprisonment, c) the reinte/ration custody approved durin/ their detention has been terminated for a reason attributable to the convict. A!tic(e ),3 *+, #he time spent in a reinte/ration pro/ramme in custody shall count to.ards the prison sentence. *2, #he la. enforcement institution shall monitor compliance .ith the rules on reinte/ration custody in co2operation .ith the police. #he la. enforcement institution shall be entitled to @no. data on the compliance .ith the rules of reinte/ration custody. A!tic(e ),4 *+, #he Commander of the la. enforcement institution shall suspend reinte/ration custody and file a prompt submission to the -ud/e overseein/ la. enforcement to terminate reinte/ration durin/ custody, if a) a notice is received about an additional prison sentence, or a ne. criminal or infrin/ement proceedin/, b) the convict violates the ac@no.led/ed rules of conduct or the rules of usin/ the remote monitorin/ e5uipment *ta/,, causes dama/e to such e5uipment or ma@es them unusable. *2, #he captured convict shall be ta@en by the police to the nearest la. enforcement institution.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +6>
*3, #he period bet.een the date indicated in the decision statin/ the termination of the reinte/ration pro/ramme durin/ custody and the day of ta@in/ the convict to the la. enforcement institution shall not count to.ards the prison sentence. &ules of releasing on parole A!tic(e ),5 *+, A person sentenced to prison can be released on parole if a) in consideration of their unob-ectionable conduct .hile servin/ the sentence and their readiness to continue a la.2abidin/ lifestyle there is reason to presume that the ob-ective of the punishment can be achieved .ithout further prison sentences or detention orders. b) #he part of the punishment enshrined accordin/ to Article 3< *2, of the Criminal Code relevant to the prison sentence for a limited time, or the part declared in the final decision of the court, or in case of life imprisonment, the duration defined by the court in accordance .ith the Article 43 *+, has been served. *2, #he -ud/e overseein/ la. enforcement may order probation supervision of a convict .ho has been released on parole from a determinate sentence *Article =; of the Criminal Code,, and can define separate rules of conduct accordin/ to Articles D+ *2, and *3, of the Criminal Code. *3, #he -ud/e overseein/ la. enforcement can define ne. rules of conduct accordin/ to Articles D+ *2, and *3, of the Criminal Code for a convict .ho has been released on parole from a life sentence. A!tic(e )0* If several determinate prison sentences must be served by the convict, and in the course of their continuous service the court has released the convict on parole from one of the prison sentences, the parole shall not be started before the convict has completed another prison sentence, e0cludin/ community service or prison sentence served instead of a fine. *2, If the court has released the convict on parole from multiple prison sentences, the convict shall serve them simultaneously. A!tic(e )0+ *+, In the case of a person released on parole from a determinate or a life sentence violates the rules of conduct applicable durin/ supervision by a parole officer, the -ud/e overseein/ la. enforcement shall terminate the release on parole. *2, "ach simultaneously served parole releases shall be separately e0amined for the e0istence of the termination criteria defined in *+, hereof. Aftercare A!tic(e )0) *+, #he aim of aftercare is to facilitate the released persons reinte/ration into society. Aftercare may last up to one year.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +6=
*2, Aftercare may be ordered at the convicts re5uest. #he person released from prison can re5uest help and support particularly in employment, settlement, findin/ accommodation, continuin/ studies, and treatment or therapeutic procedures. *3, Aftercare shall be carried out by the competent probation supervision of the residence indicated by the convict in co2operation .ith the local council, employers, civil, reli/ious or charity or/anisations. *4, In order to facilitate employment after release of the convict and to help their housin/, the probation supervision e0amines the employers, civil societies, churches, in the host environment of the released person, .ho ac@no.led/ed to contract ensurin/ the employment and housin/ of the convict. *>, If in case of a convict defined in Article 232 *+, hereof, efforts at the released convicts employment and housin/ made at the or/anisations indicated in )ection *4, have been fruitless, the probation supervision shall see@ the competent local council of the released convicts host environment. #he local council shall ensure community .or@ and housin/ for the released person. &egulations governing juveniles A!tic(e )0, *+, &e/ulations on servin/ prison sentence shall apply on -uveniles sub-ect to the provisions under this title. *2, %rison sentences imposed on -uveniles shall be served in a separate la. enforcement institution or in a separated part of a la. enforcement institution. In the la. enforcement institution established for -uveniles, convicted adults can only be placed in order to ensure the operation of the la. enforcement institution. *3, In order to facilitate the inte/ration of -uveniles into society, assistance shall be sou/ht from the office of the public /uardian *'%G, and other state and civil or/anisations, probation officer and the relatives of the -uvenile. *4, In the course of servin/ the prison sentence, special attention shall be paid to the education, personality and physical development of, the continuation of the compulsory education and the possibility of the first employment of the -uvenile. A!tic(e )00 *+, It shall be ensured that the -uvenile should participate in trainin/ courses or in semi2s@illed .or@erPs trainin/s, and can study secondary school level materials. *2, #he -uvenile shall continue their compulsory studies until the a/e defined in separate la.. *3, #he -uvenile can be a.arded .ith a certificate of praise. *4, )olitary confinement can last up to t.enty days in a -uvenile prison and up top ten days in a remand prison. #he -uvenile punished .ith solitary confinement shall not be banned from school classes and reinte/ration pro/rammes.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +6D
*>, In the case of a sentenced -uvenile, the la. enforcement institution shall re5uest a peda/o/ical opinion from the competent school or child protection institution in order to familiarise itself .ith the sentenced -uvenile, in particular their conduct, industry, the fields that need to be developed and the data of their family bac@/round. #hese data can be used for the protection of the -uvenile and to prepare a ris@ estimate. *=, In co2operation .ith secure trainin/ centres and youn/ offender institutions under the control of the minister responsible for the protection of children and the youth, and usin/ the professional e0periences of these institutions, the la. enforcement institution shall prepare a personal educational plan for the -uvenile in order to facilitate the reinte/ration of the sentenced -uvenile into society, reduce their inte/ration2related problems, set their psycholo/ical condition in order, improve their education and trainin/, have them accept the basic ethical norms and prepare the -uvenile for a healthy lifestyle. A!tic(e )01 *+, Upon re5uest from their le/al representative, and .ith the approval of the la. enforcement institution, the -uvenile detainee can participate in family consultation in every three months, .hich is an informal form of contact at the la. enforcement institution. #he parent cannot participate at the family consultation if the parentPs ri/ht of custody is terminated or limited by the decision of the court. *2, Upon re5uest from their le/al representative and .ith the approval of the la. enforcement institution, the -uvenile A accordin/ to the possibilities of the la. enforcement institution2 can participate in family therapy, e0cept in case of the parentPs ri/ht to custody is terminated or limited by the decision of the court. #he number of the appointments of family therapy shall depend on the therapeutic re5uirements. *3, #he family consultation and the appointments of the family therapy shall not constitute parts of receivin/ visitors. It is allo.ed amon/ detainees, and the sentenced -uvenile can re5uest it as .ell. *4, #he participation of the -uvenile detainee at the family therapy is approved to be or/anised outside the la. enforcement institution as .ell. A!tic(e )02 *+, Upon re5uest from the -uvenile detainee, A accordin/ to the possibilities of the la. enforcement institution A they can be put in common cell .ith their -uvenile siblin/, provided that they are from the same se0. *2, In case of common placement, the criminal record and the committed offence of these detainees shall be ta@en into account as .ell as the possible effects of the common placement on the order and security of the custody, and the level of emotional and mental development of the detainees. A!tic(e )03 #he -uvenile detainee can @eep contact .ith the teacher of their educational institution for the sa@e of their compulsory studies and e0am re5uirements, as .ell as for their personal development.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +6<
A!tic(e )04 In case of their studies has been started, to perform the e0am obli/ations, the la. enforcement institution can ta@e care of ma@in/ appearance of the detainee Upon re5uest from the detainee, if the director of the school and the Commander of the la. enforcement institution both /ive their approval. A!tic(e )05 *+, ?ith the approval of the Commander of the la. enforcement institution, the detainee can hold a student status or private student status as a student at an educational institution outside the la. enforcement institution9 in this case they pursues their obli/ation of attendance and e0am at the educational institution. *2, urin/ the approval, the offence, the security ris@s, the earlier conduct of the detainee, their educational bac@/round and dili/ence shall be ta@en into account. A!tic(e )1* *+, Accordin/ to the possibilities of the la. enforcement institution, the furnishin/ of the cells and livin/ areas servin/ for the -uvenile detainees shall be ran/ed by ta@in/ into account the conduct, the educational bac@/round and the dili/ence of the -uveniles. *2, "ducational achievement and conduct shall be re/arded in vie. of personal s@ills of the detainee. *3, "valuation based on *+, shall be made by the staff of the la. enforcement institution, and the reinte/ration e0pert responsible for the education of the -uvenile. A!tic(e )1+ In case of the la. enforcement institution is not in a contractin/ relationship .ith primary school, the la. enforcement institution ensures the primary education in the frame.or@ of private student status, by an a/reement on co2operation .ith a school situated .ithin the competence of the Institute. A!tic(e )1) Conditions of reinte/ration custody for -uvenile detaineesB a) %articipation at family therapy or family consultation, b) #he approval of the le/al representative, a receivin/ statement in vie. of the housin/, as .ell as a statement on the escort of the detainee. . A!tic(e )1, *+, #he sentenced -uvenile .ith limited capacity can file a complaint, or ma@e a statement independently in matters of their detention .ithout the a/reement or post approval of their le/al representative.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +6;
&e/ulations in *2, and *+, are not applied to prevail in case of a) )mo@in/ habits and b) &i/ht of self2determination in health care of the -uvenile detainee. *3, In other cases, re/ulations of the Civil Code shall apply in -uvenile detaineesP matters. A!tic(e )10 *+, #he -uvenile shall contribute to the e0penses in case of they is employed or has a scholarship. &e/ulations in *2, and *+, shall apply in case of appearances, transportations and other services .ith cost reimbursements as .ell. A!tic(e )11 Fuveniles under += are prohibited to carry tobacco products9 smo@in/ is strictly forbidden for -uveniles even .ith the approval of the le/al representative. A!tic(e )12 *+, In case of the -uvenile .as ta@en under temporary care or lon/2term care ri/ht before enforcin/ the prison sentence, the local child protection service shall be notified before the release in order to ensure the children accommodation. At the event of release, this -uvenile shall be directed to the person appointed by the local child protection service. In case of the person appointed does not ma@es appearance, the -uvenile shall be transported to the childrenPs home ensurin/ temporary accommodation *capital or county level, competent accordin/ to the place of detention. *2, In case of release of a -uvenile under +<, the relevant re/ulations of the Act on the %rotection of Children shall apply. #he -uvenile can only leave the la. enforcement institution .ithout escort .ith the approval of a le/al representative. &egulations applicable to soldiers A!tic(e )13 If the court imposes a prison sentence enforceable in military detention, the /eneral terms shall apply .ith the differences in the present chapter. *2, #he rules of the enforcement of the prison sentence in a military detention correspond to the rules of the remand prison. *3, #he la. enforcement institution, in .hich the sentence to be served in military detention shall be enforced is appointed by the !inister for prison enforcement. #he prison sentence in a military detention shall be enforced in a separated part created for this aim in the la. enforcement institution appointed by particular la..
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ++6
*4, urin/ the enforcement of the prison sentence, the sentenced people from different military staff shall be separated from each other. )entenced people can be /rouped accordin/ to military interests. *>, #he service obli/ations and ri/hts of sentenced people are paused or limited, in case of prevailin/ la. or verdict, or if the application of these ri/hts and obli/ations are contrary to the aim of the punishment. *=, #he sentenced people are not entitled to superior and supervisor ri/hts, do not have the ri/ht to bear arm and cannot perform service durin/ the enforcement of the prison sentence. *D, #he convicts shall .ear uniform .ithout ran@ and branch insi/nia durin/ the enforcement of the prison sentence. *<, #he Commander responsible for the relevant military staff of the convict shall be entitled to keep contact, as .ell as their a/ent. A!tic(e )14 !aintainin/ or developin/ the level of professional @no.led/e of the convicts shall be ensured9 furthermore, convicts shall @eep and develop their relationship .ith their corps. &egulations relevant to detainees with not 0ungarian citi3enship A!tic(e )15 *+, #he consulate or the embassy relevant to their citi1enship *hereinafter 7relevant forei/n representation8, shall immediately be notified about the admission of the non2Cun/arian citi1en convict *hereinafter 7convicted forei/n national8,. Notice can only be omitted if there is a particular re5uest in the .ritten declaration of the convict. In case of the convicted forei/n national has multiple citi1enship, the forei/n representation indicated by the convict shall be notified. *2, #he convicted forei/n national shall be informed in a lan/ua/e they spea@ if an international a/reement approves the assi/nment of the enforcement of the sentence. A!tic(e )2* Upon re5uest of the convicted forei/n national, Cun/arian lan/ua/e courses shall be ensured in vie. of the possibilities of the la. enforcement institution, as .ell as pro/rammes shall be provided to familiari1e himself .ith the natural, historical and moral traditions, around the Cun/arian society is or/anised. A!tic(e )2+ In case of the placement of the convicted forei/n national, if there is a .ay, it shall be ensured that bet.een the convicts at the common place, people .ho spea@ the lan/ua/e they uses, and furthermore, people .ith Cun/arian @no.led/e are placed. Convicted forei/n nationals .ith national, minority, ethnic or reli/ious conflict cannot be placed in a common place. A!tic(e )2)
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +++
*+, #he costs of interpretation and translation *hereinafter 7cost of interpretation8, related to the e0ercise of forei/n prisonersP ri/hts and obli/ations shall be borne by the institution. *2, In case of the convicted forei/n national re5uests the contribution of the interpreter in an issue not related to the enforcement of the prison sentence, the Institution ensures this service at the e0pense of the detainee. *3, %rovisions of the Act on criminal proceedin/s shall apply to cover the upcomin/ costs in the on2/oin/ criminal proceedin/ a/ainst the convicted forei/n national. A!tic(e )2, #he convicted forei/n national and the member of the relevant forei/n representation @eep contact accordin/ to the international a/reement on consular relationships, treaties bet.een the relevant countries, and in vie. of the re/ulations of the present la.. #he contact shall be made .ith the approval of the convicted forei/n national. A!tic(e )20 *+, In case of the convicted forei/n national re5uests to leave the enforcement of the prison sentence to another state, the re5uest shall be submitted to the !inister for Fustice by the Cun/arian %rison )ervice. *2, In case of leavin/ the enforcement of the prison sentence to another state, the la. enforcement institution applies the relevant re/ulations of e0pulsion. A!tic(e )21 #he institute immediately informs the relevant forei/n representation about the death of the convicted forei/n national, furthermore, if, accordin/ to the la. enforcement institution, a /uardian or careta@er shall be appointed. A!tic(e )22 #he la. enforcement institution notifies the immi/ration police about the release of the convict 36 days before the release, or if the duration of their sentence is less than 36 days, the Institute notifies the immi/ration police on the follo.in/ day of the receipt of a -udicial notice of a final court -ud/ment, or if the day of the release is .arrant, the Institute shall notify the office immediately. A!tic(e )23 #he Institution informs the relevant forei/n representation and the Cun/arian %rison )ervice about the release, or about the transfer to another state of the convicted forei/n national9 in case of release, the Institute informs the body responsible for controllin/ the passport at least three days before the release. #he Institution does not inform the relevant forei/n representation if the convicted forei/n national particularly re5uested it in their .ritten declaration.
Chapter (I )"&(ING %')#2CCA&G" "#"N#I'N ,eneral +erms A!tic(e )24 *+, %ost2char/e detention may be served on the basis of a final verdict of the court. *2, %ost2char/e detention shall be served in the la. enforcement institution determined in a separate statute. *3, #o the enforcement of the custody, the Article <+ *>,,the Article ;< *+,, the Article +62 *2, b, and c,Article +23, +24 *+,2*3,, Article +3; Article +4= to +4<, Article +>; Article +DD are provided. In case of this Chapter does not contain provision in a certain issue, for the enforcement of the custody, the re/ulations on prison sentence relevant to remand prison shall apply, and the convict is entitled to the ri/hts secured for people under prison sentence. *4, %eople sentenced to custody and convicts of civil infraction can be placed to/ether. *>, Under the enforcement of the custody, the follo.in/ /roups shall be separated from each otherB a) %eople sentenced to custody shall be separated from convicts .ith prison sentence and convicts .ith pre2char/e detention, b) !en and .omen, c) Fuveniles and adults. A!tic(e )25 *+, In case of the convict serves their prison sentence or their sentence in a secure trainin/ centre, or they is under pre2char/e detention for another case on the operative day of the decision of custody, the sentence shall be enforced follo.in/ the release from custodial sentence, secure trainin/ centre or the termination of pre2char/e detention. *2, #he time limit of the enforcement of the custody can be interrupted in case of a prison sentence, education in secure trainin/ centre or pre2char/e detention is implemented on the convict. #he time limit is based on the termination of these conditions. #he convict shall a) )erve their custody at the place appointed by the %rison )ervice or/anisations, b) Reep the re/ulations of the la. enforcement institution and perform the received orders, c) %articipate occasionally in the .or@ related to cleanin/ and duties related to supply .ithout remuneration, d) %ay the e0penses spent on him, e) %ay the dama/e they caused under the enforcement, f) %ursue their primary school studies in case of they is in status of compulsory schoolin/. A!tic(e )3*
*+, #he convict a) Can .ear their clothes, b) Can mail to their relatives and the person they indicated, and the la. enforcement institution has approved, c) )hall be entitled to use the telephone at least three times a .ee@, up to ten minutes. #his can be controlled, and the convict shall be informed about the possibility of the control, d) Can receive visitors at least t.o times in a month e) Can leave for four hours per .ee@, the duration of the leave counts into the custody. f) #he sum appointed to him by the special re/ulation can be used to cover their personal needs, g) Can receive a pac@a/e per .ee@ h) Can use the possibilities of education and sport available in the la. enforcement institution, i) Is authorised to at least one hour outdoor e0ercise per day, j) )hall be entitled to submit a complaint, a re5uest or a le/al notice. *2, In case of ne. or on2/oin/ criminal proceedin/s a/ainst the convict, leavin/ cannot be authorised. *3, In case of the duration of the custody e0ceeds 26 days, the convict can submit a re5uest in order to obtain the absence a//re/ated. 'nly 24 hours of absence can be authorised in case of a//re/ation. *4, In case of the escape or absence .ithout approval, or the convict left .ith approval but, ille/ally, has not returned, they cannot leave after.ards durin/ custody. #he Commander of the institution ma@es a decision in this sub-ect. In case of a ne. custody in a one year period, the Commander of the institution can prohibit by re/ulation the leave of the convict re/ardin/ the ne. punishment by ta@in/ into account these conditions. *>, #he e0ercise of vote shall be ensured, if the convict re5uests it. #he convict shall be entitled to vote at the place of detention accordin/ to the Act on election procedures, and shall be identified by the re/ister of the la. enforcement institution. #he la. enforcement institution shall facilitate the e0ercise of vote of the convict, and, if it is necessary, an interruption of vote shall be authorised up to 3 days. *=, #he convict, accordin/ to Article +2+ shall be entitled to ma@e a statement in the pro/rammes or media products approved by Act C$:::( of 26+6 on !edia )ervices and !ass !edia, or by publication in the electronic communication net.or@ approved by the Act C of 2663 on "lectronic Communication. %rovisions of Article +2> and +2= shall apply in the limitation of ma@in/ a statement. *D, #he person convicted to custody a) Can participate in employment and outside .or@, b) Is entitled to receive the same fee as the people under prison sentence do, c) Is entitled to ')C, d) Can .or@ to/ether .ith the people under prison sentence, e) #o their employment, in further cases, Article +;6 *3, to *>,, Article +;6 *=, and Article +;+ *D, shall prevail. *<, #he Commander of the la. enforcement institution enforcin/ the custody, under the e0istence of the reasons defined by Article +>D *+,, but not lon/er than for a period of five days,
shall be entitled to fully or partially suspend the e0ercise of the ri/hts defined in *+, b)#e)and g)#i) , furthermore in *2, and *>,, as .ell as in Article +24 *+,2*2, of a certain /roup of the people under custody. #he Commander of the enforcement can e0tend the duration of this measure. #he re/ulations defined in Article +D *2,2*3, shall apply accordin/ly. A!tic(e )3+ *+, #he convict can receive the follo.in/ re.ardsB a) %raise, b) Increasin/ the amount spent on personal needs, c) Financial re.ard, d) "0ceptional authorised absence, counted into the duration of custody. *2, !ethods of correction on the convictB a) &eprimand, b) ecreasin/ the amount spent on personal needs up to >6 per cent, c) &evo@in/ the leave up to 3 occasions, d) )olitary confinement up to > days, under .hich it is approved that the convict or convict does not .or@. *3, #he convict shall be entitled to appeal to the -ud/e overseein/ la. enforcement in sub-ect of the decision on solitary confinement of the la. enforcement institution. #he appeal shall be re/istered immediately follo.in/ the rulin/, and has a delayin/ effect on the enforcement of the solitary confinement. A!tic(e )3) *+, #he Commander of the la. enforcement institution can approve the interruption of the custody for a period of 36 days ma0imum in case of a re5uest of the convict or their pleader for an important purpose, in particular re/ardin/ the convictPs family situation or health. *2, In case of the convict needs a treatment and it cannot be made in the la. enforcement institution, the Commander can interrupt the enforcement of the custody for the duration of the treatment. *3, #he Commander of the la. enforcement institution can officially interrupt the custody for the re5uest of the convict, in case of the convict a) Cas more than t.elve .ee@s pre/nancy. #he custody can be interrupted until the +st year of the child, provided that the child is in household care, b) &eceives child care benefit. #he custody can be interrupted until the end of the child care benefit ho.ever only up to one year. *4, In case of applyin/ )ection *3,, the enforcement of punishment shall immediately be continued, if a) #he child is not in the care of the convict b) #he pay of the child care benefit is terminated before the one year has elapsed.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ++>
