In this regard, Member States are asked to make a separated table for each judgement and each probation decision, entering into the scope of the Framework Decision and indicate for each one the following information.
Name of the judgement or the probation decision |
Art 2/6 of FD - conditional release |
Classification of this judgement or the probation decision |
Art 2/6 of FD - conditional release |
Legal basis of this judgement or the probation decision |
Provisions 88 and 89 of Act No. 40/2009 Coll., Criminal Code |
Definition of this judgement or the probation decision |
Decision of a Court on early release of a sentenced person after part of the custodial sentence or measure involving deprivation of liberty has been served together with |
Legal Conditions of this judgement or the probation decision |
Court may conditionally release a convicted person : If the court conditionally releases person before serving one-half of the term of imprisonment to which such person was sentenced (person convicted for committing a misdemeanour who proves by his exemplary behaviour and fulfilment of his duties that further continuation of execution of sentence of imprisonment is not necessary), it imposes on this conditionally released person obligation to stay during the fixed period in particular during the night and during not working days on his place or imposes to him to execute the work in favour on the state or other benevolent institution or to pay compensation imposed for the benefit of victims. |
Type of probation measures |
A) Supervision The supervision means a regular personal contact of an offender with an officer of the Probation and Mediation Service, cooperation in formulation and realisation of the probation programme during the probationary period, and supervising the observance of conditions imposed upon the offender by the court or arising from law. Supervision upon the offender is guided by a probation officer. The aim of supervision is to monitor behaviour of the offender and thereby also to ensure protection of society and to reduce possibility to repeat the criminal activity. It also aims to provide professional guidance and aid to the offender with o view to ensuring that he will lead an orderly life in future If the Court order the supervision of the released person, probation officer will be in a regular personal contact with this released person and the probation program will be formulated for and cooperation with released person. The person upon whom the supervision has been imposed, is obliged: B) Appropriate restrictions or obligations (probation measures) At the same time as ordering the supervision, the court may (but not must) impose on the conditionally released person under sentence also appropriate restrictions or obligations (probation measures) aimed at introducing order into his way of life. The court may impose appropriate restrictions or obligations without ordering the supervision. The Czech law does not provide for any exhaustive list of probation measures which can be imposed by the judge to the sentenced person. Therefore, it is at the sole discretion of the judge to determine any obligation or restriction deemed necessary, depending on the facts of the case submitted. Appropriate restrictions and appropriate duties have the aim to introduce order into perpetrator's life; as a rule the court may impose a duty on the offender to compensate, according to his situation, the damage which he caused by his crime. Example of probation measures are: |
Combination of sanctions or measures |
In this case the following combination is possible : |
Authority responsible for taking such a decision |
The court |
Authority responsible for supervising |
The supervision and control of probation measures is followed up by Probation and Mediation Service (administrative authority). The probation and mediation services are established by Act No.257/2000 Coll. Probation and Mediation Service Act. The Probation and Mediation Service aims to offer effective and socially beneficial solution of crime-related conflicts and at the same time organizes and provides for efficient and dignified execution of alternative sentences and measures with emphasis on victim interests, community protection and crime prevention. Objectives of the PMS activity : Completing tasks of the Probation and Mediation services in relation to judicial and Police bodies are secured by their offices which are located at the seats of the district courts or made-equal divisional or municipal courts (74 offices + 4 field offices).. Cooperation among Probation and Mediation Service and courts, state prosecutors and bodies of the Police of Czech Republic is based on law. Closer cooperation is regulated by particular Cooperation Agreements that specify principles of the case work, the exchange of information aimed at effective control of alternative sanctions. The Probation and Mediation Services proceed, in cooperation with the bodies of the social security, schools and educational facilities, health institutes, churches and religious communities, civil associations, foundations and other institutions pursuing humanitarian goals and cooperates with bodies of socio-legal protection of children and providing inadaptable citizens with social care. |
Authority responsible in case of infringement |
If the offender, upon whom the supervision has been imposed, infringes the conditions of supervision or appropriate restrictions or duties, the probation officer notifies, without undue delay, the court which imposed the supervision and/or appropriate restrictions or obligations. Unless the judge stipulates otherwise, the probation officer compiles, at least once a six months, a report, notifying judge of the process of supervision, fulfilment of appropriate restrictions and duties and the situation of conditionally released person. |