*>, #he duration of the interruption is not counted in the custody. #he time limit of custody is still durin/ the interruption. *=, #he convict and their pleader, or in case of a -uvenile, their le/al representative can submit a complaint counted from the issuance of the rulin/ of re-ection. A!tic(e )3, #he custody or its remained part cannot be implemented if, follo.in/ the operative date of the sentence, the convict a) Cas been ta@in/ care of the child bein/ born for one year in the household, b) Cas been receivin/ child care benefit for at least one year, c) Cas been served > or more years under prison sentence or pre2char/e detention, or served t.o years in a secure trainin/ centre. &egulations related to the custody of soldiers A!tic(e )30 *+, #he custody of a soldier shall be enforced in a particular and separated military detention of the institute, appointed by a special la.. *2, Under the enforcement of the custody, not only the re/ulations in Article 2=< *>, shall be follo.ed, but soldiers shall be separated from other convicted people and convicts of civil infraction, as .ell as from other soldiers from a different military staff. *3, 'n the enforcement of the custody relevant to soldiers, rules of Article 2>D *>,2*<, shall apply accordin/ly. *4, Under the application of this Article, accordin/ to Article +2D of Criminal Code the soldier is a person havin/ an actual relationship .ith the military staff at the time of startin/ to serve the custody, or under servin/ the custody. Chapter (II C'!!UNI#T )"&(IC" &egulations on the execution of community service A!tic(e )31 *+, #he aim of implementin/ the community service is that the convict serves a .or@ for the community, to prevent him of committin/ a crime a/ain, and to help their inte/ration into the society. *2, #he probation supervision service is responsible for the enforcement of the community service, and fulfils its role in co2operation .ith central or local council or/anisations or .ith their institutions, as .ell as .ith other a/encies of local public services, or/anisations responsible for state and local property mana/ement and maintenance, or .ith entities created for this purpose by the state or local council, .ith ecclesiastic le/al persons, non2profit or/anisations, civil societies, business or/anisations *hereinafter referred as .or@place, and state employment a/ency.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ++=
*3, No employment relationship is created .ith the appointed .or@place as the convict serves the .or@ as a part of their enforcement of punishment. *4, In case of community service, the daily .or@in/ hours are at least 4 hours up to +2 hours. #he .ee@ly .or@in/ hours of community service are at least 4 hours but cannot e0ceed 4< hours. #he served community service shall be re/istered in hours. *>, #he community service shall be served in t.o years counted from the operative date on the appointment of the first .or@place. #he duration of interruption or interruption of the community service caused by the enforcement of pre2char/e detention or sentence does not count into this deadline. In case of the convict does not implement the community service by their o.n fault, the probation supervision prepares a report and, accordin/ to Article 2<> *2,, initiates at the prosecutor to chan/e the community service to prison sentence. *=, urin/ the enforcement of the community service, the convict has the ri/ht a) #o the prevention defined in the re/ulations of ')C b) #o .or@ .ear and supply of protective e5uipment by the .or@place if it is -ustified by the nature of duties, c) #o the emer/ency health services appointed by special la. in case of .or@place or industrial emer/ency. *D, In case of .or@place or industrial emer/ency, the probation supervision and the representative of the .or@place shall ma@e a common record and shall proceed in accordance .ith the Act on 'ccupational )afety and Cealth and re/ulations of other la.s on ')C. *<, urin/ the e0ecution of community service, re/ulations of $abour Code shall apply to the responsibility of the convict in the dama/es they made, or to the responsibility of the .or@place, ta@in/ into account that the financial responsibility of the convict shall be defined in li/ht of the absence fee of employees in similar position. *;, #he time limit of the enforcement of the community service can be interrupted in case of a prison sentence or pre2char/e detention is implemented on the convict. #he time limit is based on the termination of these conditions. A!tic(e )32 *+, #he public employment a/ency informs about the possibility of employin/ the persons convicted to community service on the information board of the a/encyPs .ebsite. *2, #he public employment a/ency has an employment record on the .or@places that can be appointed for servin/ community service *hereinafter 7employment record8, in order to or/anise community service. #he employment record on the .or@places that can be appointed for servin/ community service accordin/ to the criminal case, and the part relevant to employers of the employment record of community service accordin/ to the Act on Infrin/ement re/ime is operated as a unified system by the public employment a/ency. *3, #o perform community service, the follo.in/ .or@places can be appointed and recorded in the employment recordB
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ++D
a) Central or local council bud/etary or/anisation, b) )tate2financed institute or institute financed by the local council, c) An entity created by the state or by the local council, bein/ responsible for the mana/ement and maintenance of the municipal or state property, d) 'ther or/anisation of local public service, e) "cclesiastical le/al person, f) Non2profit or/anisation, g) Civil society, h) Eusiness entity. *4, ?or@places defined in *3, a)#c) shall declare, .or@places defined in *3, d)#h) can declare the data provided in *>, a)#i) to the public employment a/ency. *>, #he employment record containsB a) #he name and contact information of the .or@place that can be appointed, b) #he nature of the community service *I)C',, the activity of the .or@place *I)IC,, the name and description of the community service position, c) #he number of the needed .or@ers at the .or@place to be appointed, d) #he location of the .or@place, e) #he duration of the .or@, f) #he lo.est and hi/hest rate of .or@ time, g) ata containin/ information on .hether the community .or@ can be done on public holidays or days of rest defined by /eneral la. on .or@ schedule, h) #he ma0imum and minimum number of people can be employed on one day, i) ata necessary for .or@B ia) "ducation, professional trainin/, ia) ata on personal hy/iene competence test. *=, #he public employment a/ency, by the publication on its .ebsite, informs the probation supervision about the .or@places needin/ the appointment of persons convicted to community service. *D, Eased on the notice about the appointment of ne. .or@place accordin/ to the probation supervision, the public employment a/ency indicates the chan/es into the data record accordin/ to )ection *>,. In case of the probation supervision informs the employment a/ency about the appointment of a .or@place, the appointed .or@place cannot appear in the community service employment record relevant to the Act on Infrin/ement re/ime as a .or@place to be appointed for the redeem of a community service imposed in an infrin/ement re/ime, fine, penalty on site, or administrative fine. *<, If, accordin/ to the employment record, there is not a .or@place to be appointed to serve the community service, the probation supervision can appoint a .or@place relevant to the employment record accordin/ to the Act on Infrin/ement re/ime. Appointing a workplace A!tic(e )33 *+, #he .or@place servin/ for the e0ecution of the community service shall be appointed by the probation supervision of the /overnment office relevant to the abode of the convict, or if they
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ++<
re5uests so, to their place of residence. #he probation supervision .ill intervie. the convict before appointin/ the .or@place. For this purpose, the court summons the convict .ithin ei/ht days of receipt of the -ud/ment and as@s him to present the documents about their education, trainin/s and health. *2, In case of the abode or place of residence of the convict is un@no.n, the probation supervision of the Government 'ffice of Eudapest is competent in the proceedin/. *3, #he place of .or@ shall be appointed accordin/ to the abode of the convict, or if they re5uests so, to their place of residence. #he convict can ma@e a statement on the re5uest of appointin/ the place of community service accordin/ to their residency at the intervie. at the latest. *4, Eefore appointin/ the .or@place, the probation supervision initiates the e0amination of the employability of the convict and calls for their appearance at the e0amination for the issuance of employability e0pert opinion. *>, #he convict shall ma@e their appearance at the employability e0amination. #he convict shall be .arned that in case of their un-ustified absence at the e0amination, the probation supervision initiates the chan/e of community service to prison sentence. *=, If the probation supervision is notified by the or/anisation entitled to process the employability e0amination that the convict did not ma@e their appearance at the e0amination and their absence is un-ustified, the probation supervision submits a record to the prosecution service. Cereinafter, re/ulations relevant to the chan/e of community service to prison sentence shall apply for the proceedin/s. A!tic(e )34 *+, #he convict shall present the employment e0pert opinion to the probation supervision .ithin +> days of the completion, .ho, in a decision, appoints a .or@place to the enforcement of the community service .ithin +> days at the latest from the presentation of the e0pert opinion, e0cept in case of e0istin/ circumstances in sub-ect of the interruption of the community service. *2, Eefore appointin/ a .or@place, the probation supervision, besides providin/ information on their obli/ations, consults .ith the .or@place to be appointed. For the appointment, the director of the .or@place or the officer entitled for the representation of the .or@place ma@es a statement on the commitments. *3, Under the action of appointment of .or@place, the health, 5ualifications, s@ills of the convict and their aptitude for .or@, the e0pert opinion on employability, and the nature of the offence as .ell as the re/ulations of the sentence shall be ta@en into account. *4, #he follo.in/ .or@places cannot be appointedB a) ?here the convict cannot fill the appointed position in vie. of their criminal record or occupational dis5ualification in force, or their health, b) ?here the convict has business interest, such as business shares, they is the proprietor, or leadin/ officer under, or at the start of the enforcement of community service, c) ?here the convict .ould be in a hierarchical relationship or in accountability .ith their relative defined in the Cun/arian Civil Code, d) ?here, accordin/ to e0pectations, the convict could not cover the e0penses of commutin/.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. ++;
*>, #he probation supervision defines the start date of .or@ in a rulin/. *=, #he prosecutor, the convict and their pleader can appeal a/ainst the rulin/ on the appointment of the .or@place .ithin ei/ht days of the receipt. #he appeal shall be submitted to the probation supervision of the /overnment office in char/e of the case. In case of a decision made by the probation supervision at the hearin/, the convict ma@es immediately a decision on ma@in/ an appeal .hich shall be recorded. #he probation supervision immediately introduces the appeal .ith all the documents available after the e0piration of the appeal period to the -ud/e overseein/ la. enforcement competent accordin/ to the location. *D, In case of the convict ta@es ob-ection only to the startin/ date of the community service, the -ud/e overseein/ la. enforcement considers it as a re5uest on interruption. *<, In case of the convict declares in their appeal a/ainst the decision on the appointment of .or@place or at the hearin/ of probation supervision to refuse the .or@, the probation supervision ma@es a record to the prosecutor about this case. Cereinafter, re/ulations relevant to the chan/e of community service to prison sentence shall apply for the proceedin/s. A!tic(e )35 *+, Eased on the contact .ith the .or@place durin/ the preparation of the decision, the public employment a/ency relevant to the abode of the convict, or in case of their re5uest or absence, to their residence, shall immediately be informed about the appointment of the .or@place, or about the modification of the appointment due to the appeal. *2, #he final and bindin/ decision on the appointment of the .or@place shall be sent to the convict and calls the convict to start the .or@. #he convict shall be notified in the call that the e0pert opinion on employability shall be presented to the representative of the .or@place, furthermore, they shall be .arned that in case of bein/ absent at the date or accordin/ to the schedule, the probation supervision can initiate to chan/e the community service to prison sentence. *3, #he probation supervision notifies the .or@place about the start date of the .or@. A!tic(e )4* *+, In case of, re/ardin/ the .or@places to be appointed and limitations on employment, based on the hearin/ for the sa@e of the desi/nation of a .or@place, a detail in connection .ith the health status comes up, or, accordin/ the employability e0pert opinion, it is a /rounded conclusion that the convict .ill temporarily not be employable, or no chan/e in their health .ill ta@e place in the near future, the probation supervision prepares a report on the case and ma@es a proposal to the -ud/e overseein/ la. enforcement relevant to the CUPs location of the probation supervision on the interruption of the community service. *2, In case of, based on the hearin/ for the sa@e of the desi/nation of a .or@place, a detail in connection .ith the health status of the convicted comes up, or, accordin/ to the employability e0pert opinion, it is a /rounded conclusion that a permanent chan/e in their health too@ place, interferin/ their capacity of .or@, the probation supervision prepares a report on the case and ma@es a proposal to the -ud/e overseein/ la. enforcement relevant to the CUPs location of the probation supervision on the abolition of enforcement of the community service.
Appointing a new workplace A!tic(e )4+ *+, #he probation supervision of the /overnment office competent accordin/ to the abode, or in case of its absence or for re5uest of the convict, the residence of the convict, e0 officio, or Upon re5uest from the convict or the .or@place mi/ht appoint a ne. .or@place to the enforcement of the community service, if the community service a) Cannot be served at the appointed place, b) "nforcement, ba) For the sa@e of ensurin/ labour discipline, or bb) Eecause of chan/in/ in the personal situation of the convict Is advisable else.here, c) Cannot be served, because the convict cannot cover the e0penses of commutin/, and the .or@place does not bear these costs. *2, #he probation supervision appoints a ne. .or@place, if the -ud/e overseein/ la. enforcement or the prosecutor raises the attention on this sub-ect. *3, #he prosecutor, the convict and their pleader can appeal a/ainst the rulin/ on the appointment of the .or@place .ithin ei/ht days of the receipt to the -ud/e overseein/ la. enforcement. #he convict and their pleader can appeal a/ainst the re-ectin/ decision of re5uest upon the appointment of a ne. .or@place. #he appeal shall be submitted to the probation supervision of the /overnment office in char/e of the case. In case of a decision made by the probation supervision at the hearin/, the convict ma@es immediately a statement on the intent of appeal .hich shall be recorded. *4, #he probation supervision immediately introduces the appeal .ith all the documents available after the e0piration of the appeal period to the -ud/e overseein/ la. enforcement competent accordin/ to the location. *ontrolling the enforcement of community service" commitments of the convict and the workplace A!tic(e )4) *+, #he probation supervision controls the enforcement of the community service, and in this conte0t, e0amines re/ularly .hether the convict or the .or@place fulfils the obli/ations and commitments relevant to the enforcement of community service. *2, #o record the enforcement of the community service, the probation supervision issues a record and an attendance sheet containin/ a) #he case number, b) %ersonal identification data, abode and residence of the convict and other contact information, c) ate of attendance at the .or@place, d) Cours .or@ed per day, the si/nature of the convict and the representative of the .or@place on every .or@in/ day, e) #otal of .or@ed hours. *3, urin/ the enforcement of the community service, the convict shall
a) !a@e their appearance in a state of .or@in/ for the start of their .or@, enforce their .or@ at the time appointed and -ustify their absence by a doctor or by other method accordin/ly, b) )erve the .or@ accordin/ to their best @no.led/e and s@ills, orderly, by follo.in/ the instructions of the representative of the .or@place, or in case of the custody is carried out by the probation supervision, the convict shall obey to the instructions of the probation supervision, c) Reep the re/ulations on ')C, fire and environment protection, and emer/ency prevention, d) Cooperate .ith employees at the .or@place, and serve their .or@ and /enerally conduct him to not to endan/er and interfere otherPs health, physical safety and .or@, and not to cause dama/e, e) Cooperate .ith the probation supervision and serve all the re5uired information, @eep the re/ulations facilitatin/ the enforcement of the community service. *4, Commitments of the .or@place under the enforcement of community serviceB a) #he convict can be employed at a total duration of at least four and not more than t.elve hours a day, at least one day in a .ee@ .ith the community service accordin/ to the decision on the sentence on appointment. b) #he conditions of safe .or@ and health shall be ensured, c) #he instructions and information needed to the .or@, the ac5uisition of s@ills necessary for the .or@ shall be ensured and provided, d) #he convict shall learn the standards of labour protection and accident prevention, fire and the environment protection, e) #he dama/e caused to the convict shall be compensated, f) #he record and the attendance sheet submitted by the probation supervision shall be filled in, g) #he information re5uested on the convict shall be provided to the probation supervision, h) #he probation supervision shall immediately notified if ha) #he convict has started to serve their punishment, hb) #he convict does not comply .ith the commitment of the voluntary enforcement of the community service, hc) #he appointment of another .or@place is reasonable, hd) An e0ceptional event has ta@en place, in particular a .or@place accident touches the convict, he) #he convict has served the defined community service. /nterruption of the enforcement of community service A!tic(e )4, *+, Upon re5uest of the convict or their pleader, for an important reason, in particular the family situation or health of the convict, the -ud/e overseein/ la. enforcement can interrupt the enforcement of the community service. #he duration of the interruption cannot be more than =6 days a year, ta@in/ into account the e0ceptions of *2,. *2, #he -ud/e overseein/ la. enforcement can officially interrupt the custody for the re5uest of the convict, in case of the convict a) Cas more than t.elve .ee@s pre/nancy. #he custody can be interrupted until the +st year of the child, provided that the child is in household care, b) &eceives child care benefit. #he custody can be interrupted until the end of the child care benefit but only up to one year. c) Cas an endurin/ chan/e in their health, interferin/ temporary the enforcement of community service or the convict cannot be employed for a ma0imum of one year accordin/ to the e0pert
opinion on employability or in vie. of the restrictions on employability and .or@places to be appointed. *3, In case of applyin/ )ection *2,, the enforcement of punishment shall immediately be continued, if a, #he child is not in care of the convict, b, #he pay of the child care benefit is terminated before the one year has elapsed, c) #he health of the convict allo.s the enforcement of the community service. *4, #he duration of the interruption is not counted in the custody. #he time limit of custody is still durin/ the interruption. Abolition of the enforceability of community service A!tic(e )40A!tic(e )40 #he community service or its remained part cannot be implemented if, follo.in/ the operative date, the convict a) Cas been ta@in/ care of the child bein/ born for one year in the household, b) Cas been receivin/ child care benefit for at least one year, c) Cas an endurin/ chan/e in their health, interferin/ temporary the enforcement of community service, or the convict is not able to serve the community service accordin/ to the e0pert opinion on employability, or the e0pert opinion based on repeated e0amination, d) Cas served > or more years in prison sentence or pre2char/e detention. *hanging the community service to prison sentence A!tic(e )41 *+, #he probation supervision prepares a report in case of a) #he convict refuses to serve the community service, b) An un-ustified absence of the e0amination on employability of the convict, c) A notice from the .or@place, or a statement based on e0amination describin/ that by the fault of the convict, ca) they .as absent on the date appointed to the start of the community service, cb) espite of the notice, they did not meet their commitment of .or@, cc) Cis behaviour seriously infrin/ed the .or@ discipline, cd) #he conditions defined in Article 2D> *>, lie. *2, #he report made by the probation supervision .ith the proof anne0ed is submitted to the prosecutor, and they ma@e a proposal on initiatin/ the chan/e of community service to prison sentence. *3, If it is needed, the prosecutor ma@es a hearin/ of the probation supervision and the convict, or calls the probation supervision on the anne0 of further evidence. *4, In case of the prosecutor does not see the initiative founded, they or in case of the -ud/e overseein/ la. enforcement refused the prosecutorPs initiative, the -ud/e overseein/ la.
enforcement calls on the appointment of a ne. .or@place to the probation supervision of the /overnment office. A!tic(e )42 *+, #he community service or the prison sentence served instead of a remained part of the former shall be defined under the condition that 4 hours of community service is e5ual to one day of prison sentence. Follo.in/ the chan/e, one day of prison sentence e5uals to the remainin/ community service. *2, #he community service can be chan/ed to prison sentence even before the appointment of a .or@place in case of the default too@ place because of the convictPs behaviour. Chapter (III "NF'&C"!"N# 'F %"NA$#I") A!tic(e )43 *+, #he penalty is implemented by the economic a/ency of the tribunal. *2, #he convict shall pay the penalty .ithin +> days at the latest from the receipt of notice of the economic a/ency. In case of the court approved the postponement or the instalment of the payment, they shall pay the penalty until the date, or in the instalment defined by the court. *3, In case of the convict did not pay the penalty defined in )ection *2,, the economic a/ency a) Acts on debt collection in case of a -uvenile convict, if it is ineffective, turns to the -ud/e overseein/ la. enforcement to initiate to chan/e the penalty to community service or prison sentence, b) #urns to the -ud/e overseein/ la. enforcement to initiate to chan/e the penalty to prison sentence in case of adult convicted. *4, 'ne daily item e5uals to one day of prison sentence, the prison sentence served instead of an unpaid penalty shall be defined accordin/ly. *>, #he community service or the prison sentence served instead of a remainin/ part of the former shall be defined under the condition that 2 hours of community service is e5ual to one day of prison sentence. Follo.in/ the chan/e, one day of prison sentence e5uals to the remainin/ community service. *=, urin/ the e0ecution of community service served instead of a penalty, re/ulations of Chapter (II shall apply, provided that .or@in/ hours are at least 2 and at most < hours a day. A!tic(e )44 *+, #he penalty can also be paid if the court has already chan/ed it to prison sentence or to community service. *2, In case of the penalty is paid before startin/ to serve the prison sentence or the community service served instead of a penalty, the prison sentence or the community service cannot be implemented. In case of the penalty is paid under the e0ecution of the prison sentence or the
community service, follo.in/ the identification of payment, the convict shall immediately be released, or ac5uitted from the e0ecution follo.in/ the identification of payment. *3, In case of the penalty is partly paid after it .as chan/ed to prison sentence or community service, only the part correspondin/ to the remainin/ part of the unpaid penalty shall be enforced. Chapter I: EAN F&'! #C" %&'F"))I'N A!tic(e )45 *+, Ean from the profession starts after the operative date. In case of the occupational dis5ualification is imposed in parallel of prison sentence, the follo.in/ shall be counted into its durationB a) #he time elapsed bet.een the operative date and the start of prison sentence, b) #he duration of the interruption of prison sentence, c) #he time spent on parole, in case of the court has not terminated it, d) #he time spent under prison sentence because of chan/in/ the community service or penalty. *2, #he follo.in/ are not counted in the duration of occupational dis5ualificationB a) #he duration of the time under .hich the convict retreated himself from occupational dis5ualification, or in case they .as sentenced, from the enforcement of prison sentence, b) #he time they spent under remand in another case, provided that they .as sentenced, c) #he duration of imposed and served prison sentence in any case, included punishment due to the chan/e of community service or penalty. A!tic(e )5*A!tic(e )5* *+, #he enforcement of occupational dis5ualification is, accordin/ to the re/ulation, the duty of the or/anisation in char/e of obli/atory recordin/ and approvin/ activity in case of an occupation in connection .ith occupational dis5ualification. Eased on the call of the -ud/e overseein/ la. enforcement, the or/anisation responsible for @eepin/ the record, re/isters the data relevant to the occupational dis5ualification, and ta@es action that the convict does not carry out any activities durin/ the duration of the dis5ualification .hich is prohibited by the court. *2, #he person sub-ect to occupational dis5ualification, even in case of the prior e0emption /uaranteed by Article +62 of the Criminal Code, shall receive a .arrant containin/ the activity they is dis5ualified from and the e0pected date of the e0piration of dis5ualification. *3, #he re2practice of an occupation needin/ 5ualification mi/ht depend on the -ustification of re5uired e0perience and aptitude in case of occupational dis5ualification accordin/ to statute. #he convict cannot start to re2practice the occupation until the -ustification accorded by statute of the re5uired aptitude and 5ualification ta@es place. *4, #his provision shall be used in case of -ustifyin/ the aptitude in the rehabilitation from definitive dis5ualification.
*>, #he court can dischar/e the convict from the definitive occupational dis5ualification. #he possibility of rehabilitation lies in case of the convict -ustifies their aptitude to practice the occupation accordin/ to the method defined by court. *=, #he police monitor the e0ecution of the occupational dis5ualification punishment. Chapter : ":"CU#I'N 'F &I(ING I)UUA$IFICA#I'N A!tic(e )5+ *+, For the e0ecution of drivin/ dis5ualification, the re/ulations of the previous chapter shall apply lo/ically. *2, Eased on the notice of the court, the capital city and county /overnment office district *capital district, office *hereinafter 7district office8, acts on the e0ecution of duties related to drivin/ dis5ualification. *3, In case of the statute ma@es the practice of drivin/ dependent from a -ustification of a necessary drivin/ proficiency, the convict cannot restart the practice of drivin/ until -ustifyin/ the necessary drivin/ proficiency to the district office indicated in )ection *2,. *4, #he time passed since the ta@e a.ay of the drivin/ license on field in connection .ith the crime, or since submittin/ it to the authority shall be counted into the duration of the drivin/ dis5ualification. *>, #he police monitor the e0ecution of the drivin/ dis5ualification punishment. Chapter :I ":C$U)I'N A!tic(e )5) *+, &e/ulations of Article 2<; shall apply lo/ically durin/ e0clusion. *2, #he -ud/e overseein/ la. enforcement notifies the police office relevant to the administrative area related to the e0clusion or relevant to the address of the convict in order to monitor the e0ecution of the e0clusion. *3, #he e0cluded person shall leave the location or administrative areas, indicated in the rulin/ .ithin ei/ht days of the operative date or of the release from prison sentence, and move to another location chosen freely and ma@e appearance at the police station. #he police office relevant to their residence notifies the police office indicated in )ection *+,. *4, Under the e0clusion, the e0cluded person shall @eep the decision orderin/ the e0clusion .ith himself, and in case of identity chec@ by the police, they shall present the decision to/ether .ith their identity documents. *>, #he police can interrupt the e0ecution of the e0clusion for the re5uest of the convict re/ardin/ their personal or family situation, or for the representation of their interests and ri/hts provided by la., as for the sa@e of fulfillin/ their commitments, as .ell as the police can approve a
short return to the location they .as e0cluded from for other important reasons. In case of the re-ection of the convictPs re5uest, they can appeal to the -ud/e overseein/ la. enforcement. Chapter :II EAN F&'! A##"N ING )%'&#ING "("N#) A!tic(e )5, *+, Compliance .ith a ban from attendin/ sportin/ events shall be monitored by the police based on the sports policin/ records, pursuant to a court notice. *2, #he convict shall stay a.ay from sportin/ events or sports facilities determined by court durin/ the ban. Chapter :III ":%U$)I'N A!tic(e )50 *+, &e/ulations of Article 2<; shall apply lo/ically. *2, For the sa@e of implementin/ the e0pulsion, the court notifies the immi/ration police relevant to the residence of the convict. *3, #he e0pulsion, if it .as sentenced .ith prison sentence or custody to serve, shall be implemented after servin/ the prison sentence or custody, and after the operative date. *4, In case of the convict serves their prison sentence, includin/ community service or prison sentence replacin/ penalty, the la. enforcement institution notifies the competent immi/ration police office 36 days before the release of the convict. *>, #he re/ional immi/ration authority implements the e0pulsion in accordance .ith the re/ulations of the Act on freedom of movement, entry and stay of persons .ith the ri/ht of residence and freedom of movement, and Act on entry and stay of third2country nationals. *=, #he e0pulsion cannot be implemented in case of the e0ecution is impossible accordin/ to special Act. Chapter :I( !I$I#A&T %UNI)C!"N#) A!tic(e )51 *+, #he Commander havin/ personnel competence or the relevant !inister *head of the or/anisation .ith national competence, implements the demotion and the termination of service relationship. *2, #he military -ud/e appointed by the tribunal chief notifies the Commander .ith personnel competence for the sa@e of implementin/ the military punishment. A!tic(e )52
*+, In the application of this chapter, accordin/ to Article +2D of Criminal Code, a soldier is a person .hos an actual service relationship .ith the military staff at the time of the start of the enforcement of the punishment, or under the enforcement still lies. *2, In case of the court imposes on the soldier the prison sentence to be served not in a military detention, the chief of the council turns to the Commander of the convictPs military staff out of turn, ri/ht after the operative date in order to terminate the service relationship. In other cases, /eneral terms shall apply. *3, In case of imposin/ temporary enforcement of prison sentence on the soldier, one e0ample of the decision shall be sent to the Commander of the military staff. Chapter :( EAN F&'! %A&#ICI%A#I'N IN %UE$IC AFFAI&) A!tic(e )53 *+, #he ban from participation in public affairs starts after the decision becomin/ final and bindin/, the follo.in/ shall be counted into its durationB a) #he time elapsed bet.een the operative date and the start at the specified time of prison sentence, b) #he duration of the interruption of prison sentence, c) #he time spent on parole, in case of the court has not terminated it, d) #he time spent on prison sentence because of chan/in/ the community service or penalty. *2, #he duration of the follo.in/ does not count into the ban from public affairsB a) #he time spent under the prison sentence, based on the decision of the court to .hich the ban of public affairs .as imposed, b) #he convict serves a prison sentence of a consecutive sentence to .hich ban from public affairs can be imposed, c) #he convict refuses to implement the prison sentence indicated in a)#b). A!tic(e )54 *+, In case of the court applied the ban from public affairs, and, based on the investi/atin/ proceedin/s, has become a.are of the fact that the convicted is a public official, member of the committee or board of a representative authority, or they is an officer of a civil society, public or/anisation, NG', they has authorisation to .ear domestic or forei/n a.ards, has military ran@, they is a dele/ated member of the assembly of an or/anisation created by an international treaty enacted by la., or they is a le/al representative or pleader in a re/ulatory proceedin/, the court shall record a notice to each the or/anisations relevant to the ban from public affairs and sends it a) #o the employer of the official, b) #o the body of the public representative or to its committee, c) #o the civil society, public body or public foundation in .hich the convict bears a post, d) #o the office of the person licensed to domestic honours donation, or the person responsible for the approval of .earin/ forei/n a.ards, e) #o the assembly or Eoard based on international treaty promul/ated by Act, f) #o the relevant bar.
*2, In case of the application of ban from public affairs ta@es place not under the military criminal procedure, the notice, indicated .ith the upcomin/ &oman numeral shall be sent a) to the military administration and central data processor body of the efence Forces in case of a retired and trained reservist, b) to the person e0ercisin/ the role of employer in case of a convict under the competency of the Act on the status of soldiers, and to the Commander of the military staff, in case of the convict is sub-ect to the Act on the )ervice of professional members of the armed forces. *3, National honour is an honour named under the Act on !edals of the &epublic of Cun/ary or based on its authority, an honour founded by the /overnment, the %rime !inister, the CCAI&!AN, the )pea@er of %arliament, the CCAI&!AN of the Cun/arian National Ean@, the %rosecutor General, the %arliamentary Commissioner for Civil &i/hts, the National Fudicial Council, the Chairman of the )tate Audit 'ffice, the Chairman of the Constitutional Court or !inister, or an honour defined by the Act on Rossuth and )1Lchenyi A.ard. Chapter :(I !I$I#A&T ANCI$$A&T '& "&) A!tic(e )55 *+, #he Commander havin/ personnel competence or the relevant minister *head of the or/anisation .ith national competence, implements the demotion of the ratin/ or the respite of the .aitin/ period. *2, #he military -ud/e appointed by the tribunal chief notifies the Commander .ith personnel competence for the sa@e of implementin/ the military ancillary order. *3, #he notice of military punishment or of the ban of public affairs shall be sent to the Commander of the military staff even in case of the cease of the operative date of termination of the service relationship of the convict. *4, #he probation supervision of the convict shall be implemented throu/h the probation supervision appointed by the Commander of the military staff accordin/ to re/ulations of special statute. *>, In case of a soldier, the probation supervision submits the initiatives to the military prosecutor or to the -ud/e overseein/ la. enforcement. *=, In case of the termination of the service relationship of the soldier under probation supervision, the Commander of the military staff shall immediately notify the probation supervision relevant to the abode of the protL/L, or in case of -uvenile, they notifies the police head5uarter of the county *capital, as .ell as declarin/ the rules of behaviour and sends the service description of the person under probation supervision. *D, #he court sends the decision on the ordain and maintenance or its termination of home detention, as .ell as the decision on the imposition, modification or termination of restrainin/ order to the Commander of the military staff.
P&!t III MEASURES Chapter :(II CAU#I'N A!tic(e ,** *+, In case of the defendant is present at the publication of the decision, the caution shall be, .ithout the operative date, enforced in oral by the prosecutor, or in other cases, the caution is implemented .ith the delivery of the decision. *2, In case of a non2Cun/arian citi1en defendant, the prosecutor can appoint the investi/atin/ authority to the enforcement of the caution9 the decision can be interpreted to the convict. Chapter +< "NF'&C"!"N# 'F &"$"A)" 'N %&'EA#I'N A!tic(e ,*+ *+, #he probation starts .ith the operative date of imposin/ the release on probation. *2, In case of the court respites the probation, the respite starts after the e0piration of the earlier deadline of probation. In this case, the duration of probation mi/ht e0ceed three years. *3, In case of the court has not terminated a release on probation relevant to prison sentence to be enforced on the convict on probation, the probation .ill be postponed by the duration of the prison sentence. *4, #he release on probation terminates in case of the a) #he probation has come to an end, or b) #he court terminated the release on probation. Chapter :I: C'!!UNI#T &"%A&A#I'N ?'&R A!tic(e ,*) *+, #he e0ecution of community reparation .or@ shall be -ustified .ithin one year from the operative date at the court in char/e of the case. *2, #he community reparation .or@ shall be implemented in the duration accordin/ to the .or@in/ hours defined by the court, relevant to the conditions a/reed .ith the convict and the institution or or/anisation ensurin/ the place of .or@. #he convict shall @eep all the re/ulations on .or@ protection of the or/anisation or institution offerin/ the place of community reparation .or@. *3, No employment relationship is created for the duration of community reparation .or@. #he community reparation .or@ does not count as or/anised .or@.
*4, #he leader of the local councilPs or the statePs institution, the leader of a non2profit civil society, ecclesiastical le/al person, or representative of an or/anisation .ith reli/ious action, or a person has been authorised for this role issues a -ustification on the e0ecution of the community reparation .or@ in t.o e0amples. #he -ustification is a public document. #he convict submits one e0ample of the -ustification to the court. *>, In case of it is needed, the probation supervision helps the convict in choosin/ the place of community reparation .or@. In order to this, the probation supervision service, based on voluntary re/istration, records the local councilPs or statePs institutions, non2profit civil societies, ecclesiastical institutions or churches that could receive a convict to community reparation .or@. *=, #he record on .or@places of reparation contains the follo.in/ data of the institution defined in *>,B a) Name, b) Cead5uarters, c) Name and telephone number of the representative or the contact person, d) #he nature of community reparation .or@, e) %lace of community reparation .or@, f) #he re5uested number of .or@ers. *D, In case of the convict is under probation supervision, the probation supervisor helps choosin/ the .or@place of reparation, furthermore they monitors the e0ecution of community reparation .or@. Chapter :: %&'EA#I'N )U%"&(I)I'N Duties of the probation supervision and the police under the execution of the probation supervision A!tic(e ,*, *+, Under the e0ecution of probation supervision, the probation supervision officer, monitorin/ and instructin/ the convict, helps to prevent that the protL/L commits another offence, as .ell as /ives a hand in the inte/ration into the society, and helps to develop the re5uired social s@ills and conditions, and contributes in prevailin/ the interests of the victims. *2, #he probation supervision is enforced by the probation supervision officer appointed by the -udicial service. *3, #he probation supervision a) Carries the duties related to the enforcement of probation supervision, b) %repares a personal plan to each protL/L for the e0ecution of probation supervision, c) Coordinates the activity of or/anisations, bodies, persons ta@in/ part in the enforcement of the probation supervision, d) %repares a probation supervision opinion in order to /round the terms of behaviour and the decision of the court. *4, #he police contribute in the enforcement of the probation supervision. In this role, the police
a) Carry the re5uests of the probation supervision service, b) !onitor .hether certain terms of behaviour are @ept GCriminal Code Article D+ *2, a)#d) H, in case of violation of these rules, a report shall be sent to the probation supervision service, c) Can propose the modification of provided terms of behaviour *Article =;,, d) Inform the probation supervision service about the e0periences durin/ the monitor of the protL/L. Other persons" organisations taking part in the enforcement of probation supervision A!tic(e ,*0 In order to a successful enforcement of the probation supervision, the -udicial service co2 operates .ith health and child protection or/anisations, as .ell as .ith or/anisations providin/ social supply, support or service. +he duration of the probation supervision A!tic(e ,*1 *+, #he probation supervision starts a) At the time of the release on probation, or, in case of suspension of the enforcement of prison sentence, or .ith the operative date of the decision on imposin/ probation supervision .ith imposin/ community reparation .or@, b) 'n the day of release in case of parole. *2, #he duration of probation supervision can be ali/ned in case of Article 36+*3,, or Article ;+ *2, of Criminal Code, or the decision of the court ali/ns it can define ne. rules of conduct accordin/ to Article D3 of Criminal Code )ection *+, of Criminal CodeH. *3, #he probation supervision terminates, a) ?hen its duration e0pires, b ) #he -ud/e overseein/ la. enforcement terminates it based on *3, Article D6 , c) #he release on probation or release on parole is terminated, or the suspended prison sentence shall be enforced, d) Under the probation supervision, the punishment of prison sentence shall be enforced, e0cept in cases of Article 46 *4, and Article <= *2,2*3, of Criminal Code. *3, #he e0ecution of probation supervision is paused, based on Article 46 *4, and Article <=*2,2*3, of Criminal Code under the e0ecution of prison sentence, or under prison sentence replacin/ penalty and community service. *ontent of probation supervision A!tic(e ,*2 *+, Under the duration of probation supervision, the protL/L shall a) Reep the re/ulations defined in the decision of the court, describin/ the special terms of conduct, as .ell as the commitments *hereinafter to/etherB terms of behaviour,,
b) Implement the re/ulations on monitorin/ and @eepin/ the terms of behaviour defined by the probation supervision and the police, as .ell as they shall provide the re5uested information, c) Comply .ith the call for probation supervision and ma@e their appearance at the probation supervision accordin/ to the method and re/ularity of contact. *2, Under the e0ecution of probation supervision, the protL/L can turn to the -udicial service to a) As@ help for their employment, residence, accommodation and livin/, continuation of their studies, treatments or other treatment procedures, b) As@ for lifestyle advice, c) As@ help to the reconstruction of their family relationships, d) As@ for the participation at /roup meetin/s. *3, In case of the protL/L does not comply .ith their commitments defined in b) on providin/ information, the probation supervision or the police initiates the imposition of re/ulatory fine at the -ud/e overseein/ la. enforcement, the protL/L shall previously be .arned about this condition. *4, #he probation supervision monitors .hether the convict complies .ith the terms of behaviour, .ith the collaboration of the police, accordin/ to Article 363, *4,, or, for the re5uest of the probation supervision, contributes. *>, In case of the modification or sli/ht of the special term of behaviour seems reasonable for the sa@e of successful enforcement of the probation supervision, the probation supervision officer, based on the e0periences of monitor, or on the re5uest of the police or the protL/L, can start an initiative on the modification of the special term of behaviour to the prosecutor. *onse%uences of violating the rules of conduct4 terms of behaviour A!tic(e ,*3 *+, In case of the protL/L violates the rules of conduct a) Under the duration of parole, b) Under the duration of the probation of the suspended prison sentence, c) Under the duration of the probation of release on parole, d) Under the imposition of community reparation .or@, the probation supervision prepares a proposal, .ith the anne0 of the available evidences, or the report of the police and sends it to the prosecutor. *2, In case of the prosecutor finds the fact unclear, they turns to the investi/atin/ authority for further detection, or as@s the protector to appoint further means of evidence. *3, If, because of the violation of rules of conduct accordin/ to *+,, the possibility of a) #ermination of parole accordin/ to Article 24+ of Criminal Code, b) #he imposition of enforcement of prison sentence, accordin/ to Article <D c) of Criminal Code, c) #he ali/nment of the duration of probation accordin/ to Article => *4, of Criminal Code, or accordin/ to Article == *+,, c), the abolition of release on probation, or d) Accordin/ to Article =< *2,, the imposition of punishment replacin/ community reparation .or@
lies, the prosecutor initiates it at the court. In case of a smaller2scaled violation of rule, the prosecutor can initiate the modification of special terms of behaviour as .ell. &egulations relevant to juvenile A!tic(e ,*4 *+, #he re/ulations of Article 363236D shall apply .ith the follo.in/ differences under the enforcement of probation supervision. *2, #he probation supervision of -uveniles is enforced by the parole officer appointed to this tas@. #he Child ?elfare )ervice can contribute to the enforcement of probation supervision. *3, In case of a temporary release from the secure trainin/ centre, the probation supervision starts on the day of leavin/. *4, In case of the protL/L violates the rules of conduct under the temporary release, the probation supervision officer follo.s the re/ulations of Article 36D *+,. If, because of the violation of the rules of conduct, accordin/ to *3, can define ne. rules of conduct accordin/ to Article +2+ of Criminal Code the opportunity of terminatin/ the temporary release lies, the prosecutor initiates the termination at the court. *>, #he probation supervision also ends in case of the court terminates the temporary release, or the protL/L becomes +; under the period of release. &egulations applicable to soldiers A!tic(e ,*5 *+, #he re/ulations of Article 363236D shall apply .ith the follo.in/ differences under the enforcement of probation supervision on soldiers. *2, #he probation supervision of soldier is enforced accordin/ to the decision of official soldier protector appointed by the superior of military service, or of the court or prosecutor, in case of the Commander of military staff imposes differently. *3, #he probation supervision a) !onitor the .ay of life, .or@ and conduct of the protL/L by re/ular contact, b) "0amine at the place of .or@ and on the address .hether the protL/L complies .ith the re/ulation, and calls on @eepin/ them in case of it is necessary, c) Initiates the modification of rules of conduct throu/h the Commander in char/e of military staff, or the information of the prosecution service relevant to the location in case of the violation of the rules of conduct. *4, #he probation supervision is entitled to /ive a hand to the protL/L directly or throu/h the or/anisations in char/e to solve the difficulties occurred durin/ their inte/ration. *>, #he protL/L shall
a) Comply .ith the rules of the conduct, b) Comply .ith the orders of the probation supervision. *=, In case of the military service of the soldier under probation supervision terminates under the probation supervision, they shall ma@e their appearance at the probation supervision officer in char/e accordin/ to their address. *D, #he Commander of the military staff shall immediately inform the probation supervision and police office, relevant to the abode, or in absence of abode, relevant to the residence of the protL/L about the termination of military service, and shall declare the defined rules of conduct. 'n the enforcement of probation supervision, /eneral terms shall apply hereinafter. (robation supervision if the indictment is postponed A!tic(e ,+* *+, In case of postponin/ the indictment, to enforce the probation supervision defined by the prosecutor, the re/ulations of Article 363236D shall apply lo/ically .ith the follo.in/ differences. *2, #he probation supervision officer acts accordin/ to the decision of the prosecutor. #he prosecutor is entitled to modify or sli/ht the special rule of conduct. *3, In case of postponin/ the indictment, the appointed probation supervision starts .ith the decision of the prosecutor orderin/ the probation supervision. *4, In case of postponin/ the indictment, the ordered probation supervision terminates if a) #he prosecutor ends the investi/ation accordin/ to GAct on criminal proceedin/s Article +;6 *+, e)H, b) #he duration of the delay of indictment has ended, c) #he prosecutor ma@es an indictment *Act on criminal proceedin/s, Article 22D,, *>, If the delay of the indictment is based on Act on criminal proceedin/s Article 222*2, or *3,, the probation supervision does not prepare a personal probation supervision plan, and the contact is made .ith a method and re/ularity defined by the probation supervision officer, at least once in t.o months. *=, #he protL/L shall comply .ith other commitments defined in the decision of the prosecutor. *D, In case of violatin/ the rules of conduct defined by the prosecutor, or by this la. or if the protL/L seriously breaches the commitments, the probation supervision turns to the prosecutor. Chapter ::I C'NFI)CA#I'N ,eneral +erms A!tic(e ,++
*+, Eased on notice of the court, final enforcement order, decision .ith si/nature, the confiscation shall be enforced by a) "conomic a/ency of tribunal b)#he National #a0 and Customs 'ffice in case of e0cises and non2community /oods, c) #he e0ecutive of the court in case of estates. *2, In case of the confiscation of estates, re/ulations on the enforcement of shall apply.
A))"# F'&F"I#U&"
*3, In case of an interested party enforced their ri/ht to property in another le/al .ay .ithin =6 days from the decision becomin/ final and bindin/, the enforcement of confiscation shall be delayed until the operative date of the decision of the court in char/e of civil trial. *4, In case of the confiscated item is suitable for public interest, based on special la., one shall turn to the Charity Council entitled for the initiative of the public use of the item in order to ma@e a decision in this sub-ect. #he enforcement of the confiscation cannot be started until the arrival of the decision of the Charity Council. *>, )pecial statute /ives provision on the special and detailed re/ulations of the enforcement of the confiscation of personal items and about the confiscation. *onfiscation of live animals A!tic(e ,+) *+, Under the enforcement of confiscation of dan/erous do/s or other @ind of animals, one shall act accordin/ to method defined in special statutes. *2, Animals sub-ect to nature protection or animals sub-ect to international nature protection conventions shall be transferred to nature protection authorities, accordin/ to the method defined in special statute. *3, 'ther @ind of animals shall be /iven to food chain supervisor authority. Share and transfer of confiscated items A!tic(e ,+, *+, In case of confiscation enforced by the reco/nition of a court decision of another member country of the "uropean Union, the amount derivin/ from the sale of the confiscated property, or from the property itself, shall be shared e5ually bet.een the state issuin/ the decision and Cun/ary. In case of the amount derivin/ from the sale of the property does not e0ceed +6,666 euros, it is unnecessary to share the confiscated property. *2, If, in order to comply .ith bindin/ obli/ations under international treaty commitments, the confiscated property shall be /iven to another state .hich is not a member state of the "uropean Union or to another international or/anisation, or the amount derivin/ from the sale of the property shall be shared .ith another state or international or/anisation, the statute on the enforcement of the international commitment or the provisions of the international treaty based on this statute shall apply in the re/ard of transfer or share.