Name of the judgement or the probation decision |
Suspended sentence |
Classification of this judgement or the probation decision |
Art 2/2 of FD - suspended sentence |
Legal basis of this judgement or the probation decision |
Provisions 81 - 86 of Act No. 40/2009 Coll., Criminal Code |
Definition of this judgement or the probation decision |
Custodial sentence the execution of which is conditionally suspended together with : |
Legal Conditions of this judgement or the probation decision |
The court may suspend an offender's term of imprisonment when: The court shall fix a probationary period of one up to five years. When the court approves suspension of an offender's term of imprisonment, such suspension does not apply to the other punishments imposed on the offender. |
Type of probation measures |
A) Supervision The supervision means a regular personal contact of an offender with an officer of the Probation and Mediation Service, cooperation in formulation and realisation of the probation programme during the probationary period, and supervising the observance of conditions imposed upon the offender by the court or arising from law. Supervision upon the offender is guided by a probation officer. The aim of supervision is to monitor behaviour of the offender and thereby also to ensure protection of society and to reduce possibility to repeat the criminal activity. It also aims to provide professional guidance and aid to the offender with o view to ensuring that he will lead an orderly life in future If the Court order the supervision of the released person, probation officer will be in a regular personal contact with this released person and the probation program will be formulated for and cooperation with released person. The person upon whom the supervision has been imposed, is obliged: B) Appropriate restrictions or obligations (probation measures) At the same time as ordering the supervision, the court may (but not must) impose on the conditionally released person under sentence also appropriate restrictions or obligations (probation measures) aimed at introducing order into his way of life. The court may impose appropriate restrictions or obligations without ordering the supervision. The Czech law does not provide for any exhaustive list of probation measures which can be imposed by the judge to the sentenced person. Therefore, it is at the sole discretion of the judge to determine any obligation or restriction deemed necessary, depending on the facts of the case submitted. Appropriate restrictions and appropriate duties have the aim to introduce order into perpetrator's life; as a rule the court may impose a duty on the offender to compensate, according to his situation, the damage which he caused by his crime. Example of probation measures are: |
Combination of sanctions or measures |
Combination is possible. Provision of Article 53 of the Criminal Code will be applied in general. If the Criminal Code provides for two or more punishments for a certain crime, each such punishment may be imposed separately, although two or more of them may be imposed in parallel ("concurrently"). In addition to the punishments which this Code stipulates for a particular crime, other punishments as listed in provision 52 of the Criminal Code may be imposed : House arrests, community work, financial penalty, prohibition of enter to sport, cultural and others social events, expulsion and prohibition of stay may be imposed separately, even if the Criminal Code does not stipulate such a punishment. Furthermore, in this case the following combination is possible |
Authority responsible for taking such a decision |
The court |
Authority responsible for supervising |
The supervision and control of probation measures is followed up by Probation and Mediation Service (administrative authority). The probation and mediation services are established by Act No.257/2000 Coll. Probation and Mediation Service Act. The Probation and Mediation Service aims to offer effective and socially beneficial solution of crime-related conflicts and at the same time organizes and provides for efficient and dignified execution of alternative sentences and measures with emphasis on victim interests, community protection and crime prevention. Objectives of the PMS activity: Completing tasks of the Probation and Mediation services in relation to judicial and Police bodies are secured by their offices which are located at the seats of the district courts or made-equal divisional or municipal courts (74 offices + 4 field offices). Cooperation among Probation and Mediation Service and courts, state prosecutors and bodies of the Police of Czech Republic is based on law. Closer cooperation is regulated by particular Cooperation Agreements that specify principles of the case work, the exchange of information aimed at effective control of alternative sanctions. The Probation and Mediation Services proceed, in cooperation with the bodies of the social security, schools and educational facilities, health institutes, churches and religious communities, civil associations, foundations and other institutions pursuing humanitarian goals and cooperates with bodies of socio-legal protection of children and providing inadaptable citizens with social care. |
Authority responsible in case of infringement |
The court has to ascertain whether the probationer complied with the conditions imposed on him during the probationary period before it concludes that he has proved himself. A probationer who does not comply with the conditions of the probationary period has to serve his term of imprisonment. Exceptionally the court may, with regard to the circumstances of the case and the person of the offender, allow the suspended sentence valid, even if the behaviour of the offender was occasion of prescription to execute the punishment, and : |
Name of the judgement or the probation decision |
Conditional Waiver of Punishment Connected with Supervision |
Classification of this judgement or the probation decision |
Art 2/3 of FD - conditional sentence |
Legal basis of this judgement or the probation decision |
Provision 48 of Act No. 40/2009 Coll., Criminal Code |
Definition of this judgement or the probation decision |
Decision by which the court conditionally waives an offender's punishment, if it considers it necessary to follow the offender's conduct for a fixed period. The waiving of punishment is, in fact, a special example of the use of the threat to impose a punishment. The court issues a verdict on finding the offender guilty, but it does not impose any punishment on him. |
Legal Conditions of this judgement or the probation decision |
The court may waive punishment of an offender : The court shall fix a probationary period of up to one year and concurrently order supervision of the offender. |
Type of probation measures |
A) Supervision The supervision means a regular personal contact of an offender with an officer of the Probation and Mediation Service, cooperation in formulation and realisation of the probation programme during the probationary period, and supervising the observance of conditions imposed upon the offender by the court or arising from law. Supervision upon the offender is guided by a probation officer. The aim of supervision is to monitor behaviour of the offender and thereby also to ensure protection of society and to reduce possibility to repeat the criminal activity. It also aims to provide professional guidance and aid to the offender with o view to ensuring that he will lead an orderly life in future If the Court order the supervision of the released person, probation officer will be in a regular personal contact with this released person and the probation program will be formulated for and cooperation with released person. The person upon whom the supervision has been imposed, is obliged: B) Appropriate restrictions or obligations (probation measures) At the same time as ordering the supervision, the court may (but not must) impose on the conditionally released person under sentence also appropriate restrictions or obligations (probation measures) aimed at introducing order into his way of life. The court may impose appropriate restrictions or obligations without ordering the supervision. The Czech law does not provide for any exhaustive list of probation measures which can be imposed by the judge to the sentenced person. Therefore, it is at the sole discretion of the judge to determine any obligation or restriction deemed necessary, depending on the facts of the case submitted. Appropriate restrictions and appropriate duties have the aim to introduce order into perpetrator's life; as a rule the court may impose a duty on the offender to compensate, according to his situation, the damage which he caused by his crime. Example of probation measures are: |
Combination of sanctions or measures |
In this case the following combination is possible - combination of different types ofappropriate restrictions or obligations (probation measures) - combination of supervision and imposition of appropriate restrictions or obligations ( probation measures). |
Authority responsible for taking such a decision |
The court |
Authority responsible for supervising |
The supervision and control of probation measures is followed up by Probation and Mediation Service (administrative authority). The probation and mediation services are established by Act No.257/2000 Coll. Probation and Mediation Service Act. The Probation and Mediation Service aims to offer effective and socially beneficial solution of crime-related conflicts and at the same time organizes and provides for efficient and dignified execution of alternative sentences and measures with emphasis on victim interests, community protection and crime prevention. Objectives of the PMS activity: Completing tasks of the Probation and Mediation services in relation to judicial and Police bodies are secured by their offices which are located at the seats of the district courts or made-equal divisional or municipal courts (74 offices + 4 field offices). Cooperation among Probation and Mediation Service and courts, state prosecutors and bodies of the Police of Czech Republic is based on law. Closer cooperation is regulated by particular Cooperation Agreements that specify principles of the case work, the exchange of information aimed at effective control of alternative sanctions. The Probation and Mediation Services proceed, in cooperation with the bodies of the social security, schools and educational facilities, health institutes, churches and religious communities, civil associations, foundations and other institutions pursuing humanitarian goals and cooperates with bodies of socio-legal protection of children and providing inadaptable citizens with social care. |
Authority responsible in case of infringement |
The court If an offender whose punishment has been conditionally waived leads an orderly life during the probationary period and complies with the imposed conditions, the court shall proclaim that he has met the conditions; otherwise, the court shall decide to impose on him the punishment, even during the probationary period. |