Sale and destruction of the confiscated property A!tic(e ,+0 *+, In /eneral, the confiscated property shall be sold. #he sale mi/ht ta@e place primarily throu/h a purchase .ith the contribution of an individual entrepreneur or entity eli/ible for commercial activities, or throu/h an auction by the -udicial e0ecutor. *2, #he confiscated property can be destroyed, in case of a) It is not suitable for sale, b) #he measures on purchase of the property .ere ineffective. *3, #he confiscated property shall be destroyed, in case of a) (iolatin/ any intellectual property ri/ht, b) "ndan/erin/ or violatin/ the public order, public health, environment or public morality. *>, A record shall be ta@en on the destruction. *=, In case of the confiscated property did not become a property of the Cun/arian state accordin/ to an international treaty, or a provision of la., the re/ulations of the special statutes, or of the international treaty shall be follo.ed. *osts A!tic(e ,+1 *+, From the decision on the confiscation until its enforcement, costs of stora/e, destruction, or sellin/ are the char/es of the body or authority enforcin/ the confiscation. *2, #he costs related to the transfer of the confiscated property are the char/es of a) #he independent entrepreneur or the entity contributed to the purchase, b) #he member of the Charity Council in char/e of the enforcement in case of public use of the property. Chapter ::II A))"# F'&F"I#U&" A!tic(e ,+2 Asset forfeiture shall be performed in compliance .ith the relevant court notice, or court rulin/ .ith an attached final and bindin/ enforcement clause bearin/ an ori/inal si/nature, and in accordance .ith the re/ulations of the act on -udicial enforcement by the court bailiff.
Chapter ::III "NF'&C"!"N# 'F #C" C&"A#I'N 'F "FINI#I(" INACC"))IEI$I#T 'F "$"C#&'NIC A#A A!tic(e ,+3 *+, #he enforcement of ensurin/ the definitive inaccessibility of electronic data, .ith the e0ception defined in the re/ulation of the Act on criminal proceedin/s Article >;=OA*+, a) , is the duty of the hostin/ provider, defined in the Act on e2commerce services, and in the Act on certain aspects of information society services. #he court bailiff enforces the definitive inaccessibility of electronic data. *2, Eased on the notice from the court bailiff, the -ud/e overseein/ la. enforcement can impose a penalty on the hostin/ provider from +66,666 CUF to +,666,666 CUF in case of the omission of the commitment on the enforcement of inaccessibility of electronic data. #he possibility of a postponin/ appeal a/ainst the decision on penalty lies. *3, In case of the hostin/ provider does not comply .ith decision on re/ulatory fine .ithin one day of the decision becomin/ final and bindin/, the penalty can be imposed a/ain in every 3rd month. Imposition of penalty is not allo.ed in case of three years have passed after the sentence has become final and bindin/. *4, In case of the hostin/ provider does not comply .ith the final and bindin/ rulin/ of payin/ the penalty bein/ imposed for the first time, the -ud/e overseein/ la. enforcement sends immediately the documents to the court ma@in/ its rulin/ on first instance about the enforcement of ma@in/ electronic data inaccessible for the sa@e of the proceedin/ accordin/ to Article >;=OA of the Act on criminal proceedin/s. *>, #he electronic communication services shall enforce the definitive prevention of the access to electronic data .ithin one .or@in/ day of the notice on the rulin/ of the court. Chapter ::I( "NF'&C"!"N# 'F IN('$UN#A&T C'!!I#!"N# ,eneral provisions A!tic(e ,+4 *+, #o the enforcement of the involuntary commitment, the provisions of this Act shall apply to/ether .ith the differences in this Chapter. *2, #he provisions of this Act, re/ardin/ the ri/hts, the protection of ri/hts and the enforcement of the ri/hts of the convict are relevant to the person sentenced to involuntary commitment *in the application of this Chapter, hereinafter mentioned as patient,, e0cept the re/ulation is incompatible .ith the aim and nature of the involuntary commitment, or unless another la. provides differently. *3, #he /eneral provisions of the Act on Cealth Care, and re/ulations relevant to the ri/hts of psychiatric patients shall apply to the ri/hts in connection .ith the treatment of the patient, .ith the application of the differences provided by this la..
*4, Under the involuntary commitment, the patient shall receive proper care by the current state in order to prevent deterioration of health and to restore their health as soon as possible to the e0tent possible. *>, Cost of involuntary commitment is the char/e of the state. +he place of enforcement and admission A!tic(e ,+5 *+, Involuntary commitment shall be enforced at I!"I. *2, In case of the patient is at lar/e at the time of the imposition of the treatment, the court, throu/h the National Ambulance )ervice, is in char/e of transferrin/ the patient to I!"I. In case of the resistance of the patient, the contribution of the police can be used to the transfer. *3, #he patient shall be notified about their ri/hts and commitments at the time of admission accordin/ to their state of health. *4, Under the enforcement of the involuntary commitment, the patient cannot carry a) Items .hich possession violates statute or endan/ers the public safety, b) ?hich endan/ers the safety and system, their maintenance and monitor of I!"I, as .ell as the life and physical inte/rity of other people. &ules of enforcement A!tic(e ,)* *+, #he startin/ date of involuntary commitment shall be the day of admission to I!"I. *2, #he court can terminate involuntary commitment if it is no lon/er needed. *3, #he Chief !edical 'fficer of I!"I *hereinafter 7Chief !edical 'fficer8, shall promptly ma@e a proposal to the court on the abolition of the involuntary commitment if it is reasonable in vie. of the state of the patient. *4, #he enforcement of the involuntary commitment cannot be interrupted. A!tic(e ,)+ *+, Under the enforcement of involuntary commitment, a) Guard and custody, b) %lacement needed for special treatment, c) !aterial or other health care, d) %rotection of le/al interests, e) In case of habitual stay, conditions in harmony .ith the rules of I!"I shall apply.
*2, #he Chief !edical 'fficer shall be in char/e of ensurin/ the appropriate /uard and security. 'ther la. enforcement institution can be in char/e of /uardin/ the patient. *3, In case of the patient needs health care, because of illness or other disability other than that served as the basis for the imposition of the measure, their treatment shall be secured in the prison service health care institution if it is possible. *4, In case of I!"I does not have the all the means re5uired to the treatment of the patient, the medical institution providin/ the re5uired special care shall be used. In case of the patientPs status ma@es it necessary, the Chief !edical 'fficer ta@es care of the /uard or security of the patient transferred to another healthcare institution. #he /uard or security duties shall be enforced in civil clothin/ or in hospital protector clothin/. *>, In case of the capacity for mana/in/ their life of the patient is permanently and fully absent, or their capacity has decreased permanently or decreased periodically, and they is not under /uardianship, the Chief !edical 'fficer can initiate the proceedin/s for the placement under /uardianship by the openin/ of the /uardianship proceedin/ at the office of the public /uardian *'%G,. If there is a nobody .ho could be in char/e of the le/al representation of the incapacitated patient, or the patient .ith ability to act partially, or the identity of this person is un@no.n, or they can not comply too this commitment, the Chief !edical 'fficer shall immediately ta@e the measures necessary to ensure the patientPs le/al representation . &eview of the involuntary commitment A!tic(e ,)) *+, Accordin/ to the Act on criminal proceedin/s Article >== *+,, the Chief !edical 'fficer sends an e0tract on the disease relevant to the state of the patient to the court in char/e of the revie. of the involuntary commitment, in the third month .ithin the day of admission to I!"I. #his procedure shall be repeated monthly until the termination or abolition of the involuntary commitment. *2, In case of a temporary involuntary commitment preceded the involuntary commitment, and its enforcement .as not interrupted, the duration defined by *+, shall be counted from the startin/ day of the involuntary commitment, ho.ever, e0pert opinion shall be sent only after 3 month follo.in/ the decision on the imposition of involuntary commitment becomes final and bindin/ to the court. *3, Eased on the patients health condition, the Chief !edical 'fficer decides .hether the patient can ma@e their appearance at the court, in case of obstacle, they immediately notify the court in char/e. *4, In case of under an obli/atory revie., or by the proposal of the Chief !edical 'fficer, or by the initiative of the beneficiary, the court terminates the involuntary commitment .ith a final and bindin/ decision, the court sends the documents to I!"I, or, in case of ma@in/ the appearance of the patient .as enforced, the patient is /iven to the security supervisor, .ho escorts him bac@ to the I!"I. *ommitments and rights of the patient A!tic(e ,),
*+, #he patient shall be entitled to a place correspondin/ to healthy conditions of hy/iene9 they shall be entitled to a nutrition correspondin/ to their C"A$#C, health care, and pharmaceutical products .ithout fee. *2, Accordin/ to the decision of the court, the patient cannot refuse the treatment at I!"I. #he ri/ht to refuse the health care is provided only under the modalities of the treatment, in vie. of the interventions to apply. #he patientPs ri/ht to choose the doctor enforcin/ the care is limited in the frame.or@ of I!"I. Cereinafter the provisions in the Act on Cealth shall apply lo/ically to their ri/ht of self2determination. A!tic(e ,)0 *+, #he patient can .ear their o.n clothes. *2, A defined part of the patientPs deposit accordin/ to statute can be used for personal needs9 the use of the amount e0ceedin/ this amount can be used under the approval of the Chief !edical 'fficer. ?ith the approval of the Chief !edical 'fficer, the patient can send money to their relatives or to their contacts, a person .ith limited ability to act in financial affairs needs the approval of le/al /uardian. *3, #he practice of the ri/ht to vote shall be ensured if they .ants to e0ercise it, e0cept in case of the decision of the court e0cluded him from the ri/ht to vote because of their limited ability to act. #he patient shall be entitled to vote in I!"I accordin/ to the rules on election procedures, the identity of the patient shall be re/istered accordin/ to the records of I!"I. A!tic(e ,)1 *+, In their relations .ith their relatives and the persons desi/nated by them and approved by I!"I, patients shall be entitled to a) correspondence A includin/ electronic correspondence A, in .hich re/ard the fre5uency and len/th of letters received and sent are not limited, b) receive visitors at least on a .ee@ly basis, c) ma@e calls by usin/ a telephone device every t.o days, and receive calls on a .ee@ly basis, sub-ect to the re/ulations of the institution, for a term of at least 26 minutes at a time, d) send and receive pac@a/es at least on a .ee@ly basis. *2, #he Chief !edical 'fficer .ho shall ma@e decisions relatin/ to the relations referred to under )ection *+, in vie. of the safety of I!"I and the health condition of the patient. *3, A visit may be delayed or an unscheduled visit may be permitted on the basis of the health condition of the patient. *4, In the interest of the safety of the contact person the visit may be controlled, and the pac@a/e sent to the patient may be chec@ed for safety reasons. #he patient shall be informed on the possibility of such control measures. A!tic(e ,)2
&e/ulations on the reli/ious practice of the convict shall apply to the patient, ho.ever, participation of patients in a reli/ious ceremony may be limited or prohibited if their presence poses a serious threat to the life and health of themselves or others. A!tic(e ,)3 *+, ?or@ therapy activity shall be provided for the patients if it is e0pected to facilitate their recovery, retention or development of .or@in/ s@ills, or their vocational retrainin/. *2, ?or@ therapy is provided by I!"I in the form of maintenance .or@ .ithin the institution. It is the Chief !edical 'fficer that determines the manner and place of the .or@ therapy activity, but its duration may not e0ceed t.o hours a day and ten hours a .ee@. *3, In vie. of the .illin/ness and performance of the patient in the course of .or@ therapy or vocational trainin/, they shall be re.arded on a monthly basis for therapeutically reasons9 occasionally they may be re.arded also out of turn. #he e0tent of the re.ard shall be determined by the Chief !edical 'fficer. A!tic(e ,)4 *+, %atients a) shall comply .ith the re/ulations of I!"I, b) shall not e0ercise their ri/ht to .or@9 they may ta@e part only in .or@ therapy activities but they cannot be obli/ed to do so or perform any @ind of .or@, c) shall not be sub-ected to punishment. *2, A .oman in involuntary commitment cannot be permitted to be to/ether .ith her child. If a convicted .oman livin/ to/ether .ith her child must be placed under involuntary commitment, they have to be separated. *3, #he patient is responsible for any dama/e caused to I!"I under the re/ulations of the civil la. but in deservin/ cases the Chief !edical 'fficer may refrain from assertin/ a claim for dama/es. 'se of means of restraint A!tic(e ,)5 *+, It is possible to ta@e restrictive measures a/ainst the patient due to reasons set out in health2care le/islation, in the manner determined therein. *2, From amon/ the means of restraint that may be used in implementin/ imprisonment, it is only limited physical coercion that may be used, only if unauthorised departure from I!"I or a supervised place outside I!"I cannot be other.ise prevented. $imited physical coercion includes /rippin/ and holdin/ do.n. Departure from /.E/ A!tic(e ,,*
*+, #he patient is not allo.ed to leave I!"I unless such leave is medically -ustified, the patient is supervised, and the purpose of the leave is a medical e0amination, screenin/, medical treatment, rehabilitation. *2, #he patients may, under supervision, a) visit their relatives if the latter have a medically certified serious illness, b) participate in the funeral of their relatives, or failin/ to do so, pay a tribute visit to their relativePs /rave .ithin 36 days of the funeral. *3, #he Chief !edical 'fficer may e0ceptionally refuse the ri/ht to leave I!"I for a reason referred to in )ection *2, by issuin/ a resolution to that effect, if -ustified in vie. of the health condition of the patient. *4, After careful consideration of the relatin/ health and safety ris@s, the Chief !edical 'fficer may permit the patients to ta@e part in pro/rammes facilitatin/ their rehabilitation and personal development. Adaptation leave A!tic(e ,,+ *+, In the interest of the recovery of the patient, the Chief !edical 'fficer may permit him to ta@e an adaptation leave after si0 month of the start of the involuntary commitment, if it is recommended by an adaptation committee set up in compliance .ith the la.. #he le/al representative must be notified of the /rantin/ of such permission. *2, #he duration of the adaptation leave shall be ma0imum thirty days, and it may be e0tended once for a period not e0ceedin/ thirty days. An adaptation leave may be permitted several times. *3, If the patient .as sub-ected to a temporary involuntary commitment before the start of the involuntary commitment, then the start of the eli/ibility period of the adaptation leave shall be calculated as from the start of the enforcement of the temporary involuntary commitment. *4, #he adaptation leave may be spent at a person .ho is suitable for carin/ for the patient and underta@es to do so in .ritin/. #he patient may be sent for an adaptation leave if accompanied by the person underta@in/ to care for him. *>, #he patients spendin/ their adaptation leave shall sho. up for medical e0amination at a time or at intervals determined by the Chief !edical 'fficer, or other.ise, in the absence of specific provisions, every t.o .ee@s as from the start of their leave. Failure to sho. up at the medical e0amination may result in the termination of the adaptation leave by the Chief !edical 'fficer. *=, If the medical e0amination determines the deterioration of the health condition of the patient, the patient shall be immediately reconveyed by the public ambulance service upon the recommendation of the physician or the person ta@in/ care of the patient. *D, #he patient and the person underta@in/ to care for him shall be instructed in .ritin/ about the obli/ation set out in )ection *>, and the possible conse5uences of a failure to comply .ith it.
Extraordinary events A!tic(e ,,) *+, #he prosecutor e0ercisin/ le/al supervision shall be notified immediately about any e0traordinary event occurrin/ durin/ the e0ecution of involuntary commitment. *2, For the purpose of )ection *+, any such event is considered as an e0traordinary event .hich seriously violates or threatens the re/ulations of I!"I, includin/ in particular any offence carried out .ithin the institution, the departure of the patient .ithout permission, a suicide attempt, accident or death of the patient. *3, If the patients leave I!"I .ithout permission, or leave for an un@no.n location .hile stayin/ under supervision at a place outside the institution or durin/ their adaptation leave, then the Chief !edical 'fficer shall immediately notify the police to issue a .arrant of arrest. Arrest A!tic(e ,,, If the court or the prosecutor ta@es measures to arrest the patient, then the Chief !edical 'fficer .ill ma@e a decision on ta@in/ into custody dependin/ on the health condition of the patient. If arrest is not an option, the person ta@in/ measures to ta@e into custody shall be notified .ithout delay. &elease from /.E/ A!tic(e ,,0 *+, #he patient shall be released from I!"I on the day .hen the courtPs notice on the termination of involuntary commitment is received by I!"I. *2, Eefore dismissin/ a seriously ill patient or a patient .ho is unable to live independently, the le/al representative or a person obli/ed to provide care shall be notified in due time, and measures shall be ta@en to transport the patient home, or if necessary, initiatives shall be made for a placement in an appropriate medical institution or an institute providin/ specialised care in the frame.or@ of personal care services. #he necessary measures shall be ta@en by the Chief !edical 'fficer. A!tic(e ,,1 #.o copies of a detailed disease description of the released patient shall be sent to the competent psychiatric institution of the place of residence. Chapter ::( C'&&"C#I'N A# T'UNG 'FF"N "& IN)#I#U#I'N) A!tic(e ,,2 ,eneral provisions
*+, In the course of the e0ecution of education at a youn/ offender institution, -uveniles should be treated .ith respect of their human di/nity and their needs arisin/ from their a/e, and their ri/hts shall be ensured and protected .ithout discrimination, .ith the e0ception of the restrictions set out by la.. *2, #he le/al representativePs ri/ht to provide care and education shall be suspended durin/ the e0ecution of education at a youn/ convict institution, and such ri/ht shall pass over to the director of the youn/ offender institution *hereinafter 7director8,. *3, #he le/al representative and the parents shall be notified of the re/ulations applicable to them, includin/ especially the re/ulations concernin/ correspondence, sendin/ pac@a/es, ma@in/ telephone calls, ma@in/ visits, and the possibilities of the -uvenile to ta@e an authorised absence. *4, #he le/al representative, the parents and the careta@er of the -uvenile shall act in co2 operation .ith the youn/ convict institution in the interest of providin/ education and care for the -uvenile. In this conte0t they shall inform the youn/ convict institution about any health problem and any previous pharmaceutical product of the -uvenile, if applicable. *>, In order to facilitate the education of -uveniles and their inte/ration in the society, the /uardianship authority, the probation officer, the specialised social, charitable and self2help or/anisations, as .ell as the parents, /uardian and other relatives of the -uveniles shall be involved. *=, For the purposes of this Chapter, -uvenile shall mean also an inmate of the youn/ convict institution .ho has turned +< but has not turned 2+ years of a/e. +he purpose and supervision of education in a young convict institution A!tic(e ,,3 *+, #he purpose of the education carried out in a youn/ convict institution is to facilitate the social inte/ration of -uveniles, miti/ate their inte/ration problems, improve their psycholo/ical condition, develop their level of education and vocational s@ills, to ma@e them accept the fundamental moral norms, and to prepare them for a healthy lifestyle. In the course of the education topics li@e the ris@s of alcohol and dru/s use and the problems of se0ual life shall be /iven priority. *2, #he -uvenile must be /iven in the youn/ convict institution a compensatin/ and corrective education, .hich simultaneously see@s to ma@e up for the deficiencies of the past of the -uvenile and to correct the faulty set of relations in the bac@/round of the crimes committed by the -uvenile. A!tic(e ,,4 *+, "ducation in a youn/ convict institution shall be carried out by a youn/ convict institution supervised and directly mana/ed by the minister in char/e of the protection of children and youths. #he minister in char/e of the enforcement of sentences hall e0ercise specialised supervision concernin/ the safety of the youn/ convict institution, .ithout pre-udice to the ri/ht of /eneral supervision of the minister concerned. *2, #he house rules and safety re5uirements of the youn/ convict institution, in particular the re/ulations applicable to the closed part of the youn/ convict institution, shall be determined in vie. of, and in co2operation .ith, the professional e0perience of the correctional facilities
implementin/ the sentences of -uvenile convicts, .hich are under the supervision of the minister in char/e of enforcin/ sentences. Execution A!tic(e ,,5 *+, "ducation in youn/ convict institutions shall be carried out in compliance .ith the institutional re/ulations set out in this Act and in the la. on the order of youn/ convict institutions. #he internal procedures of the youn/ convict institution are included in the house rules, .hich are determined by the director. *2, Care and education for -uveniles shall be provided in small /roups formed under the principles set out in re/ulations applicable to the operation of youn/ convict institutions. *3, #he educator shall prepare an individual educational plan for the -uvenile on the basis of the conclusions of the e0pert opinion made at the time of the admission in the youn/ convict institution, information on family relationships, psycholo/ical and peda/o/ical opinions made before enterin/ the youn/ convict institution, and the conduct en/a/ed after entry and the information /athered in the course of individual intervie.s. #he psycholo/ist shall prepare an individual educational plan if the -uvenile needs individual psycholo/ical care. *4, In order to maintain the order of the youn/ convict institution, continuous supervision must be provided for the -uveniles from their .a@in/ up until they /o to bed, instructions must be /iven to re/ulate their activity, and the dormitories must be chec@ed re/ularly in order to provide for their peace at ni/ht. *>, #he education and trainin/ in the youn/ convict institution shall be or/anised in a manner that they ma@e up for the educational deficiencies of the -uvenile and ma@e it possible that the -uveniles continue their studies and obtain s@ills that increase their chances in the labour mar@et. *=, %articular care should be ta@en for the special treatment and education of -uveniles that need remedial education and those sufferin/ from personality disorder. A!tic(e ,0* *+, Upon the admission in the youn/ convict institution the institution shall a) re/ister the -uvenile and prepare a personal data sheet about him, b) ma@e a portrait photo/raph of the -uvenile .hich may be used in a youn/ convict institution I card for chec@in/ entries into and e0its from the institution. *2, #he youn/ convict institution I card shall be used to identify the -uvenile. *3, ?hile in the youn/ convict institution, the -uvenile is not permitted to carry an ob-ect a) the possession of .hich poses a public safety ris@ or infrin/es the la.9 b) .hich poses a ris@ to the order and safety of the youn/ convict institution, their maintenance and control, the life or health or physical inte/rity of himself or others, c) .hich may be used by the -uvenile, alone or .ith others, to commit an offence, or if they are sub-ect to a criminal proceedin/, threaten the success of the criminal proceedin/.
Separation A!tic(e ,0+ *+, IN the course of the e0ecution of education in a youn/ convict institution, boys and /irls shall be separated from each other. *2, #he -uveniles may be /rouped on the basis of their a/e, as .ell as certain medical and educational considerations. *3, Inmates of the youn/ convict institution .ho have not yet turned += years of a/e, and those .ho have turned += years of a/e shall be accommodated in separate d.ellin/ bloc@s unless the director decides other.ise in the interest of the -uvenile. +he starting date of education in a young convict institution" and the notice A!tic(e ,0) *+, "ducation in a youn/ convict institution shall start on the first day of admission in the youn/ convict institution. *2, ?ithin ei/ht days of the admission, the -uvenile shall be notified of the first day of education in the youn/ convict institution, and the e0pected day of release. Accommodation and provisions ,0,: 6 *+, #he youn/ convict institution shall operate a reception /roup to provide for the accommodation of the admitted -uveniles, .ho shall remain .ith this /roup for a ma0imum period of one month, until a decision is made about their transfer to their final /roup. *2, In order to determine the personality, intellectual abilities and medical condition of the -uvenile, the youn/ convict institution shall operate an e0pert /roup, sub-ect to an operational order set out in the la.. #he e0aminations re5uired at the time of the admission of the -uvenile shall be carried out by the psycholo/ist, special education e0pert and physician members of the said /roup. *3, 'n the basis of the results of the e0amination, the e0pert /roup shall ma@e a recommendation to the director of the youn/ convict institution about the transfer of the -uvenile to a final /roup, and indicate if the disability of the -uveniles re5uires special education, or their personality disorder or medical condition re5uires special treatment, education or medical therapy. *4, #he decision on the transfer to the final /roup shall be made by the director, or the directorPs deputy assi/ned to this tas@. *>, #he youn/ convict institution shall provide for the -uvenile full board, care, education and supervision. In the course of the education in the youn/ convict institution education, trainin/, .or@in/ opportunities as .ell as cultural, sport and leisure activities shall be provided for the -uvenile.
oint accommodation of juveniles and their children A!tic(e ,00 *+, A -uvenilePs child may be accommodated .ith the -uvenile at re5uest in a dedicated bloc@ of the youn/ convict institution provided that the director approved such re5uest. *2, Foint accommodation may be permitted if a) the -uvenile ma@es a statement to underta@e to care for the child, b) the le/al representative of the child consents to the accommodation of the child in the youn/ convict institution. *3, #he -uvenile and the child shall not be placed -ointly if a) the court has terminated parental supervision relatin/ to each child of the -uvenile, b) the -uvenile is sub-ect to a proceedin/ because of an offence a/ainst the child, c) the -uvenile is not capable to care for and raise the child because of a medical condition. In the latter case, the child may be accommodated in the childrenPs bloc@ of the youn/ convict institution if the mother breastfeeds her child. *4, Fuveniles carin/ for their child shall be sub-ected to a daily schedule .hich ma@es it possible for them to perform the duties relatin/ to carin/ for the child. urin/ the time .hen the -uvenile ta@es part in school education, vocational trainin/ or other development activities, the youn/ convict institution shall provide for the supervision of the child. *>, #he ri/hts of a convicted pre/nant .oman, or a convicted .oman .ith a small child, relatin/ to her health and the development of the child, not re/ulated herein, shall not be restricted. If the birth occurs durin/ the education in the youn/ convict institution, and the /rounds for e0clusion do not apply, then the child shall be placed -ointly .ith the mother until the child turns one year old. *=, #he other parent e0ercisin/ parental supervision over the child or havin/ the ri/ht to @eep contact .ith the child, and the /uardian shall be /ranted permission to meet the child and shall be appropriately informed about the development of the child. $undamental rights and obligations of the juvenile A!tic(e ,01 In the course of the education in a youn/ convict institution, the -uveniles shall be entitled to e0ercise their fundamental ri/hts set out in the Constitution and their other ri/hts provided by la., and shall comply .ith their obli/ations, unless the -ud/ement or the la. suspends or restricts them. Suspension of the rights of the juvenile A!tic(e ,02 In the course of the education in a youn/ convict institution, the follo.in/ ri/hts of the -uvenile shall be suspendedB
a) the ri/ht to free movement, a) the ri/ht to freely chan/e the place of residence, a) the ri/ht to peaceful assembly, a) the ri/ht to stri@e. &estriction of the rights of the juvenile ,03: 6 *+, In the course of the education in a youn/ convict institution, the -uvenilePs a) ri/ht to .or@ and ri/ht to freely choose occupation, b) !i'ht to cu(tu!e &n# !i'ht to (e&!n a) ri/ht to self2determination and ri/ht to freely choose physicians and health providers, d) $iet; !i'hts e) ri/ht to parental supervision, if they reached the a/e of le/al ma-ority, f) ri/ht of association, g) !i'ht to o7n $!o$e!t; h) !i'ht of un#e!t&<in' i) ri/ht to have rest, leisure time and re/ular paid leaves, j) ri/ht to the freedom of reli/ion and conscience, g) ri/ht to privacy, l) ri/ht to act in /eneral in vie. of the suspended ri/hts shall be e0ercised in accordance .ith the restrictions set out in the la.. /nsurance of the juvenile A!tic(e ,04 *+, Under this la., -uveniles shall, in the course of the education in a youn/ convict institution, be entitled to a) protect their personal safety and ri/hts to o.n property, b) provisions, care and supervision as needed in vie. of their a/e, c, appropriate clothin/, d) @eep contact .ith their relatives, third persons and or/anisations, e) freely choose, e0press and e0ercise their reli/ious and conscious conviction9 receive reli/ious services from priests or other representatives of churches, and contact them .ithout supervision at times a/reed .ith the youn/ convict institution, f) remuneration for the .or@ performed by him, to the e0tent determined by the re/ulations of the youn/ convict institution, dependin/ on the volume and 5uality of the .or@, g) health and mental care as determined by a separate la.. *2, In order to develop the personality of the -uveniles, individual and collective activities and various pro/rammes inside and outside the institution shall be or/anised or provided for. #he youn/ convict institution shall provide, in particular, for the follo.in/ pro/rammes and activitiesB a) sport or artistic or other leisure activities at least t.ice a .ee@, b) pro/rammes for personality development, and pro/rammes preparin/ the -uveniles for the life after release, lifestyle trainin/ and -ob search trainin/ courses, c) pro/rammes to maintain and restore family relationship,
d) intensive co/nitive therapy for voluntary applicants that previously committed violent offences or offences a/ainst se0ual morality. *3, #he personality ri/hts of the -uveniles shall be protected by the or/anisations and persons involved or assistin/ in the e0ecution of the education in the youn/ convict institution. A!tic(e ,05 *+, In the course of the education in a youn/ convict institution, the -uvenile shall, in particular, a) comply .ith the rules of the e0ecution of the measures, the house rules of the institution, as .ell as the safety and hy/ienic re5uirements, b, ta@e part in the /roup desi/nated by the director of the youn/ convict institution, c) re5uest permission to leave the youn/ convict institution, d) ta@e part in the compulsory education until the statutory a/e is reached, and continue .ith it in the case of meetin/ the conditions set out in the %ublic "ducation Act, e) under/o the necessary medical e0amination and treatment, .here invasive procedures shall be sub-ect to the health related la.s, f) co2operate .ith the .or@ers of the youn/ convict institution in providin/ him care and education, g) ta@e part in activities necessary to avoid a disaster, h, reimburse any dama/e caused by him under the rules of the civil la.. *2, In the course of education the -uvenile shall ta@e part in the cleanin/ of the dormitories and other common rooms, and maintain a tidy environment, as re5uired by the house rules. #he -uvenile shall perform this activity .ithout remuneration sub-ect to the time schedule set out in Article +3D. +he juvenile5s contacts A!tic(e ,1* *+, #he youn/ convict institution encoura/es -uveniles to @eep appropriate contact .ith their eli/ible relatives, and develop such contacts. #he youn/ convict institution facilitates that the relationship bet.een the temporary or permanent facilitate child and the previous facilitate home or facilitate parent is maintained. *2, #he -uvenilesP contacts .ith persons other than their relatives may be restricted in the interest of the development and education of the -uvenile, as decided by the director. *3, #he institution shall @eep records of the persons eli/ible to contact as re5uired by Article D<. *4, #he forms of ma@in/ contact by the -uvenileB a, correspondence, b, sendin/ pac@a/es, c, ma@in/ phone calls, d) Internet use, e, visit, f, e0eat,
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +>6
/, ta@in/ an authorised absence, h, ta@in/ a leave. *orrespondence A!tic(e ,1+ *+, Correspondence may be carried out .ith unlimited fre5uency and len/th. $etters .ritten by or received by the -uvenile shall be for.ardedOhanded over .ithin t.o days. *2, #he -uvenile is entitled to send and receive electronic mails three times a .ee@, for t.enty minutes each time, by usin/ a computer .ithout Internet access. *3, #he content of the correspondence may be chec@ed for security reasons randomly. #he purpose of chec@in/ is to prevent the -uvenile to obtain or for.ard any device or information threatenin/ the safety of the -uvenile or the safe operation of the institution. #he -uvenile shall be informed on the possibility of such chec@s. *4, If any unsafe ob-ect or information is found durin/ such chec@s, then the letter cannot be for.arded or handed over. #he -uvenile shall be notified of such refusal of for.ardin/ or handin/ over letters. *>, #he content of the correspondence of the -uvenile .ith the authorities, international or/anisations, the commissioner of fundamental ri/hts and the defendin/ counsel shall not be chec@ed. If there are reasonable /rounds to suppose that the letter addressed to the authorities, international or/anisations, the commissioner of fundamental ri/hts or the defendin/ counsel received by the -uvenile comes is intended to somebody else, or the letter from the authorities, international or/anisations, the commissioner of fundamental ri/hts or the defendin/ counsel comes from somebody else, then such letter shall be opened in the presence of the -uvenile and a record shall be made of the case. #he only purpose of such chec@ shall be the identification of the sender or the addressee. *=, For the purpose of chec@in/ correspondence, international or/anisation means an or/anisation .hose scope of activities includes the investi/ation of the enforcement of human ri/hts. .aking phone calls A!tic(e ,1) *+, #he -uvenile is entitled to ma@e a telephone call t.o times a .ee@, for a term of at least ten minutes at a time. #he -uvenile may use the telephone desi/nated by the youn/ convict institution. *2, #he telephone call may be chec@ed and cut off for safety reasons. #he -uvenile shall be informed about the possibility of such chec@s and cut2offs. /nternet use A!tic(e ,1,
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +>+
#he -uvenile shall be entitled to use the Internet service .ith filtered content once a .ee@ for a term of thirty minutes at a time. Sending packages A!tic(e ,10 Fuveniles shall open the pac@a/e sent to them in the presence of the /roup educator, .ho .ill chec@ .hether the pac@a/e includes any ob-ect threatenin/ the order of the institution, or the health and safety of -uveniles or their mates. 2isit A!tic(e ,11 *+, A visit by the contact persons shall be permitted for the -uvenile bi.ee@ly for a minimum period of thirty minutes and a ma0imum period of t.o hours. *2, #he visit shall ta@e place in a desi/nated room of the youn/ convict institution. #he number of the visitors of -uvenile shall be ma0imum four at a time. *3, #he visitors may hand over to the -uvenile food but for any other thin/ they are re5uired to /et a permit. *4, #he visit may be interrupted if the -uveniles or their visitors violate the rules of the visit and fail to discontinue such violation after a .arnin/. #he visit shall be interrupted if the behaviour of the -uveniles or their visitors directly violates or threatens the safety of the institution. *>, In a -ustified case the director may authorise an emer/ency visit. *=, #he -uvenile is entitled to receive a visitor representin/ a church, civil or/anisation or charity or/anisation once a .ee@. +he exeat A!tic(e ,12 *+, An e0eat may be permitted once a .ee@ for a minimum period of t.o hours and a ma0imum period of t.elve hours if the -uvenile has been in the youn/ convict institution for at least a month. *2, #he duration of the e0eat shall be included in the time of education in the youn/ convict institution. Authorised absence A!tic(e ,13 *+, An authorised absence may be permitted bi.ee@ly, for a total of thirty days a year, for a minimum period of t.o days and for a ma0imum period of five days at a time, includin/ the travel
time. #he first authorised absence may be permitted t.o months after the admission in the institution. *2, #he duration of the authorised absence shall be included in the time of education in the youn/ convict institution. !eave A!tic(e ,14 *+, A leave may be permitted t.ice a year, sub-ect to the schedule of the school year, for a ma0imum period of ten days durin/ the .inter school holiday, and for a ma0imum period of t.enty2one days durin/ the summer school holiday, provided that the -uvenile has been in the youn/ convict institution for at least t.o months. As an e0ception, a -uvenile may be /ranted a leave for a ma0imum period of one .ee@, provided that they have been in the institution for a month. *2, Eefore /rantin/ a leave, a statement must be obtained from the parent, /uardian or other relative receivin/ the -uvenile durin/ the leave that they .ould provide for the -uvenilePs accommodation, meals and supervision durin/ the leave, pay for the travel costs, and ensure that the -uvenile .ould return to the institution. *3, #he travel costs may be covered by the poc@et money or deposit of the -uveniles, at their re5uest. If the travel costs can be covered neither by the -uvenile nor by the parent, /uardian and other relative receivin/ the -uvenile, then the institution may advance the travel costs to the -uvenile. *4, #he duration of the leave shall be included in the time of education in the youn/ convict institution. Extraordinary authorised absence A!tic(e ,15 *+, If a relative of the -uvenile is certified to be seriously ill or have died, then the director may /rant five days of e0traordinary authorised absence, includin/ the travel time, in addition to the authorised absence under Article 3>D. *2, #he duration of the e0traordinary authorised absence shall be included in the time of education in the youn/ convict institution. &ules applicable to permitted absence from the young convict institution A!tic(e ,2* *+, #he -uvenile re5uires a permit from the director to ta@e part at a .orship ceremony outside the institution. *2, At the -oint re5uest of the -uveniles and their le/al representative, on the basis of the commitment made by the public education or vocational education institute to admit the -uvenile,
the director may authorise that the -uveniles carry out their education outside the youn/ convict institution. *3, If the necessary medical care cannot be provided for in the youn/ convict institution, the director may authorise in the interest of the -uvenile, on the basis of a medical e0amination and recommendation, that the -uveniles spend the time needed for their recovery outside the institution. *4, If the -uvenile is a dru/ user and the indictments brou/ht a/ainst the -uvenile are postponed, and the -uvenilePs education is carried out in the youn/ convict institution because of another offence, then the director shall ta@e measures to send the -uvenile to dru/ addiction treatment, or other dru/ related treatment or a preventive and informative treatment outside the youn/ convict institution, provided that such treatment cannot be provided for .ithin the institution. In the course of carryin/ out these services, the youn/ convict institution shall co2operate .ith the probation supervisor. 'se of coercion A!tic(e ,2+ *+, !eans of coercion may be used a/ainst -uveniles in a pre2char/e detention if a) their conduct infrin/es or threatens the rules and safety of the youn/ convict institution, b) they infrin/e or threaten the life, physical inte/rity, personal freedom of any person, c) it is necessary in order to prevent escape or an offence. *2, If the circumstances of the case permit, an advance .arnin/ of the use of coercion shall be made. *3, A/ainst a -uvenile in pre2char/e detention the means of coercion that may be used is physical force to brea@ resistance a/ainst a measure in the cases referred to in )ection *+,. %hysical coercion may include /rabbin/, holdin/ do.n, pushin/, dra.in/ a.ay, and self2defence moves. *4, %hysical coercion may apply on the basis of the instruction of the director or in their absence the officer in char/e. It is the /uard of the youn/ convict institution that may apply physical coercion a/ainst the -uvenile in pre2char/e detention. *4, !eans of coercion shall not be used a/ainst incapacitated persons. It is only limited physical coercion that may be used a/ainst a -uvenile .ho has not yet turned +4 years of a/e. $imited physical coercion includes holdin/ do.n and /rippin/. *>, #here is no -ustification to continue the use of coercion is resistance is bro@en or the measure may be successfully ta@en .ithout coercion. *=, Any use of coercion shall be reported to the director .ithout delay. #he director shall investi/ate the le/ality of the use of the means of coercion. *D, #he ille/al use of coercion shall be reported to the attorney performin/ le/al supervision over the prison service .ithin ei/ht days, ho.ever, if the use of means of coercion caused physical harm or death, the attorney shall be notified immediately. Safety measures
A!tic(e ,2) *+, If pre2char/e detention is carried out in a youn/ convict institution, safety measures that may apply a/ainst -uveniles are as follo.sB a) safety chec@, e0amination and revie., chec@in/ personal items and clothin/, chec@in/ pac@a/es, usin/ electronic means of surveillance, b) separation for safety reasons may be ordered. *2, )eparation for safety reasons may be ordered in .ritin/ at the initiative of the .or@er supervisin/ the -uvenile by the director or in their absence by the officer in char/e. )uch order must be reported to the attorney performin/ le/al supervision over the prison service. *3, Upon orderin/ separation for safety reasons measures shall be ta@en to arran/e for the immediate medical chec@2up of the -uvenile. )uch separation for safety reasons shall ta@e as lon/ as deemed necessary by the physician but the duration shall not e0ceed t.enty2four hours. If the behaviour of the -uvenile does not improve thereafter, the -uvenilePs psychiatric treatment shall be continued, sub-ect to the orders of the psychiatrist, in the safety isolation room, or in the medical section of the institution, or in an in2patient care facility. *4, %sychiatric treatment in the safety isolation room shall not ta@e lon/er than forty2ei/ht hours. *>, #he safety isolation room shall be set up so that the -uveniles cannot cause any dama/e to themselves durin/ the safety isolation. *=, In order to chec@ compliance .ith the re/ulations of the youn/ convict institution and the house rules, the -uveniles may be sub-ected to medical e0amination, ho.ever, a body cavity chec@ may be carried out only for medical reasons and only by a physician . "0traordinary events A!tic(e ,2, *+, #he attorney performin/ le/al supervision over the prison service shall be notified .ithout delay about any e0traordinary event occurrin/ in the course of the e0ecution of education in a youn/ convict institution. *2, For the purpose of %ara/raph *+, an e0traordinary event shall mean any event .hich seriously violates or threatens the re/ulations of the youn/ convict institution, includin/ in particular the escape of the -uvenile, any offence committed .ithin the institution, the safety isolation of the -uvenile, a suicide attempt, accident or death of the -uvenile. /nterruption of the education at a young convict institution A!tic(e ,20 *+, "ducation at a youn/ convict institution may be interrupted by the director for an important reason, includin/ the personal or family circumstances or health condition of the
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +>>