Name of the judgement or the probation decision |
House arrest penalty |
Classification of this judgement or the probation decision |
Art 2/4 of FD - alternative sanction |
Legal basis of this judgement or the probation decision |
Provision 60 - 61 of Act No. 40/2009 Coll., Criminal Code |
Definition of this judgement or the probation decision |
Sentenced person is confined by the court to his or her residence during specified time ( if it is not specified by the court than during working days from 20.00 p.m to 05.00 a.m.; during non working days - all the day). |
Legal Conditions of this judgement or the probation decision |
The court may order house arrest penalty up to two years if the offender has committed a misdemeanour and if, because of the nature and seriousness of the committed misdemeanour and personality of the offender, it is possible to suppose that this penalty is sufficient (eventually in addition to another sanction), and if the offender gives written promise to stay at his or her residence and to provide help during the supervision. The court may order house arrest penalty as an independent (sole) punishment if, because of the nature of the committed misdemeanour and the possibility of rehabilitating the offender, imposition of another punishment is not necessary for achievement of the purpose of sentence. When imposing house arrest penalty, the court shall determine the alternative punishment (prison sentence) up to one year in case that offender does not comply with the imposed conditions. |
Type of probation measures |
Alternative sanction set out in Article 4 letter d). The court may concurrently impose on the offender, for the duration of the house arrest penalty, sufficient restrictions and duties with the aim to introduce order into his life; as a rule, the offender is also ordered to compensate damage caused by his misdemeanour. Appropriate restrictions or obligations (probation measures) At the same time as ordering the supervision, the court may (but not must) impose on the conditionally released person under sentence also appropriate restrictions or obligations (probation measures) aimed at introducing order into his way of life. The court may impose appropriate restrictions or obligations without ordering the supervision. The Czech law does not provide for any exhaustive list of probation measures which can be imposed by the judge to the sentenced person. Therefore, it is at the sole discretion of the judge to determine any obligation or restriction deemed necessary, depending on the facts of the case submitted. Appropriate restrictions and appropriate duties have the aim to introduce order into perpetrator's life; as a rule the court may impose a duty on the offender to compensate, according to his situation, the damage which he caused by his crime. Example of probation measures are: |
Combination of sanctions or measures |
Combination is possible. Provision of Article 53 of the Criminal Code will be applied in general. If the Criminal Code provides for two or more punishments for a certain crime, each such punishment may be imposed separately, although two or more of them may be imposed in parallel ("concurrently"). In addition to the punishments which this Code stipulates for a particular crime, other punishments as listed in provision 52 of the Criminal Code may be imposed : House arrests may be imposed separately, even if the Criminal Code does not stipulate such a punishment. Furthermore, in this case the following combination is possible : |
Authority responsible for taking such a decision |
The court |
Authority responsible for supervising |
The supervision and control of probation measures is followed up by Probation and Mediation Service (administrative authority). The probation and mediation services are established by Act No.257/2000 Coll. Probation and Mediation Service Act. The Probation and Mediation Service aims to offer effective and socially beneficial solution of crime-related conflicts and at the same time organizes and provides for efficient and dignified execution of alternative sentences and measures with emphasis on victim interests, community protection and crime prevention. Objectives of the PMS activity: Completing tasks of the Probation and Mediation services in relation to judicial and Police bodies are secured by their offices which are located at the seats of the district courts or made-equal divisional or municipal courts (74 offices + 4 field offices). Cooperation among Probation and Mediation Service and courts, state prosecutors and bodies of the Police of Czech Republic is based on law. Closer cooperation is regulated by particular Cooperation Agreements that specify principles of the case work, the exchange of information aimed at effective control of alternative sanctions. The Probation and Mediation Services proceed, in cooperation with the bodies of the social security, schools and educational facilities, health institutes, churches and religious communities, civil associations, foundations and other institutions pursuing humanitarian goals and cooperates with bodies of socio-legal protection of children and providing inadaptable citizens with social care. Concept of House Arrest (Home Detention) was implemented as a new alternative sanction into the New Criminal Code of the Czech Republic with effect from 1st of January 2010. Electronic Monitoring as instrument of control of this alternative sanction is expected to come into the practice in frame of the year 2012. Till than, Home Detention is supervised by the means of unexpected curfew - provided by probation officer´s personally visiting offender at his/her home. |
Authority responsible in case of infringement |
The court In case that offender does not comply with the imposed conditions, the court shall decide to impose on him the punishment. |
Name of the judgement or the probation decision |
Community work |
Classification of this judgement or the probation decision |
Art 2/4 of FD - alternative sanction |
Legal basis of this judgement or the probation decision |
Provision 62 - 65 of Act No. 40/2009 Coll., Criminal Code |
Definition of this judgement or the probation decision |
An obligation to carry out community service such as maintenance of public areas, cleaning and maintaining public buildings and streets (roads), and other similar work to the benefit of the communities, to the benefit of the state or the other publicly beneficial institutions, which deal with teaching and science, culture, education, protection of health, fire prevention, protection of environment, promotion and protection of juveniles, protection of animals, humanitarian, social, charity, religious, gym or sports activities. The work must not be instrumental to gainful purposes. |
Legal Conditions of this judgement or the probation decision |
The court may order community work : A community work sentence may be imposed of from 50 to 300 hours |
Type of probation measures |
Alternative sanction set out in Article 4 letter i). The court may concurrently impose on the offender, for the duration of the punishment, sufficient restrictions and duties in aimed at introducing order into his life; as a rule, the offender is also ordered to compensate damage caused by his misdemeanour. Appropriate restrictions or obligations (probation measures) see the point above |
Combination of sanctions or measures |
Combination is possible. Provision of Article 53 of the Criminal Code will be applied in general. If the Criminal Code provides for two or more punishments for a certain crime, each such punishment may be imposed separately, although two or more of them may be imposed in parallel ("concurrently"). In addition to the punishments which this Code stipulates for a particular crime, other punishments as listed in provision 52 of the Criminal Code may be imposed. House arrest may not be imposed concurrently with prison sentence and community work, community work may not be imposed concurrently with prison sentence, financial penalty may not be imposed concurrently with forfeiture of property and prohibition of stay may not be imposed concurrently with expulsion. Community work may be imposed separately, even if the Criminal Code does not stipulate such a punishment. Furthermore, in this case the following combination is possible : |
Authority responsible for taking such a decision |
The Court |
Authority responsible for supervising |
The supervision of probation measures is followed up by Probation and Mediation Service (administrative authority) The supervision and control of probation measures is followed up by Probation and Mediation Service (administrative authority). The probation and mediation services are established by Act No.257/2000 Coll. Probation and Mediation Service Act. The Probation and Mediation Service aims to offer effective and socially beneficial solution of crime-related conflicts and at the same time organizes and provides for efficient and dignified execution of alternative sentences and measures with emphasis on victim interests, community protection and crime prevention. Objectives of the PMS activity: Completing tasks of the Probation and Mediation services in relation to judicial and Police bodies are secured by their offices which are located at the seats of the district courts or made-equal divisional or municipal courts (74 offices + 4 field offices). Cooperation among Probation and Mediation Service and courts, state prosecutors and bodies of the Police of Czech Republic is based on law. Closer cooperation is regulated by particular Cooperation Agreements that specify principles of the case work, the exchange of information aimed at effective control of alternative sanctions. The Probation and Mediation Services proceed, in cooperation with the bodies of the social security, schools and educational facilities, health institutes, churches and religious communities, civil associations, foundations and other institutions pursuing humanitarian goals and cooperates with bodies of socio-legal protection of children and providing inadaptable citizens with social care. |
Authority responsible in case of infringement |
The Court shall change the punishment from community work, or its remaining part, to a term of imprisonment, and it shall concurrently decide on the manner of the offender's imprisonment; thereby, every one (even just commenced) hour of unperformed community work shall be counted as one day of imprisonment. Exceptionally the court may decide to remain community work or to prolong the time to execute it (max. 6 month). In this case, the court may concurrently impose on the offender, for the duration of the punishment, sufficient restrictions and duties and decide about the supervision of the offender. |
Name of the judgement or the probation decision |
Prohibition of stay |
Classification of this judgement or the probation decision |
Art 2/4 of FD - alternative sanction |
Legal basis of this judgement or the probation decision |
Provision 75 of Act No.40/2009 Coll., Criminal Code |
Definition of this judgement or the probation decision |