-uvenile, each year for a period bet.een ten days to three months. Authorisation of an interruption or the refusal of a re5uest for interruption shall be set out in a resolution. *2, If the health condition of the -uvenile -ustifies it, the duration of the interruption under )ection *+, may be e0tended by the minister in char/e of the protection of children and the youth for a period of one year startin/ on the day of authorisation as referred to in )ection *+,. #he decision on the interruption shall be based on a proposal by the youn/ convict institution, .hich shall include the opinion of the physician of the youn/ convict institution about the health condition of the -uvenile. *3, #he duration of the interruption .ill be e0cluded from the term of the education at the youn/ convict institution. +he juvenile5s arrest" hearing and release A!tic(e ,21 *+, 'n the basis of summons in a criminal case the youn/ convict institution shall arrest and transfer the -uvenile to the desi/nated place by the desi/nated time. #he -uveniles shall be arrested if their presence is re5uested by themselves or by their defendin/ counsel. *2, #he -uvenile may be sub-ected to a hearin/ in the institute by the prosecutor, the investi/atin/ authority or another or/anisation actin/ in an official case, at a time a/reed .ith the director. #he le/al representative and the defendin/ counsel shall be /iven access to the institution for the purpose of participatin/ at the hearin/. *3, #he -uvenile may be released and transferred to the investi/atin/ authority for the purpose of carryin/ out the investi/ation and for ta@in/ criminal record samples under the Act on the Criminal &ecord )ystem. *4, #he release of the -uvenile shall be carried out in compliance .ith )ections *3,, *>, and *=, of Article ++>, ho.ever, after the completion of the investi/ation the -uvenile shall be returned to the institution .ithout delay. If further criminal proceedin/s are in pro/ress a/ainst the -uvenile, then the court may order, as an e0ception, the -uvenilePs placement in the police detention cell for ma0imum five days, sub-ect to a court resolution. *>, Until the court passes a resolution on pre2char/e detention in the course of the preparation for the hearin/, the -uvenile may be placed in the police detention cell for a period not e0ceedin/ t.enty2four hours also on the basis of the order of the prosecutor. #he prosecutor shall notify the court accordin/ly. &ewarding the juveniles A!tic(e ,22 *+, #he -uveniles may be re.arded for their behaviour, their achievements in learnin/ and .or@in/, and for their /ood conduct in emer/ency situations. *2, #he forms of re.ardsB *a, honourable mention by the educator,
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +>=
b) honourable mention by the director, c) a /ift a.ard, d) cancellation or miti/ation of a previously imposed disciplinary punishment, e) authorisation of ta@in/ part in a cultural or sport event individually or as part of a /roup, f, authorisation of an e0eat, /, authorisation f an authorised absence, h, authorisation of a leave. *3, An e0eat may be a.arded once a month for ma0imum t.elve hours, an authorised absence may be a.arded t.ice a year for ma0imum five days, and a leave may be a.arded once a year for ma0imum ten days. )uch re.arded e0eat, authorised absence and leave may be /ranted in addition to the re/ular e0eat, authorised absence and leave, and they shall be included in the term of the education in the youn/ convict institution. *3, It is the director of the youn/ convict institution that is entitled to /rant a.ards referred to in )ection *2, b)#h). +he disciplinary punishment of the juvenile A!tic(e ,23 *+, #he -uvenile commits a disciplinary demeanour if the -uvenile is in a culpable breach of duty, or infrin/es the re/ulations of the youn/ convict institution or the house rules of the youn/ convict institution, or escapes from the youn/ convict institution. *2, #he disciplinary punishments that may be imposed on the -uvenile committin/ a disciplinary demeanour are as follo.sB a) a directorPs reprimand, b) forbid from certain social entertainments, events, pro/rammes for ma0imum one month, c) deprival of e0eat for ma0imum t.o months, c) deprival of authorised absence for ma0imum three months, e) e0clusion from the ne0t leave, f) placement in an isolated part of the youn/ convict institution. *3, #he disciplinary punishments set out in )ection *2, c, and e, may apply -ointly. *4, #he disciplinary punishment under )ection *2, f) shall be ordered in the form of a resolution. &ules of disciplinary proceeding A!tic(e ,24 *+, #he responsibility of -uveniles committin/ disciplinary demeanour shall be investi/ated in the frame.or@ of a disciplinary proceedin/. #he proceedin/ shall be started .ithin three months from the date the disciplinary demeanour .as committed or became @no.n, and in the case of an escape, .ithin three days of the -uvenilePs return to the youn/ convict institution, and the proceedin/ shall be closed .ithin five days.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +>D
*2, #he disciplinary proceedin/ shall be carried out by a three2member disciplinary committee. #he -uvenile sub-ect to disciplinary proceedin/ shall be heard in the course of the disciplinary proceedin/. etailed rules of the disciplinary proceedin/ are contained in separate le/al re/ulations. *3, #he disciplinary punishment shall be in proportion of the seriousness of the disciplinary demeanour, the personality and a/e of the -uvenile, and furthermore consideration should be /iven to the number and seriousness of previous disciplinary demeanours, and .hether the -uvenile sho.s a sincere repentance. *4, #he disciplinary punishment shall not be humiliatin/ or de/radin/. Collective punishment shall not apply9 if the disciplinary demeanour .as committed by a /roup, then the members of the /roup may be punished individually. !eaving the young convict institution without permit A!tic(e ,25 *+, For the purpose of this Chapter, the -uvenilePs leavin/ the youn/ convict institution .ithout permit or leavin/ the desi/nated place of residence durin/ a permitted absence .ithout permit, and the failure to return to the youn/ convict institution upon the e0piry of the permitted absence shall be deemed as an escape. An escape is considered as a disciplinary demeanour. *2, In the case of an escape, the youn/ convict institution shall prepare a report, and the director shall, upon submittin/ the report to the -ud/e overseein/ la. enforcement, ma@e a proposal for the issue of a .arrant of arrest or summons a/ainst the -uvenile. *3, #he report shall include the natural identification data of the -uvenile, the name of the -ud/e issuin/ the criminal resolution, the serial number and date of the resolution, the description and supposed place of stay of the -uvenile, and the circumstances of the escape . A photo/raph of the -uvenile shall be attached to the report. *4, If the -uvenile voluntarily returned to the youn/ convict institution, the -ud/e overseein/ la. enforcement shall be notified immediately, .ithin t.enty2four hours at the latest, in order to cancel the arrest .arrant or summons. *>, #he escaped -uvenile shall be sub-ected to a disciplinary proceedin/. *=, #he duration of the escape .ill be e0cluded from the term of the education at the youn/ convict institution. *D, In the case of an escape, the -uvenile shall not be /ranted any e0eat, authorised absence or lon/2term absence for t.o months as from the date of return to the youn/ convict institution. +he isolated part of the young convict institution A!tic(e ,3* *+, If it is determined in the course of the disciplinary proceedin/ that the -uvenile is in a serious breach of the youn/ convict institution, then the disciplinary committee shall propose that the director convenes the council of the youn/ convict institution *hereinafter institution council,.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +><
*2, #he institutions council shall investi/ate all the circumstances of the case and the -uvenilePs conduct observed in the institution so far, hear the -uvenile, and ma@e a proposal to the director either for the placement of the -uvenile in the isolated part of the youn/ convict institution or a/ainst it. If the institutions council does not propose such placement of the -uvenile, or the director does not comply .ith the proposal of such placement of the -uvenile, then the disciplinary committee shall impose another punishment. *3, If the -uvenile has repeatedly and seriously infrin/ed the re/ulations of the institution, then the director may, at the proposal of the institutions council, place the -uvenile in the isolated part of the youn/ convict institution for a ma0imum period of t.o months. #he opinion of the educator and the psycholo/ist shall be obtained before ma@in/ such decision. *4, #he director may, at the proposal of the institutions council, e0tend the placement of the -uvenile in the isolated part of the youn/ convict institution on the basis of the /ood conduct of the -uvenile once for a period of one month9 the opinion of the educator and the psycholo/ist shall be a/ain obtained before ma@in/ such decision. *>, urin/ the placement in the isolated part of the youn/ convict institution, the -uvenile shall not ta@e part in any pro/ramme outside the youn/ convict institution, e0cludin/ the case under Article 3=6 *3,, and shall not ta@e an e0eat, authorised absence, .ith the e0ception of an e0traordinary authorised absence, or leave. *=, #he placement in the isolated part of the youn/ convict institution shall be terminated if the e0ecution of the disciplinary punishment is no lon/er needed, in vie. of the conduct of the -uvenile. A!tic(e ,3+ An application for the -udicial revie. of the placement in the isolated part of the youn/ convict institution shall be reported immediately after the disclosure of the resolution. +emporary and final release from the young convict institution A!tic(e ,3) *+, )ub-ect to meetin/ the conditions set out in Article +2+*+, of the Criminal Code, the -uvenile shall be temporarily released from the youn/ convict institution if the conduct of the -uvenile in the youn/ convict institution /ives reasonable /rounds to suppose that the development of the -uvenile in the ri/ht direction may be achieved .ithout placement in a youn/ convict institution. Upon the temporary release, the court shall place the -uvenile under probation supervision. *2, A -uvenile .ho has been found responsible for leavin/ the youn/ convict institution .ithout permit at least three times shall be e0cluded from the possibility of temporary release. *3, #he proposal for the -ud/e overseein/ la. enforcement re/ardin/ the temporary release shall be made by the institutions council t.o months before the due date. #he opinion of the educator and the psycholo/ist shall be attached to the proposal. #he proposal shall include a su//ested date of temporary release and su//ested special rules of conduct .hich .ould help the development of the -uvenile in the ri/ht direction durin/ the probation supervision.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +>;
*3, #emporary release shall become final if the -uvenile turns t.enty2one year old durin/ the term of the temporary release. *4, #he youn/ convict institution shall notify the probation supervision service of the place of residence, or in lac@ of that the place of stay, of the -uvenile of the e0pected date of the temporary release of the -uvenile at least t.o months in advance, and shall prepare the temporary release in co2operation .ith the probation supervisor. *>, In the course of the preparation for the temporary release a) the young convict institution may, at least three months before the due date, ma@e a proposal for the -ud/e overseein/ la. enforcement to see@ the opinion of the probation supervisor in order to determine the special rules of conduct, b) the family or the careta@er of the -uvenile shall be prepared for receivin/ the -uvenile, or if returnin/ to the family is not possible, appropriate placement shall be arran/ed for, and upon the -uvenilePs reachin/ the a/e of ma-ority assistance shall be provided to settle at least the -uvenilePs housin/ problem9 c) the -uvenile shall be encoura/ed to continue .ith education or start .or@in/. *=, #he probation supervisor shall have re/ular contacts .ith the -uvenile as from the date of the notice under )ection *4, hereof. A!tic(e ,3, *+, #emporary release shall be terminated if the -uvenile is in serious breach of the rules of conduct of probation supervision. If the breach of the rules of conduct may /ive rise to the termination of temporary release, then the probation supervisor, or the police upon the simultaneous notice of the probation supervisor, shall re5uest the prosecutor to terminate the temporary release based on the evidence referred to. *2, If the -uvenile in temporary release is ordered to continue, or temporarily continue, education in the youn/ convict institution, then the -uvenile shall be admitted by the institution the -uvenile .as released from. A!tic(e ,30 *+, If the -uvenile has turned t.enty2one years of a/e, the director shall release the -uvenile from the youn/ convict institution. *2, ?ith the e0ception of the cases set out in )ection *+, hereof, education in youn/ convict institution shall be terminated if a) its duration as determined by the court has e0pired, b) the -uvenile is /iven a prison sentence durin/ the term of the education in the youn/ convict institution *Article +22 of the Criminal Code,. *3, Eefore the e0pected date of the final release, the aftercare officer shall, .ith the help of the child .elfare service, prepare, arran/e for and assist in the return of the -uvenile to the -uvenilePs family, or if it is not possible, the start of the -uvenilePs independent life. If the -uvenile cannot return to the -uvenilePs family, then the aftercare officer shall see@ housin/ for the -uvenile.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +=6
*4, #he aftercare officer shall contact the state employment a/ency for the purpose of employin/ or retrainin/ the -uvenile. If the -uvenile .ishes to continue education, the aftercare officer shall contact the educational or vocational institute .here the -uvenile has an opportunity to continue education. *ommon rules A!tic(e ,31 *+, #he youn/ convict institution shall deliver the released -uvenile to the -uvenilePs le/al representative or any person desi/nated by the le/al representative at the youn/ convict institution, or, at the .ritten re5uest of the le/al representative, start the -uvenile off alone . *2, Upon release or temporary release, the -uveniles shall be handed over their deposited money, their deposited valuables, their o.n attire, their I card, school certificate and release letter. Aftercare A!tic(e ,32 *+, For -uveniles, .hose education in the youn/ convict institution has been terminated under Article 3D4*+, or Article 3D4*2,a, and a) .ho cannot return to their families, and .hose problems .ith housin/ and meetin/ their cost of livin/ could not be solved, b) .ish to complete their commenced studies in the frame.or@ of education and trainin/ .ithin the youn/ convict institution, the youn/ convict institution shall operate an aftercare section. *2, A decision on the placement in the aftercare section shall be made by the director on the basis of the .ritten application by the -uvenile. *3, #he director shall terminate the placement a) at the re5uest of the -uvenile, b) if the reasons of placement are no lon/er valid, c) if the -uvenile is in breach of the re/ulations of the youn/ convict institution. PART I/ INDI/IDUAL MEASURES UNDER COURT"ORDERED SUPER/ISION CCA%#"& ::(I C'!!'N &U$") 'F C'U&#2'& "&" )U%"&(I)I'N A!tic(e ,33 *+, In the course of the e0ecution of court2ordered supervision the personal freedom and other fundamental ri/hts of the defendant may be restricted to the e0tent it is strictly necessary for the
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +=+
purpose of the court2ordered supervision, for the maintenance of the safety and order of the la. enforcement institution, the detention cell of a police station, youn/ convict institution, or I!"I. *2, In the case of the e0piry, termination or cancellation of the court2ordered supervision, the defendant, measures shall be ta@en immediately to release the defendant. *3, If the resolution or the notice has been delivered by any means other than the courier of the court, the prosecutor or the investi/atin/ authority, or by a safe delivery service, then the resolution and notice on the e0tension, revie. or termination of the court2ordered supervision, and the resolution on the termination of the investi/ation or proceedin/, if applicable, shall be sent also by facsimile, and confirmed by telephone, to the la. enforcement institution imposin/ the court2 ordered supervision. *4, #he resolution and notice on court2ordered supervision, delivered under )ection *3, hereof, shall be deemed as received on the date of the receivin/ the facsimile. CCA%#"& ::(II %&"2CCA&G" "#"N#I'N ,eneral provisions A!tic(e ,34 *+, &ules applicable to the e0ecution of a prison sentence shall apply to the e0ecution of pre2 char/e detention re/ardless of the place of the e0ecution of pre2char/e detention under Articles 3<6 and 3<+, sub-ect to deviations set out in this Chapter. *2, %rovisions set out in this Chapter shall apply to the e0ecution of court2ordered supervision under Article 2 *+, c). A!tic(e ,35 *+, #he person in pre2char/e detention may e0ercise the ri/hts in criminal proceedin/s .ithout restrictions. *2, %re2char/e detention shall be implemented in compliance .ith the instructions of the prosecutor until the court passes a resolution in the course of the preparation for the hearin/, and that of the court *hereinafter 7entity e0ercisin/ the po.er to ma@e decisions, thereafter. *3, #he or/anisation in char/e of e0ecution shall admit the person in pre2char/e detention a) on the basis of a notice made out in compliance .ith the court order, or b) on the basis of the instruction of the court or the prosecutor. (lace of serving pre#charge detention A!tic(e ,4* *+, Unless the entity e0ercisin/ the po.er to ma@e decisions stipulates other.ise, pre2char/e detention shall be implemented in the county *or metropolitan, la. enforcement institution of the
seat of the entity e0ercisin/ the po.er to ma@e decisions. As an e0ception, the Commander2in2Chief of the Cun/arian %rison )ervice shall be entitled to appoint another institute for this purpose. *2, In the cases set out in Article +3> *2, of the Code of Criminal %rocedure, for periods set out therein, pre2char/e detention may be implemented also in a detention cell of a police station. *3, In a special case set out in Article +4+ *2, of the Code of Criminal %rocedure, pre2char/e detention may be served in I!"I. %re2char/e detention in I!"I shall be terminated by the court .ithout delay if it is no lon/er -ustified accordin/ to a specialist opinion or a -udicial psychiatric e0amination. *4, In the case of )ection *2, and )ection *3,, the head of the custodial facility shall notify the prosecutor if it is deemed -ustified chan/in/ the place of the e0ecution of pre2char/e detention. A!tic(e ,4+ In the case of a criminal proceedin/ opened on account of an offence under Cun/arian -urisdiction committed by a member of any allied armed forces GArticle 4>; *3, of the Criminal CodeH, pre2char/e detention shall be implemented in a la. enforcement institution. #he pre2char/e detention may be implemented also by corps of the allied armed forces stationed in the territory of Cun/ary, on the basis of an international treaty promul/ated by an act of la.. Exercising the power to make decisions A!tic(e ,4) *+, ependin/ on the phase of the criminal proceedin/, the entity e0ercisin/ the po.er to ma@e decisions shall be entitled to ma@e a decision, .ith re/ard to the person in pre2char/e detention, about a, the restriction or supervision of the detaineePs contacts under Article +<6 a,2f, in order to ensure the effectiveness of the criminal proceedin/, b, the isolation under Article 3<3*+, c, c, increased level of /uardin/ and surveillance of the person in pre2char/e detention, d, the arrest and hearin/ of the person in pre2char/e detention in the detention facility, e, transferrin/ the person in pre2char/e detention to another detention facility, unless such transfer is -ustified by the medical condition of the person in pre2char/e detention, f, the statement and the publication of the statement made to the media under Article 3;<, /, visitin/ a seriously ill relative, as certified by a physician, or ta@in/ part at a funeral service of a relative. *2, )upervision over the contacts referred to in Article +<6 a, and b, shall be e0ercised by the person e0ercisin/ the po.er to ma@e decisions9 for this purpose the la. enforcement institution shall send the letter to the person e0ercisin/ the po.er to ma@e decisions. #he deadline under Article +<+ *2, shall be calculated as from the date of the decision of the person e0ercisin/ the po.er to ma@e decisions. *3, If in consideration of their state of health, the person in pre2char/e detention must be placed in a medical unit of a la. enforcement institution or in a health care institution, then the person e0ercisin/ the po.er to ma@e decisions shall be notified accordin/ly at latest upon the date of the chan/e of placement. If transfer ur/ent for medical reasons, the person e0ercisin/ the po.er
to ma@e decisions must be notified subse5uently, .ithout delay. "ven in this case, instructions of the person e0ercisin/ the po.er to ma@e decisions under )ection *+, hereof shall be complied .ith. *4, If the -ud/ePs or prosecutorPs notice fails to include any instruction on any issue relatin/ to the service of the pre2char/e detention, the la. enforcement institution shall notify the person e0ercisin/ the po.er to ma@e decisions .ithout delay about the need for the adoption of a decision. Up to the adoption of a decision by the person e0ercisin/ the po.er to ma@e decisions, the la. enforcement institution shall implement the pre2char/e detention by applyin/ the /eneral rules under Article 3<4 *2, hereof. *>, #he detention facility shall notify the person e0ercisin/ the po.er to ma@e decisions .ithout delay if the need for ma@in/ a decision .ithin their po.er is perceived in the course of servin/ pre2char/e detention. *=, A summons or notice on arrest as set out in )ection *+, d) shall be delivered to the la. enforcement institution at least t.o days before the due date determined in the summons or notice. &ules of separation A!tic(e ,4, *+, In the course of the e0ecution of pre2char/e detention, the follo.in/ persons shall be separated from each otherB a) the persons in pre2char/e detention from the other detainees, b) men from .omen, c) A if re5uired by the person e0ercisin/ the po.er to ma@e decisions A the persons ta@en into custody .ithin the same proceedin/, from each other. *2, #he -uvenile detainees shall be separated from adult detainees. *3, #he soldiers in pre2char/e detention shall be separated from the other persons in pre2 char/e detention. *4, If persons in pre2char/e detention .or@ to/ether .ith convicts, they may be placed to/ether. *>, #he persons in pre2char/e detention may ta@e part in basic and medium level education and vocational trainin/ to/ether .ith the convicts. *=, In the case of -oint placement, consideration shall be /iven to the instructions of the person e0ercisin/ the po.er to ma@e decisions, the criminal record of and the relevant offence committed by the person in pre2char/e detention. &ules of pre#charge detention A!tic(e ,40 *+, #he persons in pre2char/e detention shall be placed in the cell alone or -ointly .ith others. In the case of -oint placement, consideration shall be /iven to the instructions of the person e0ercisin/ the po.er to ma@e decisions, the criminal record of and the relevant offence committed by the person in pre2char/e detention.