Obligation not to stay in a determined place or district. If the offender needs to stay in such a place for personal reasons, he must obtain authorisation (permission) thereto. The prohibition of stay may not involve the place or district where the offender has his permanent residential address. |
Legal Conditions of this judgement or the probation decision |
The court may order a prohibition of stay as punishment : |
Type of probation measures |
Prohibition of stay is an alternative sanction set out in Article 4 letter b). The court may impose on the offender on the same time, under sentence appropriate restrictions aimed at introducing order into his way of life. Appropriate restrictions or obligations (probation measures) The supervision means a regular personal contact of an offender with an officer of the Probation and Mediation Service, cooperation in formulation and realisation of the probation programme during the probationary period, and supervising the observance of conditions imposed upon the offender by the court or arising from law. Supervision upon the offender is guided by a probation officer. The aim of supervision is to monitor behaviour of the offender and thereby also to ensure protection of society and to reduce possibility to repeat the criminal activity. It also aims to provide professional guidance and aid to the offender with a view to ensuring that he will lead an orderly life in future. If the Court orders the supervision of the released person, probation officer will be in a regular personal contact with this released person and the probation program will be formulated for and in cooperation with released person. The person upon whom the supervision has been imposed, is obliged: |
Combination of sanctions or measures |
Combination is possible. Article 53 of the Criminal Code will be applied in general. If the Criminal Code provides for two or more punishments for a certain crime, each such punishment may be imposed separately, although two or more of them may be imposed in parallel ("concurrently"). In addition to the punishments which this Code stipulates for a particular crime, other punishments as listed in Article 52 of the Criminal Code may be imposed. Prohibition of stay may not be imposed concurrently with expulsion. Prohibition of stay may be imposed separately, even if the Criminal Code does not stipulate such a punishment. Furthermore, in this case the following combination is possible : |
Authority responsible for taking such a decision |
The court |
Authority responsible for supervising |
The court informs each municipality in which territory the stay of sentenced person was prohibited as well competent Police headquarters and asks for concurring in the execution of this sanction. The supervision of probation measures is followed up by Probation and Mediation Service (administrative authority) The probation and mediation services are established by Act No.257/2000 Coll. Probation and Mediation Service Act. The Probation and Mediation Service aims to offer effective and socially beneficial solution of crime-related conflicts and at the same time organizes and provides for efficient and dignified execution of alternative sentences and measures with emphasis on victim interests, community protection and crime prevention. Objectives of the PMS activity: Completing tasks of the Probation and Mediation services in relation to judicial and Police bodies are secured by their offices which are located at the seats of the district courts or made-equal divisional or municipal courts (74 offices + 4 field offices). Cooperation among Probation and Mediation Service and courts, state prosecutors and bodies of the Police of Czech Republic is based on law. Closer cooperation is regulated by particular Cooperation Agreements that specify principles of the case work, the exchange of information aimed at effective control of alternative sanctions. The Probation and Mediation Services proceed, in cooperation with the bodies of the social security, schools and educational facilities, health institutes, churches and religious communities, civil associations, foundations and other institutions pursuing humanitarian goals and cooperates with bodies of socio-legal protection of children and providing inadaptable citizens with social care. |
Authority responsible in case of infringement |
The court Provision 337 of Act No. 40/2009 Coll., Criminal Code protects the interest of society in ensuring that there is proper compliance with decisions (verdicts) of courts and other state organs. Whoever frustrates or substantially obstructs execution of a decision of a court or another state organ by staying without permission and a serious reason in a place or district from which he has been prohibited, or by not complying with a restriction imposed on him in connection with his sentence shall be punished by imprisonment for a term of up to three years. |
Name of the judgement or the probation decision |
Protective therapy. |
Classification of this judgement or the probation decision |
Art 2/4 of FD - alternative sanction |
Legal basis of this judgement or the probation decision |
Provision 99 of Act No. 40/2009 Coll., Criminal Code |
Definition of this judgement or the probation decision |
The obligation to undergo the therapeutic treatment in compliance with the orders of professionals from medical/therapeutic institution (obligation to attend therapy periodically in definite time). The person is at the same time at liberty. |
Legal Conditions of this judgement or the probation decision |
A court shall order protective therapy in the cases laid down in provisions 40 (2) and 47(1) of the Criminal Code, or if an offender is not criminally liable because of insanity and it would be dangerous if he remained at large. Article 40 (2) : The court may lower imposing punishment under legal limit if the offender does not have induced himself into the state of diminished sanity, even through negligence, by taking addictive substance and if the court is of the opinion that regarding to offender´s medical state even lower punishment will ensure offender ´s rehabilitation; the court concurrently orders the protective treatment. Article 47(1) : The court may also withhold from imposing punishment on an offender if he committed a criminal offence in state (condition) of diminished sanity, and the court is of the opinion that the protective treatment which it concurrently orders will ensure offender ´s rehabilitation and protection of society more effectively than punishment. However, this provision shall not be applied if the offender has induced himself into the state of diminished sanity, even through negligence, by taking and addictive substance. The court may also order protective therapy : Protective therapy (treatment) shall continue as long as its purpose requires, not longer that two years (extension even repeated of this period is possible, always for two years maximum). The termination of the protective therapy shall be ordered by the court. |
Type of probation measures |
Alternative sanction set out in Article 4 letter k) The court may impose on the offender on the same time, under sentence appropriate restrictions aimed at introducing order into his way of life. Appropriate restrictions or obligations (probation measures) The supervision means a regular personal contact of an offender with an officer of the Probation and Mediation Service, cooperation in formulation and realisation of the probation programme during the probationary period, and supervising the observance of conditions imposed upon the offender by the court or arising from law. Supervision upon the offender is guided by a probation officer. The aim of supervision is to monitor behaviour of the offender and thereby also to ensure protection of society and to reduce possibility to repeat the criminal activity. It also aims to provide professional guidance and aid to the offender with a view to ensuring that he will lead an orderly life in future. If the Court orders the supervision of the released person, probation officer will be in a regular personal contact with this released person and the probation program will be formulated for and in cooperation with released person. The person upon whom the supervision has been imposed, is obliged: Supervision The supervision means a regular personal contact of an offender with an officer of the Probation and Mediation Service, cooperation in formulation and realisation of the probation programme during the probationary period, and supervising the observance of conditions imposed upon the offender by the court or arising from law. Supervision upon the offender is guided by a probation officer. The aim of supervision is to monitor behaviour of the offender and thereby also to ensure protection of society and to reduce possibility to repeat the criminal activity. It also aims to provide professional guidance and aid to the offender with o view to ensuring that he will lead an orderly life in future If the Court order the supervision of the released person, probation officer will be in a regular personal contact with this released person and the probation program will be formulated for and cooperation with released person. The person upon whom the supervision has been imposed, is obliged: |
Combination of sanctions or measures |
The court may order protective therapy in addition to a punishment, or when it waives such punishment. In this case the following combination is possible - combination of different types ofappropriate restrictions or obligations (probation measures) - combination of supervision and imposition of appropriate restrictions or obligations ( probation measures) |
Authority responsible for taking such a decision |
The court |
Authority responsible for supervising |
The medical/therapeutic institution The supervision of probation measures is followed up by Probation and Mediation Service (administrative authority The probation and mediation services are established by Act No.257/2000 Coll. Probation and Mediation Service Act. The Probation and Mediation Service aims to offer effective and socially beneficial solution of crime-related conflicts and at the same time organizes and provides for efficient and dignified execution of alternative sentences and measures with emphasis on victim interests, community protection and crime prevention. Objectives of the PMS activity: Completing tasks of the Probation and Mediation services in relation to judicial and Police bodies are secured by their offices which are located at the seats of the district courts or made-equal divisional or municipal courts (74 offices + 4 field offices). Cooperation among Probation and Mediation Service and courts, state prosecutors and bodies of the Police of Czech Republic is based on law. Closer cooperation is regulated by particular Cooperation Agreements that specify principles of the case work, the exchange of information aimed at effective control of alternative sanctions. The Probation and Mediation Services proceed, in cooperation with the bodies of the social security, schools and educational facilities, health institutes, churches and religious communities, civil associations, foundations and other institutions pursuing humanitarian goals and cooperates with bodies of socio-legal protection of children and providing inadaptable citizens with social care. |