*2, #he persons in pre2char/e detention a) shall carry out a lifestyle determined in vie. of the instructions of the person e0ercisin/ the po.er to ma@e decisions, and shall be under /uardin/, supervision and surveillance9 b) shall not ta@e part in e0ternal .or@in/ activities9 c) shall freely move about in the desi/nated part of the facility only for the reason of .or@9 d, shall be placed in a loc@ed up cell, unless ta@in/ part in .or@in/ activities, sub-ect to the special rules applicable to them9 e, may be sub-ected to restrictions concernin/ the 5uantity and scope of the ob-ects that may be carried by them. 67) #he pre2char/e detention shall be implemented in compliance .ith the /eneral rules but the commander2in2chief, in a/reement .ith the person e0ercisin/ the po.er to ma@e decisions, shall be entitled to apply li/hter rules. #he commander2in2chief of the la. enforcement institution shall be entitled to determine to implement the pre2char/e detention under li/hter or stricter rules as compared to the /eneral rules. *4, If the persons in pre2char/e detention are sent, at their o.n re5uest, by the EFE for participatin/ in education, trainin/ or a special pro/ramme, they may be placed in a loc@ed up room outside the facility, as an e0ception. "ven in this case, instructions of the person e0ercisin/ the po.er to ma@e decisions shall be complied .ith. *>, In the course of applyin/ the /eneral rules, the persons in pre2char/e detention a, shall be /uarded and supervised very carefully, b, may move about in the detention facility sub-ect to permission and supervision, and their cell shall be loc@ed up, c, may contact their visitors in a secure booth or throu/h secure technical devices, d, may e0ceptionally ta@e part in the /roup pro/rammes of the persons in pre2char/e detention, e, may be sub-ected to restrictions concernin/ the 5uantity and scope of the ob-ects that may be carried by them. f, may be sub-ected to restrictions concernin/ the ri/ht of .earin/ their o.n clothin/ for security reasons. *=, In the course of applyin/ more lenient rules, the persons in pre2char/e detention a, shall be @ept in detention by /uardin/ and supervision, b, may move about in the detention facility only sub-ect to supervision, and their cells shall be loc@ed up, c, may be permitted to move about in a desi/nated area of the detention facility .ithout supervision, and in this case their cells may be @ept unloc@ed durin/ the day, d, may be permitted to receive visitors in a desi/nated room, e, may be permitted A in vie. of the instructions of the person e0ercisin/ the po.er to ma@e decisions A to ta@e part in the leisure, sport and cultural pro/rammes of the /roups of persons in pre2char/e detention, f, may be permitted to increase the scope and 5uantity of the ob-ects that may be carried .ith themselves, sub-ect to the compliance of the rules and safety of the detention facility, may .ear their clothin/. *D, #he detention facility shall @eep records of the e0piry dates of pre2char/e detention.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +=>
A!tic(e ,41 *+, If the court orders the e0ecution of a prison sentence a/ainst the person in pre2char/e detention, .ith the e0ception of community service and imprisonment replacin/ a financial penalty, the la. enforcement institution shall terminate the e0ecution of pre2char/e detention, and implement the prison sentence. *2, #he la. enforcement institution shall notify the person e0ercisin/ the po.er to ma@e decisions about the termination of pre2char/e detention under )ection *+,. *3, #he la. enforcement institution shall implement the instructions of the person e0ercisin/ the po.er to ma@e decisions under Article 3<2 in the course of the e0ecution of the prison sentence. *4, If the term of pre2char/e detention has not e0pired or has not been terminated durin/ the e0ecution of the prison sentence, then the e0ecution of pre2char/e detention shall be continued after the e0piry of the prison sentence. *>, If the criminal case, in .hich re/ard the pre2char/e detention terminated by the la. enforcement institution .as ordered, has not been closed .ith final effect, and a) the court or the prosecutor has terminated the pre2char/e detention in vie. of the decision on the prison sentence, or b) the person e0ercisin/ the po.er to ma@e decisions has re5uested a notice on the due date of release, then the la. enforcement institution shall contact the court thirty days before the termination of the e0ecution of the prison sentence, or the prosecutor before the indictment, so that a decision is made .ith re/ard to the pre2char/e detention. &ights and obligations of persons in pre#charge detention A!tic(e ,42 *+, #he persons in pre2char/e detention shall be entitled to a, e0ercise their ri/hts under the criminal proceedin/s .ithout restrictions, and contact their defendant, in the case of forei/n citi1ens .ith the consular officer of their country, verbally, in .ritin/ and by phone, .ithout control9 b, contact their relatives and other persons, sub-ect to the instruction of the person e0ercisin/ the po.er to ma@e decisions under Article 3<2 *+, a,, and in this frame.or@ ba, do correspondence, .here the fre5uency and len/th of the letters are not restricted, unless the person e0ercisin/ the po.er to ma@e decisions instructs other.ise, b, receive visitors at least on a monthly basis, bc, initiate a telephone call to their contact person on a daily basis for at least ten minutes at a time, bd, use the Internet sub-ect to the technical possibilities of the la. enforcement institution, e0clusively for vie.in/ content determined by the commander2in2chief of the la. enforcement institution, t.ice a month for at least thirty minutes at a time, be, to receive a pac@a/e at least on a monthly basis, or instead of receivin/ a pac@a/e purchase somethin/ to the debit of their deposit money for an amount determined by la. on a bi.ee@ly basis,
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +==
c, perform .or@, at their re5uest, sub-ect to the possibilities of the detention facility, receive remuneration in proportion of the 5uality and 5uantity of the .or@, and to a safe .or@in/ environment that does not threaten health, d, ta@e part, at their re5uest, in basic or medium level education or vocational trainin/, sub-ect to the possibilities of the detention facility, e, e0ercise their election ri/hts in the detention facility, .here the persons in pre2char/e detention shall be identified on the basis of the records of the detention facility. *2, If a criminal procedure has been brou/ht a/ainst the person in pre2char/e detention for committin/ an offence under Chapter :I: of the Criminal Code, such person shall be offered to participate voluntarily at an appropriate behavioural therapy or other type of /roup activity. *3, #he persons in pre2char/e detention may visit, .hile bein/ /uarded, their seriously ill relatives, as certified by a physician, or ta@e part at the funeral service of their relatives, sub-ect to the permission of the person e0ercisin/ the po.er to ma@e decisions. A relatin/ re5uest shall be for.arded to the person e0ercisin/ the po.er to ma@e decisions, .ith the opinion of the detention facility attached, .ithout delay, by electronic means if reasonable. *4, #he commander2in2chief may order the complete or partial suspension of the ri/hts set out in )ection *+, b, and d, .ith re/ard to a certain /roup of persons in pre2char/e detention for the period of the e0istence of the /rounds set out in Article +>D *+,, for a term specified therein. #he Commander2in2Chief of the Cun/arian %rison )ervice may e0tend the term of such measure by additional five days. *>, #he measure under )ection *4, shall be sub-ect to the provisions set out in Article +>D *2, hereof. %ersons in pre2char/e detention may be permitted to visit, .hile bein/ /uarded, their seriously ill relatives, as certified by a physician, ta@e part in the funeral of their relatives, or receivin/ deliveries of documents re5uired for the participation of court and official proceedin/s: *=, If the persons in pre2char/e detention have not participated in the funeral, the person e0ercisin/ the po.er to ma@e decisions may permit to pay a tribute visit to their relativePs /rave .ithin thirty days of the funeral, sub-ect to the conditions set out in )ection *4, hereof. A!tic(e ,43 *+, #he person in pre2char/e detention may marry or establish a re/istered cohabitation only in the detention facility. urin/ the or/anisation and arran/ements for the marria/e or the establishment of a re/istered cohabitation, the instructions of the person e0ercisin/ the po.er to ma@e decisions on contacts shall be enforced. *2, After the marria/e or the establishment of a re/istered cohabitation, the commander may permit the married couple or the cohabitatin/ partners to tal@ .ith the .itnesses and the relatives sub-ect to the prior approval of the person e0ercisin/ the po.er to ma@e decisions. A!tic(e ,44 *+, If the detention facility provides basic or medium level education or vocational trainin/ or reinte/ration pro/ramme or activities, then the commander2in2chief may permit the persons in pre2 char/e detention to ta@e part in the education, vocational trainin/, pro/ramme or activities provided that such participation does not threaten the safety of detention and does not infrin/e the instructions of the person e0ercisin/ the po.er to ma@e decisions.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +=D
*2, &e/ulations on the separation of detainees of the same criminal proceedin/s shall be complied .ith also in the course of participatin/ in .or@, education, vocational trainin/, reinte/ration pro/rammes and activities, as .ell as educational and sport pro/rammes. *3, etainees of the same criminal proceedin/s may ta@e part in reli/ious pro/rammes held in the detention facility but the detention facility shall ensure that the parties concerned do not ma@e contact .ith each other durin/ the pro/rammes. A!tic(e ,45 #he persons in pre2char/e detention shall a) comply .ith the re/ulations of the detention facility, b, spend the term of the pre2char/e detention in the detention facility on the basis of the decision of the court or the prosecutor, c, perform the voluntary .or@ assi/ned to them at their re5uest in accordance .ith their @no.led/e and s@ills, in a disciplined manner, in compliance .ith the re/ulations of the .or@place and the -ob, and in obedience of the stipulations relatin/ to the .or@, d, .ear uniform or .or@in/ cloths determined by la. if performin/ .or@ under Clause c,, e, contribute to the costs of detention to the debit of their remuneration for the .or@ performed or their deposit money, f, ta@e part in the maintenance and cleanin/ of the facility .ithout remuneration. *ontacts with the defending counsel and the inspection of documents A!tic(e ,5* a, #he persons in pre2char/e detention may contact their defendant, in the case of forei/n citi1ens .ith the consular officer of their country, verbally, in .ritin/ and by phone, .ithout control, as from the date of admission. *2, (erbal contact may be made durin/ the official hours of the detention facility unless ne/otiation .ith the defendin/ counsel is re5uired for initiatin/ a procedural action failin/ .hich may result in a le/al conse5uence. *3, A person in pre2char/e detention may call the defendin/ counsel by the telephone device desi/nated by the facility. In order to ensure the ri/hts of the persons in pre2char/e detention under the criminal proceedin/s, the defendin/ counsel shall be entitled to initiate a telephone call once a .ee@ for a period of one hour at a time, sub-ect to the provisions of the house rules of the facility. *4, A persons in pre2char/e detention may carry their notes prepared .ith re/ard to the criminal proceedin/, and may hand them over to their defendin/ counsel. If there are reasonable /rounds to suppose that a letter relatin/ to the criminal proceedin/, addressed to or sent by the person in pre2char/e detention, is not from or not intended to the defendin/ counsel specified in the address, then such letter shall be opened in the presence of the person in pre2char/e detention, and a record shall be made of the case simultaneously. #he only purpose of such chec@ shall be the identification of the sender and the addressee. A!tic(e ,5+
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +=<
*+, #he defendin/ counsel may ta@e the notes and audio records made on the ne/otiation .ith the person in pre2char/e detention out of the detention facility .ithout under/oin/ chec@s. #he defendin/ counsel may ta@e the voice recorder in the facility .ithout special permission, sub-ect to a declaration upon entry. *2, #he detention facility shall ensure the personal safety of the defendin/ counsel at the re5uest or .ith the consent of the defendin/ counsel. )uch supervision shall not restrict the ri/hts of the defendin/ counsel and the person in pre2char/e detention under the criminal proceedin/. *3, #hose provisions hereunder .hich are applicable to the defendin/ counsel shall also be applicable to the authorised or appointed attorney, employed attorney, attorney candidate and, sub-ect to the instructions of the person e0ercisin/ the po.er to ma@e decisions, to the le/al representative. *4, If the court has e0cluded the defendin/ counsel from the proceedin/ on the basis of the provisions of the Code of Criminal %rocedure, then the defendin/ counsel shall not e0ercise the relevant ri/hts hereunder in the criminal proceedin/ concerned. *>, In the case of the e0ecution of a transfer arrest, temporary transfer arrest and e0ecution arrest, and the detention of a person temporarily transferred in the frame.or@ of procedural le/al assistance under Act C$::: of 26+2, and in the case of the e0ecution of e0tradition arrest, temporary e0tradition arrest, the detention of a person temporally admitted in the frame.or@ of procedural le/al assistance under the Act on International Criminal $e/al Assistance, and furthermore, in the case of a temporary e0ecution of a prison sentence imposed by a forei/n court, until the court ma@es a decision on the transfer, the entry in the detention facility of the person actin/ as defendin/ counsel in a criminal proceedin/ carried out in a forei/n state, sub-ect to the re/ulations applicable to the defendin/ counsel, shall be permitted. A!tic(e ,5) If usin/ an interpreter in the criminal proceedin/ is obli/atory under )ection ++4 of the Code of Criminal %rocedure, then the entry of the interpreter in the facility shall be permitted, sub-ect to the instruction of the person e0ercisin/ the po.er to ma@e decisions. A!tic(e ,5, *+, #he persons in pre2char/e detention, at their re5uest and on the basis of the instruction of the person e0ercisin/ the po.er to ma@e decisions, shall be arrested and transferred to the detention facility for inspectin/ documents. Inspection of documents in the detention facility shall be carried out under supervision. *2, #he person in pre2char/e detention shall be entitled to use the devices provided by the detention facility for the inspection of the documents or copies of documents provided by the court, the prosecutor or the investi/atin/ authority in the course of the criminal proceedin/ by electronic means. *ommon rules of contacts A!tic(e ,50
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +=;
*+, In the interest of the safety of the pre2char/e detention and the maintenance of the order of detention facility, the detention facility shall supervise the contacts of the person in pre2char/e detention as set out in Article 3<= *+, b, sub-ect to the instructions of the person e0ercisin/ the po.er to ma@e decisions. Information on the possibility of supervision shall be /iven to the person in pre2char/e detention and to the contact person throu/h the person in pre2char/e detention. *2, Contacts bet.een the person in pre2char/e detention and the person appointed for official contacts shall be e0cluded from the calculation of the fre5uency and duration of verbal and personal contacts set out in Article 3<= *+, b) bb) and bc). *orrespondence and electronic correspondence A!tic(e ,51 *+, #he person in pre2char/e detention may send and receive letters .ithout limitation unless the person e0ercisin/ the po.er to ma@e decisions instructs other.ise. *2, #he cost of correspondence shall be borne by the person in pre2char/e detention. If necessary due to financial problems, the cost of correspondence relatin/ to the criminal proceedin/ .ill be advanced by the facility. *3, #he correspondence of the person in pre2char/e detention may be chec@ed or restricted in accordance .ith the /eneral rules. Correspondence .ith the authorities, international or/anisations established under an international treaty, the defendin/ counsel, or in the case of a forei/n citi1ens the consular officer of their country, shall not be chec@ed. *4, #he provisions of )ection *3, hereof shall be appropriately applied to electronic correspondence of the person in pre2char/e detention. 2isits A!tic(e ,52 *+, #he person in pre2char/e detention may receive a visitor, under supervision, at least once in a month. #he duration of the visit shall be one hour at a time. #his ri/ht of the person in pre2 char/e detention may be restricted on the basis of the decision of the person e0ercisin/ the po.er to ma@e decisions. *2, )ub-ect to the instructions of the person e0ercisin/ the po.er to ma@e decisions under Article 3<2, the person in pre2char/e detention shall be permitted to receive a visitor and a pac@a/e .ithin seventy2t.o hours of the date of the order of the pre2char/e detention. .aking phone calls A!tic(e ,53 *+, #he persons in pre2char/e detention shall be entitled to initiate phone calls. Initiation of a phone call may be restricted or chec@ed under Article 3<2 *+, a). *2, #he duration of the phone call to the defendin/ counsel shall be e0cluded from the duration referred to in Article 3<= *+, b) bc).
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +D6
Statements by the media A!tic(e ,54 *+, A person in pre2char/e detention shall be entitled to ma@e statements to be published by a pro/ramme item or article under the Act on !edia )ervices and Communication, or by the electronic communication net.or@ under the Act on "lectronic Communication. *2, #he authorisation or refusal of the statement or the publication shall be sub-ect to the provisions included in Articles +2>2+2=, sub-ect to the provisions of this Article. *3, #he statement or the publication may be restricted in the interest of the order and safety of the la. enforcement institution and the success of the criminal proceedin/. *4, #he commander2in2chief of the Cun/arian %rison )ervice shall prepare a proposal .ithin three business days of the date of submittin/ the application under Article +2> *2, on .hether the statement infrin/es or threatens any of the interests referred to in )ection *3,, and shall send the proposal and the application either to the prosecutor until the date of the submission of the indictment or to the court after the date of the submission of the indictment. *>, A decision .ill be made .ith re/ard to the application, on the basis of the documents, .ithin three business days of their receipt a, by the prosecutor, before the date of the submission of the indictment, b, by the court, after the date of the submission of the indictment. *=, #he person in pre2char/e detention and the defendin/ counsel may appeal a/ainst the resolution made under )ection *>, on the refusal of ma@in/ a statement, and the attorney may appeal a/ainst the resolution made under )ection *>, b, on the authorisation of ma@in/ a statement, .ithin five business days of the delivery of the resolution, and the appeal, to/ether .ith the relatin/ documents, shall be for.arded .ithout delay. *D, #he appeal .ill be -ud/ed by the investi/atin/ -ud/e in the case of )ection *>, a, hereof and by the council of second instance of the court in the case of )ection *>, b, hereof, .ithin three business days from the receipt of the documents. *<, If the Commander2in2Chief of the Cun/arian %rison )ervice has reason to decline publication under Article +2> *4, hereof, then the Commander2in2Chief shall ma@e a proposal .ithin three business days of the date of the submission of the application under Article +2> *2,, and send it to/ether .ith the application and the material to be published either to the prosecutor until the date of the submission of the indictment or to the court after the date of the submission of the indictment. #he proceedin/s of the prosecutor and the court shall be sub-ect to )ections *>, A *D, hereof. *;, 'ther.ise, the proceedin/s of the prosecutor and the court shall be sub-ect to the provisions of the Code of Criminal %rocedure. *+6, For the purposes of this Article, the order and safety of the la. enforcement institution shall mean the safety and order of the detention facility.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +D+
1ork performed by the persons in pre#charge detention A!tic(e ,55 *+, #he persons in pre2char/e detention shall not be obli/ed to .or@. *2, #he persons in pre2char/e detention may .or@ at their re5uest sub-ect to the decision of the admission and employment committee. If the persons in pre2char/e detention .or@s, their placement may be provided for, as an e0ception, in d.ellin/ units in a closed area. ?hen desi/natin/ the .or@, consideration shall be /iven in particular to a) the instructions of the person e0ercisin/ the po.er to ma@e decisions, b) the vocational 5ualifications, occupation and vocational s@ills of the person in pre2char/e detention, c) the health condition, /ender and a/e of the person in pre2char/e detention. *3, ?or@ shall not hinder the persons in pre2char/e detention in e0ercisin/ their ri/hts and performin/ their obli/ations under the Code of Criminal %rocedure. &ewards and corporeal punishment of the person in pre#charge detention A!tic(e 0** From amon/ the re.ards available for the persons in pre2char/e detention, those set out in Article +D2 *2, h,2-, shall not be applicable. A!tic(e 0*+ *+, %unishments that may be imposed on the person in pre2char/e detention are as follo.sB a, reprimand, b) reduction of the amount spent on personal needs for ma0imum three months, to a ma0imum e0tent of >6 percent, c) ban from attendin/ events, leisure and sportin/ pro/rammes or/anised by the detention facility applicable to specific events or for a ma0imum period of three months, d) solitary confinement for up to t.enty days. *2, #he e0ecution of corporal punishment shall not hinder the persons in pre2char/e detention in e0ercisin/ their ri/hts and performin/ their obli/ations under the Code of Criminal %rocedure. &elease of a person in pre#charge detention A!tic(e 0*) *+, A person in pre2char/e detention shall be released on the date of a) the e0piry of the pre2char/e detention, b, the termination of pre2char/e detention under Article +32 *3, of the Code of Criminal %rocedure, c) the delivery of the resolution on the termination of the investi/ation or proceedin/, if applicable d) the provision terminatin/ the pre2char/e detention.
*2, If the court terminates the pre2char/e detention at the trial, then, upon handin/ over the relatin/ order and the notice, the person in pre2char/e detention shall be released on the spot, unless such person must be held in detention because of another issue, and shall be re5uested to visit the detention facility on the ne0t business day durin/ the official hours in order to receive the release certificate and ma@in/ a settlement. *3, If the person in pre2char/e detention is released at the court, then the court shall issue a certificate of release the release of the person in pre2char/e detention for identification purpose, provided that the detainee does not .ant to return to the la. enforcement institution . *4, #he detention facility shall release the person in pre2char/e detention re/ardless of the provision set out under )ection *+, provided that the person in pre2char/e detention has served the term of the non2final prison sentence imposed by the court of first instance or court of second instance. *>, #he person in pre2char/e detention shall not be released in the cases set out in )ections *+, and *2, hereof if such a person must serve a prison sentence, imprisonment, prison sentence replacin/ a community service or a fine, pre2char/e detention, e0tradition arrest, temporary e0tradition arrest, transfer arrest or temporary transfer arrest ordered in connection .ith a "uropean arrest .arrant or a temporary e0ecution arrest. *=, If the person in pre2char/e detention shall serve after the pre2char/e detention an immi/ration detention or refu/ee detention, then the detention facility shall notify the immi/ration authority or refu/ee authority at latest three business days before the date of release. #he release of the person in pre2char/e detention shall not be prevented by the immi/ration authority or refu/ee authority failin/ to ta@e over the person in pre2char/e detention on the basis of the notice of the date of release. .onitoring mental status and the examination of a mentally impaired person in pre#charge detention A!tic(e 0*, *+, If the court ordered the monitorin/ of the mental status of the person in pre2char/e detention placed in the detention facility *Article +6D of the Code of Criminal %rocedure,, then the detention facility shall transport such person in I!"I. *2, Upon the termination of the monitorin/ of the mental status, I!"I shall submit its opinion to the court orderin/ the monitorin/. If the opinion of I!"I is that the person in pre2char/e detention is mentally ill, then the e0ecution of the pre2char/e detention or the medical treatment of such person shall be carried out by I!"I until the court decides other.ise. A!tic(e 0*0 *+, If the detention facility detects si/ns of an abnormal state of mind in the person in pre2 char/e detention, such person shall be referred to I!"I for e0amination .ithout delay, and the person e0ercisin/ the po.er to ma@e decisions shall be simultaneously notified accordin/ly. *2, #he I!"I shall notify the referrin/ detention facility and the person e0ercisin/ the po.er to ma@e decisions about the results of the e0amination .ithout delay. If the inpatient hospital treatment of the referred person in pre2char/e detention is not re5uired, then I!"I shall send the
documents of the e0amination results to the physician of the la. enforcement institution implementin/ the detention. *3, If the result of the e0amination is that the person in pre2char/e detention is mentally ill, then the e0ecution of the pre2char/e detention or the medical treatment of such person shall be carried out by I!"I until the person e0ercisin/ the po.er to ma@e decisions decides other.ise. *4, If the person in pre2char/e detention is not in a threatenin/ condition, and such person re-ects treatment, and the e0amination did not establish a psychiatric illness, then I!"I shall ta@e measures .ithout delay to re2transport such person to the referrin/ detention facility. #he I!"I shall notify the person e0ercisin/ the po.er to ma@e decisions about this .ithout delay. &ules of the pre#charge detention of juveniles A!tic(e 0*1 *+, #he pre2char/e detention of -uveniles shall be implemented sub-ect to the re/ulations of Chapter ( applicable to -uveniles, .ith the deviations set out in this Chapter. *2, In cases specified by la. or if the court decides so, the pre2char/e detention of the -uvenile shall be implemented in a youn/ convict institution. *3, If the pre2char/e detention of the -uvenile shall be implemented in a la. enforcement institution on the basis of Article 4>4 *2, and *3,, then the detention facility may propose to the prosecutor to initiate the chan/e of the place of the e0ecution of the pre2char/e detention, provided that it is necessary in the interest of the -uvenile. *4, In the course of the e0ecution of the pre2char/e detention, -uveniles under +4 years of a/e shall be separated from the rest of the -uveniles in pre2char/e detention. &egulations applicable to the execution of pre#charge detention of juveniles in a young convict institution A!tic(e 0*2 *+, #he e0ecution of pre2char/e detention in a youn/ convict institution shall be sub-ect to the provisions of Chapter ::( mutatis mutandis, but the provisions of Articles 33= *2,, 3>=23><, 3=D, 3=< and 3D6 shall not be applicable. *2, A -uvenile in pre2char/e detention may be temporarily placed in a la. enforcement institution or a detention cell of a police station, as an e0ception, for a ma0imum period of five days, even if the pre2char/e detention shall be implemented in a youn/ convict institution. *3, #he temporary placement of a -uvenile in pre2char/e detention in a la. enforcement institution or a detention cell of a police station, and the duration of such temporary placement, shall be determined by the court in vie. of the contents of )ection *2,. *4, Until the court passes a resolution on pre2char/e detention in the course of the preparation for the hearin/, the -uvenile may be placed in a la. enforcement institution or a police detention cell for a period not e0ceedin/ t.enty2four hours also on the basis of the order of the prosecutor. #he prosecutor shall notify the court accordin/ly.
*>, If the -uvenile in pre2char/e detention needs inpatient care or a chec@ up in a hospital, then the re5uired care and chec@2up shall be provided in a correctional health facility, if possible. *hange in the place of execution A!tic(e 0*3 *+, If the -uvenile @eeps infrin/in/ the re/ulations of the youn/ convict institution or e0hibits a behaviour that seriously threatens the physical inte/rity of the -uvenilePs mates or the .or@ers in the youn/ convict institution, or the safety of the youn/ convict institution, then the director may re5uest the prosecutor to initiate the chan/e of the place of the e0ecution of the pre2char/e detention. *2, If the court orders the chan/e of the place of the e0ecution of the pre2char/e detention, then the youn/ convict institution .ill contact the police station of the seat of the youn/ convict institution in order to arran/e the transportation of the -uvenile. Exercising the power to make decisions A!tic(e 0*4 *+, #he person e0ercisin/ the po.er to ma@e decisions shall ma@e decisions about &= the restriction or supervision of the -uvenilePs contacts *correspondence, reception of visitors, pac@a/es received, phone calls,, d, the arrest and hearin/ the -uvenile in the youn/ convict institution, c) the transportation of the -uvenile to another facility, d)the separation of the -uvenile from detainees of the same proceedin/. *2, #he youn/ convict institution shall ensure the e0ecution of instructions of the person e0ercisin/ the po.er to ma@e decisions. If the -ud/ePs notice or the prosecutorPs notice includes no instruction .ith re/ard to any issue relatin/ to the e0ecution of the pre2char/e detention, then the youn/ convict institution shall act in accordance .ith the le/al re/ulations of /eneral effect. *3, #he secure trainin/ centre or youn/ convict institution shall notify the person e0ercisin/ the po.er to ma@e decisions .ithout delay if it detects a need for ma@in/ a decision fallin/ .ithin the po.ers of the person e0ercisin/ the po.er to ma@e decisions in the course of the e0ecution of pre2char/e detention. Education" training and employment A!tic(e 0*5 #he -uvenile in pre2char/e detention shall not ta@e part in education, trainin/ and .or@in/ activities outside the youn/ convict institution. A!tic(e 0+* *+, #he -uvenile in pre2char/e detention shall not be permitted to ta@e part in pro/rammes outside the youn/ convict institution and shall not be permitted to ta@e a sic@ leave .