Authority responsible in case of infringement |
The court Provision 337 of Act No. 40/2009 Coll., Criminal Code protects the interest of society in ensuring that there is proper compliance with decisions (verdicts) of courts and other state organs. Whoever frustrates or substantially obstructs execution of a decision of a court or another state organ by entering the events covered by Prohibition of enter to sport, cultural and others social events or by committing an act which frustrates the purpose of this penalty shall be punished by imprisonment for a term of up to three years. |
Name of the judgement or the probation decision |
Prohibition of a Specific Activity |
Classification of this judgement or the probation decision |
Art 2/4 of FD - alternative sanction |
Legal basis of this judgement or the probation decision |
Provisions 73 and 74 of Act No. 40/2009 Coll., Criminal Code |
Definition of this judgement or the probation decision |
The decision by which offender is sentenced to prohibition of a specific activity. This punishment is ordered in order to temporarily prohibit the offender from exercising a specific profession, office or activity which requires a special authorisation or licence. |
Legal Conditions of this judgement or the probation decision |
A court may order a prohibition of a specific activity : |
Type of probation measures |
Alternative sanction set out in Article 4 letter d) |
Combination of sanctions or measures |
Combination is possible. Article 53 of the Criminal Code will be applied in general. If the Criminal Code provides for two or more punishments for a certain crime, each such punishment may be imposed separately, although two or more of them may be imposed in parallel ("concurrently"). In addition to the punishments which this Code stipulates for a particular crime, other punishments as listed in Article 52 of the Criminal Code may be imposed. House arrest may not be imposed concurrently with prison sentence and community work, community work may not be imposed concurrently with prison sentence, financial penalty may not be imposed concurrently with forfeiture of property and prohibition of stay may not be imposed concurrently with expulsion. |
Authority responsible for taking such a decision |
The court |
Authority responsible for supervising |
The court The competent Police headquarters |
Authority responsible in case of infringement |
The court Provision 337 of Act No. 40/2009 Coll., Criminal Code protects the interest of society in ensuring that there is proper compliance with decisions (verdicts) of courts and other state organs. Whoever frustrates or substantially obstructs execution of a decision of a court or another state organ by performing an activity which he has been prohibited from carrying on shall be punished by imprisonment for a term of up to three years. |
In Article 4 of the Framework Decision types of probation measures and alternative sanctions are stated. Member States are asked to describe the probation measures and alternative sanctions attached to those judgements and probation decisions:
If yes, please define them and provide a description for each of them.
Other probation measures/alternative sanctions existing in your domestic law |
Explanation |
Please indicate the additional probation measures and alternative sanctions provided for in your domestic law |
Appropriate restrictions or obligations (probation measures) Therefore, it is at the sole discretion of the judge to determine any obligation or restriction deemed necessary, depending on the facts of the case submitted. Appropriate restrictions and appropriate duties have to aim to introducing order into perpetrator's life; as a rule the court may impose a duty on the offender to compensate, according to his situation, the damage which he caused by his crime. Example of probation measures are: |
No
No
Yes, concept of House Arrest can involve Electronic Monitoring. The electronic monitoring is not implemented into Czech practice yet. New criminal code with effect from January 1 st 2010 has comprised the possibility of using new sentence - home arrest, but if it´s happened, the control of execution is up to Probation and Mediation Service. It means, that the execution of home arrest has be provided by probation officer´s personally visiting offender at his/her home.
Member States are invited to sum up the documents that the national competent authorities need in order to take at national level a judgement and, where applicable, a probation decision (e.g. criminal record, social inquiries, medical expertise).
In criminal prosecution it is necessary to prove necessary extent particularly whether the fact, in which a crime is seen, was committed, whether the fact was committed by the charged person, and for which inducement, respectively, substantial circumstances affecting the consideration of dangerousness of the crime, substantial circumstances for consideration of personal conditions of the offender, substantial circumstances enabling to determine the consequence and amount of damage caused by the crime, any circumstance that resulted in criminal activity or allowed for committing it.
Anything that may contribute to clarification of the matter may serve as the evidence, especially the testimonies of the charged person and witnesses, expert opinions, things and written instruments important for the criminal proceedings and examination. Each of the parties may find, submit or lodge a motion to execute the evidence. The fact that the evidence has not been found or requested by any authority responsible for criminal proceedings is no reason for refusal of such evidence.