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +D>
*2, If the person e0ercisin/ the po.er to ma@e decisions has authorised the -uvenile in pre2 char/e detention to visit a seriously ill relative, or ta@e part in the funeral of a relative, under supervision, then the person e0ercisin/ the po.er to ma@e decisions shall contact the police station of the seat of the youn/ convict institution to arran/e for the supervision of the -uvenile. *ontacts A!tic(e 0++ *+, #he youn/ convict institution shall ensure that the -uvenile in pre2char/e detention can contact, under supervision, a relative or another person not mentioned in )ection *2,. *2, Contact .ithout supervision, sub-ect to the house rules of the youn/ convict institution, shall be provided for bet.een the -uvenile in pre2char/e detention and a, the defendin/ counsel, b) a member of an or/anisation authorised by la. to protect fundamental ri/hts, an associate authorised to perform the duties under the national preventive mechanism, and a member of a church or civilian or/anisation performin/ charity activity, c) a church official, for the purpose of e0ercisin/ reli/ion, d) the supervisor of the appointed probation supervisor or the supervisor of the preventive officer, e) the diplomatic representative, consular officer of the -uvenilePs country, accredited to Cun/ary, or lac@in/ that, a representative of the country representin/ the -uvenilePs interests. Arrest" hearing A!tic(e 0+) *+, In the case of summons in a criminal case, the youn/ convict institution shall contact the police station of the seat of the court to ma@e arran/ements for the arrest and transfer of the -uvenile to the desi/nated place and date, and the return of such -uvenile in the youn/ convict institution. Arrest, as re5uested by the investi/atin/ authority, may be performed on the basis of the summons of the person e0ercisin/ the po.er to ma@e decisions. *2, #he procedure set out in )ection *+, shall be carried out even if the -uvenile in pre2char/e detention or the defendin/ counsel re5uests arrest on the basis of the notice by the court. *3, #he investi/atin/ authority may hear the -uvenile in pre2char/e detention, sub-ect to the consent of the person e0ercisin/ the po.er to ma@e decisions, in the youn/ convict institution at a time a/reed .ith the director. *4, It is the person e0ercisin/ the po.er to ma@e decisions that can permit the transfer of the -uvenile in pre2char/e detention to the investi/atin/ authority. +he termination of pre#charge detention A!tic(e 0+,
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +D=
*+, #he -uvenile in pre2char/e detention shall be released from the youn/ convict institution on the day of e0piry or the date of the order terminatin/ the pre2char/e detention, and shall be transferred to the le/al representative or the le/al representativePs assi/nee at the seat of the youn/ convict institution. If the le/al representative or the le/al representativePs assi/nee fails to ta@e over the -uvenile, then such -uvenile shall be placed separately and the provisions of the act on the protection of children and /uardianship administration and the relatin/ implementin/ re/ulations shall apply. *2, If the court terminates the pre2char/e detention durin/ the trial, then, upon handin/ over the relatin/ order, the -uvenile shall be released on the spot, and shall be re5uested to visit the detention facility on the ne0t business day durin/ the official hours in order to receive the release certificate and ma@in/ a settlement. *3, #he -uvenile released from pre2char/e detention shall be transferred to the le/al representative or the le/al representativePs assi/nee present, and the -uvenile .ho has to remain sub-ect to education in the youn/ convict institution because of another issue shall be transferred to the desi/nee of the youn/ convict institution, but their absence does not constitute a barrier to the release. If the person entitled to ta@e over the -uvenile is absent, then the -uvenile shall be placed in the competent childrenPs home of the place of the proceedin/. *4, #he -uvenile released on the spot under )ection *2, hereof may be transferred, at such -uvenilePs .ritten re5uest, from the hearin/ to the facility if the issue of the release certificate and the settlement may be completed on the same day durin/ the official hours. *>, #he secure trainin/ centre or youn/ convict institution shall issue a release certificate for the -uvenile released from pre2char/e detention. Upon release the -uveniles shall be handed over their I card, deposit money, deposited valuables, their o.n clothin/ and their school certificate. *=, Upon the release of a -uvenile from pre2char/e detention, an appropriate notice shall be /iven to the or/anisations and persons that .ere notified of the admission of the -uvenile to the facility, and the prosecutor or court that ordered the termination of pre2char/e detention. &ules of the pre#charge detention of soldiers A!tic(e 0+0 *+, #he pre2char/e detention of a soldier shall be implemented in a military -ail, in a dedicated part of a facility desi/nated for this purpose by a separate la., unless the instruction of the person e0ercisin/ the po.er to ma@e decisions to separate the defendants cannot be carried out other.ise. *2, 'ther.ise the e0ecution of the pre2char/e detention of a soldier shall be carried out in compliance .ith the provisions of Articles 3<62462, .ith the proviso that, a, In the course of the e0ecution of pre2char/e detention, the soldiers belon/in/ to different staff /roups shall be separated, b) soldiers shall .ear uniform .hen transferred to the court, the prosecutor or other authorities, c) in the case of a soldier, a notice of admission and release shall also be /iven to the competent staff commander.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +DD
Detention of a person subject to a court#ordered supervision in connection with international mutual legal assistance in criminal matters A!tic(e 0+1 *+, the person sub-ect to court2ordered supervision set out in Article 2 *+, c) shall be placed in the la. enforcement institution of Eudapest. *2, A person under temporary e0tradition arrest or e0tradition arrest shall be released on the basis of the decision of the minister of -ustice, and a person under temporary transfer arrest or transfer arrest or temporary e0ecution arrest shall be released on the basis of the decision of the court. *3, In the case of a transfer to another state, the person specified in )ection *+, above shall be ta@en over by the assi/nee of the competent police or/anisation in the facility. #he facility shall hand over to the assi/nee of the police, a/ainst receipt, the deposited personal belon/in/s of such person and also the copies of the re/istration documents.
CCA%#"& ::(III IN('$UN#A&T C'!!I#!"N# A!tic(e 0+2 *+, ?ith the e0pection of the provisions re/ulatin/ submissions for the revie., termination, adaptation leave and the psychiatric treatment of released convicts under coerced medical care, the rules of performin/ involuntary commitment shall also apply to the performance of provisional coerced medical care .ith the differences set forth in this Chapter. *2, #he startin/ day of provisional coerced medical care shall be the day on .hich the patient is accepted to I!"I. If prior to the provisional involuntary commitment the patients mental state been observed in I!"I, the duration of observation may not be included in the duration of the provisional involuntary commitment. In this case the provisional involuntary commitment shall start on the day .hen it is ordered. *3, #he costs of provisional involuntary commitment shall be borne by the state. *4, In the event of a patient referred to provisional involuntary commitment a) any and all chan/es in the state or treatment shall be indicated in their case history at least on every other day9 b) the party e0ercisin/ the po.ers to ma@e orders must be informed of the patients placement in another health care institution in advance, or in an ur/ent case, subse5uently. *>, #he time spent in another health care institution shall be included in the duration of involuntary commitment. *=, %ersons under/oin/ provisional involuntary commitment shall have the ri/ht to @eep contacts .ith their defendin/ counsels and the officers of their countrys consulate accordin/ to the
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +D<
rules re/ulatin/ detainees. If the party e0ercisin/ the po.ers to ma@e orders does not /ive restrictive instructions, the persons under provisional involuntary commitment may @eep contact .ith their le/al representatives .ithout limitation. *D, Any instruction /iven by the party e0ercisin/ the po.ers to ma@e orders re/ardin/ separation, increased custody and liaisin/ shall be performed durin/ the performance of the provisional medical treatment. If I!"I notices that a decision fallin/ .ithin the order2ma@in/ po.er is needed, it shall promptly inform the party .ho e0ercises the order2ma@in/ po.er. A!tic(e 0+3 urin/ the periodic revie. of the -ustification for provisional involuntary commitment, the abstract of the disease description shall be sent to the prosecutor re5uired to motion for a revie., no later than fifteen days follo.in/ the e0piration of the deadline for the provisional involuntary commitment. A!tic(e 0+4 *+, If the person admitted for provisional involuntary commitment is not mentally disordered, the chief medical officer shall recommend termination of the provisional involuntary commitment .ithout delay. Up to the measure ta@en by the authorised party, I!"I shall provide for custody and supervision accordin/ to the provisions of the party .ho e0ercises the order2ma@in/ po.ers. *2, A person .ho has been in provisional involuntary commitment shall be released from I!"I a) on the e0piry date if the duration of the provisional involuntary commitment is over and no chec@up has been performed9 b) on the day .hen the resolution terminatin/ investi/ation or the proceedin/ is delivered. *3, If the prosecutor or the court terminates the provisional involuntary commitment, the patient shall be released A and an appropriate certificate shall be issued A on the day of receivin/ the notice of the involuntary commitment by I!"I. *4, If at the time of terminatin/ the provisional involuntary commitment the defendant has been sentenced to detention, imprisonment or custody, measures shall be ta@en .ithout delay for theirtransportation to the la. enforcement institution. If the patient needs inpatient care in a health care institution, their medical treatment shall be continued at the appropriate department of I!"I or they shall be transported to the appropriate department of the Central Cospital.#he detailed description of the disease of such a patient shall be enclosed .ith the la. enforcement health care material. *>, In the events described in )ections *2, and *3, hereof, the person under provisional involuntary commitment may not be released and measures shall be ta@en .ithout delay for their transportation to the la. enforcement institution if they are re5uired to a) serve imprisonment, custody, or imprisonment replacin/ community .or@ or a fine imposed in another case9 b) detention on remand, arrest for e0tradition or provisional arrest for e0tradition, arrest for surrender or provisional arrest for surrender or provisional arrest for enforcement ordered in relation to the e0ecution of a "uropean .arrant for arrest imposed in another case.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +D;
*=, If follo.in/ release, the person under provisional involuntary commitment is re5uired to serve police custody or administrative detention, the custodial institution shall inform the competent immi/ration control or refu/ee control authority immediately upon learnin/ the due date of the release. If on the release date the immi/ration control authority or the refu/ee control authority fails to accept the person under provisional involuntary commitment on the basis of such notice, this shall not prevent release. CCA%#"& ::I: %&"2CCA&G" "#"N#I'N A!tic(e 0+5 *+, ?ith the differences contained in this Chapter, pre2char/e detention shall be sub-ect to the re/ulations applicable to detention. *2, %re2char/e detention ordered in the course of a criminal proceedin/ shall be e0ecuted in police custody *hereinafter 7remand prison8,. *3, etainees can e0ercise their ri/hts under criminal la. .ithout limitation. In order to have their authorisation si/ned, entry by la.yers to the territory of a remand prison area shall be ensured durin/ and after official hours. *4, urin/ custody the suspects freedom and other fundamental ri/hts may be limited to the e0tent indispensable for the ob-ective of the custody, the loc@2up rules or for maintainin/ security. *>, etainees may not participate in .or@ pr trainin/ at custody, may not marry or establish re/istered partnership and cohabitation in remand prison. *=, No disciplinary proceedin/s may be conducted a/ainst detainees. *D, Complaints a/ainst detention shall be -ud/ed by the person in char/e of custody. *<, #he person in char/e of detention shall be a) the chief commissioner of the police if the custody is served in a police custody or in the *central, remand prison of the county *or Eudapest,9 b, the commander of the 'n2Call )ervice of the %olice, if the custody is served in a remand prison of the National Investi/ation 'ffice of the 'n2Call %olice.
*;, For the purposes of this Chapter, a la. enforcement /uard shall mean the remand prison /uard. A!tic(e 0)* *+, #he remand prison shall accept the detainee on the basis of a .arrant issued by the person in char/e of detention accordin/ to the relevant court rulin/ or the resolution of the prosecutor or the investi/atin/ authority.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +<6
*2, #he remand prison shall notify a, the court, prosecutor or investi/atin/ authority that has ordered detention, b, the competent commander, in the case of a soldier, of the admission of a person for detention. *3, #he remand prison shall maintain records of the e0piry of detention as per Articles +2= *3,, 24;, 2<+ *=,, >+; *2,, >>> *4, and >;= *=, of the Code of Criminal %rocedure, indicatin/ its date and time .ith an accuracy of hours and minutes, includin/ the duration of any official detentions precedin/ the custody order pursuant to Article +2= *>, of the Code of Criminal %rocedure. A!tic(e 0)+ *+, #he head of the court, the prosecutor or the head of the investi/atin/ authority orderin/ detention *in respect of the e0ecution of detention, hereinafter referred to as the party e0ercisin/ the po.ers to ma@e orders, shall decide .hether to apply the follo.in/ measuresB a, increased custody, b, separation from other arrested persons or detainees of the same proceedin/, c, monitorin/ their correspondence, telephone conversations and visitors, d, restrictions on or prohibitions of their correspondence, telephone conversations and receivin/ visitors, e, their arrest or e0tradition to the investi/atin/ authorities in the interest of performin/ an act of investi/ation. *2, If the party e0ercisin/ the po.ers to ma@e orders does not prohibit, detainees may liaise .ith the relative appointed by them. etainees may initiate telephone calls to their relative once a day for ten minutes. #he detainees relative may visit them on a daily basis in official hours A at times previously a/reed .ith the commander of the remand prison. urin/ visits detainees may receive only one person, and the time of the visit shall be thirty minutes. *3, etainees may liaise .ith other persons A e0cludin/ their defendin/ counsels or the officers of the consulate of their country A only .ith the approval of the party e0ercisin/ the po.ers to ma@e orders. *4, Contact ri/hts may not be e0ercised if another proceedin/ is also in pro/ress a/ainst the detainee. !a@in/ up for missed liaises shall be sub-ect to approval, provided that they can be performed .ithin official hours. *>, If the person in char/e of the detention notices that a decision fallin/ .ithin the order2 ma@in/ po.er is needed, it shall promptly inform the party .ho e0ercises the order2ma@in/ po.er. A!tic(e 0)) *+, #o the debit of their deposited money, detainees may purchase ob-ects they are allo.ed to @eep in their possession and may complement their clothes. *2, #he purchases performed from the detainees deposited funds shall be primarily ensured by .ay of their relatives or defendin/ counsels. For lac@ of the latter, purchases shall be performed
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +<+
by the person authorised by the party in char/e of detention on the basis of the detainees .ritten application. A!tic(e 0), *+, Unless the court has ordered a detainees pre2char/e detention, once the duration of detention is over or at the time of informin/ the remand prison of the rulin/ terminatin/ custody, the detainee shall be released .ithout delay. *2, If the court dismisses the motion for the detention of a detainee, subse5uently to handin/ over the relevant rulin/, the detainee shall be released on the spot, ho.ever, upon their re5uest they may be transported bac@ to the remand prison if the certificate of release can be issued and the accounts can be settled .ithin the same day. *3, ?ith the e0ception of the case set out in )ection *2, hereof, the court, prosecutor or investi/atin/ authority that has ordered detention of the detainee shall be informed of their release. In the case of soldiers the competent commander shall be informed of their release. CCA%#"& ::: C'NFIN"!"N# )"&(" IN)#"A 'F A &"GU$A#'&T FIN" A!tic(e 0)0 *+, ?ith the e0ception of the differences defined in )ection *2, hereof, the provisions of Chapter (I shall apply to the e0ecution of confinement replacin/ re/ulatory fine. *2, A person ordered to confinement replacin/ re/ulatory fine a, shall not be re5uired to perform .or@ or study durin/ e0ecution9 b, shall be entitled to use a telephone for t.enty minutes at least three times a .ee@, sub-ect to optional chec@2up, but the convict shall be informed of the chec@2up option9 c, may receive a visitor at least on three occasions per .ee@9 d, may be /ranted leave for ei/ht hours per .ee@, and the duration of such leaves shall count to.ards the custody9 e, shall be entitled to stay in the open air for t.o hours per day. PART / POST"CHAR.E NON"CRIMINAL DETENTION CCA%#"& :::I %')#2CCA&G" N'N2C&I!INA$ "#"N#I'N A!tic(e 0)1 *+, )ub-ect to the provisions of )ection *2, hereof, the provisions of Chapter (I shall apply to post2char/e non2criminal detention. *2, #he time limit of the e0ecution of post2char/e non2criminal detention shall be interrupted if confinement is ordered a/ainst the convict for other reasons. Up to the termination of such a condition, the time limit shall be interrupted. *3, No post2char/e non2criminal detention may be e0ecuted if
a, the convict has been incarcerated, loc@ed up, @ept in a youn/ convict institution or detention for more than a year follo.in/ the final and bindin/ date of the rulin/ orderin/ confinement of the convict for committin/ an infrin/ement9 b, any condition e0cludin/ sentencin/ to post2char/e non2criminal detention has ta@en place, c, the time limit determined in Article 24 of the Act on Infrin/ement %roceedin/s has lapsed. *4, For the purposes of this Article, a soldier shall be a person defined in Article 2< *+, of the Act on Infrin/ement %roceedin/s if they are in a contractual relation .ith the effective force at the time of startin/ the e0ecution or durin/ the e0ecution of the confinement ordered a/ainst him. PART /I CLOSIN. PRO/ISIONS Authorising (rovisions A!tic(e 0)2 *+, #he Government is here.ith authorised to decree the appointment of the probation supervision service. *2, #he minister in char/e of -ustice is authorised to decree a, the detailed rules of servin/ a custodial sentence or detention on remand, in a/reement .ith the minister in char/e of la. enforcement, and in the case of soldiers, also the minister in char/e of defence9 b, the rules of performin/ the activities of the %robation )upervision )ervice9 c, the rules of e0ecutin/ confiscation, in a/reement .ith the minister supervisin/ the National #a0 and Customs 'ffice9 d, the rules of performin/ involuntary commitment and provisional involuntary commitment, and the duties of the I/a1sI/J/yi !e/fi/yelK Ls "lme/yM/yNtM IntL1et *Forensic !onitorin/ and !ental Cealth Institution,, in a/reement .ith the minister in char/e of la. enforcement9 e, the rules re/ulatin/ the duties of courts and other or/anisations in the e0ecution of rulin/s adopted in criminal cases9 f, the establishment of the first and last days of imprisonment, in a/reement .ith the minister in char/e of la. enforcement9 /, the rules of inmates disciplinary responsibility, in a/reement .ith the minister in char/e of la. enforcement9 h, the rules of dama/e proceedin/s related to inmates, in a/reement .ith the minister in char/e of la. enforcement9 i, the rules of health care services provided to inmates, in a/reement .ith the minister in char/e of la. enforcement9 -, the rules of healthy and safe .or@ and the rules re/ulatin/ the occupational health service, in respect of la. enforcement or/anisations in a/reement .ith the minister in char/e of la. enforcement9 @, the rules of %rison !inistry, in a/reement .ith the minister in char/e of la. enforcement9 @, the rules of proceedin/s related to forei/n currencies in the possession of inmates, in a/reement .ith the minister in char/e of la. enforcement9 *3, #he minister in char/e of la. enforcement is authorised to decree
a, the rules of desi/natin/ la. enforcement institutions9 b, the rules of ta@in/ measures to e0ecute custody and infrin/ement proceedin/s, in a/reement .ith the minister in char/e of infrin/ement re/ulation9 c, the rules of performin/ police duties related to probation supervision activities, in a/reement .ith the minister in char/e of policin/9 d, the rules of ta@in/ measures to e0ecute custodial sentences for infrin/ement, in a/reement .ith the minister in char/e of infrin/ement re/ulation9 e, the rules of the installation, operation and application of electronic remote surveillance systems, and usin/ electronic remote surveillance tools, in a/reement .ith the minister in char/e of -ustice. *4, #he minister in char/e of policin/ is here.ith authorised to decree the detailed rules of the e0ecution of detention on remand in a police loc@2up in a/reement .ith the minister in char/e of la. enforcement and the minister in char/e of -ustice, after havin/ re5uested the opinion of the Chief %rosecutor. *>, #he minister in char/e of the protection of children and the youth is here.ith authorised to decree the rules of youn/ convict institutions in a/reement .ith the minister in char/e of -ustice and the minister in char/e of la. enforcement. Entry into force A!tic(e 0)3 #his Act shall enter into force on 3+ ecember 26+4. +emporary provisions *+, A person sentenced to imprisonment by application of Act I( of +;D< on the Criminal Code *hereinafter Act I( of +;D<, may be released on parole accordin/ to the provisions of Act I( of +;D< effective on 36 Fune 26+3. *2, #he duration of ban from the profession, dis5ualification from drivin/, e0pulsion, ban from votin/ and public affairs and e0clusion, imposed in addition to partially suspended imprisonment by application of Act I( of +;D< shall be calculated in compliance .ith the provisions of Articles 2<;, 2;+ *+,, 2;2 *+,, 2;4 *+, and 2;D. *3, In the event of imprisonment imposed by application of Act I( of +;D<, the miti/ated enforcement re/ulations may not be applied in respect of Articles +6> *2, c, if the convict is not allo.ed to be released on parole pursuant to a court rulin/ based on Article 4D *4, of Act I( of +;D<. *4, In the course of e0ecutin/ probation supervision ordered by the court prior to + Fuly 26+3, Article D6 *3, of the Criminal Code may be applied. *>, In the course of their contribution to the e0ecution of probation supervision ordered by application of Act I( of +;D<, the police shall chec@ compliance .ith the code of conduct re/ulated in Article <2 *>, a)#d) of Act I( of +;D<.
*=, In the course of e0ecutin/ an involuntary commitment ordered by Act I( of +;D< in force bet.een + !ay 26+6 and 36 Fune 26+3, on the day .hen the involuntary commitment e0pires, pursuant to Article D4 *3, of Act I( of +;D<, the involuntary commitment shall be terminated and the patient shall be released from the institute. *D, If durin/ the release as per )ection *=, hereof the need to /ive medical treatment to the patient still applies, the chief medical officer of the Institution shall motion in time for a court proceedin/ to order mandatory medical treatment in compliance .ith the provisions of the Act on Cealth Care in the interest of the patients placement on the due date of the patients release. If the court orders mandatory medical treatment of the patient, the chief medical officer shall ta@e measures A .ith the assistance of the national emer/ency health service A to transport the patient to the psychiatric institutions that .ill be providin/ the medical treatment. *<, Articles 2>D, 2><, 2D4, 2;>, 2;=, 2;; and 36; shall also apply to convicts .ho have been sentenced as a soldier in a military criminal proceedin/ under Act I( of +;D<. &epealing provisions 0)4: 6 $a. ecree ++ of +;D; on the e0ecution of measures shall be repealed. *ompliance with the &egulations of the European 'nion A!tic(e 0)5 Articles +33 and 3<= *2, shall serve compliance .ith irective 26++O;2O"U of the "uropean %arliament and of the Council of +3 ecember 26++ on combatin/ the se0ual abuse and se0ual e0ploitation of children and child porno/raphy, and replacin/ Council Frame.or@ ecision 2664O=<OFCA.
As the Government has not yet discussed this motion, it cannot be considered as the Governments official position. +<>

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As the Government has not yet discussed this motion, it cannot be considered as the Governments official position.

MINISTER OF PUBLIC ADMINISTRATION AND JUSTICE MINISTER OF THE INTERIOR

Bu#&$est Au'ust )*+,

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