Minister of Public Administration and Justice

8/13/2019 Minister of Public Administration and Justice

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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

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 )*+,


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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 prior to the adoption of a court rulin/ on ta@eover the temporary enforcement ofimprisonment imposed by a forei/n court, and

d) the e0ecution of postchar/e noncriminal detention and postchar/e noncriminal detention

served instead of a fine, an onthespot fine or a community service *hereinafter collectively

referred to as 7postchar/e noncriminal detention8, as defined in Act II of 26+2 on Infrin/ements,

%ostChar/e NonCriminal etention and the &e/istration of Infrin/ement %roceedin/s.

Definitions

A!tic(e ,

For the purposes of this Act, the folloin/ terms shall have the folloin/ meanin/B

a) la enforcement caseB a proceedin/ underta@en by a court, an or/anisation responsible for

e0ecution or a person vested ith decisionma@in/ poers in a /iven case in relation to the

e0ecution of a punishment, measure, courtordered supervision, imprisonment served instead of a

fine or postchar/e noncriminal detention e0cludin/ the proceedin/s specified in #itle II of

Chapter ::I: of the Code of Criminal %rocedure , 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 courtordered

supervision, persons obli/ed to serve imprisonment instead of a fine, and convicts sentenced to

postchar/e noncriminal detention,

c) electronic monitorB a closedsystem 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 in a printed or electronic format 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/ courtordered supervision, hich includes the -ud/es prescription of the

e0ecution of a punishment, measure or courtordered supervision includin/ deprivation of liberty, orrelease,

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, layer 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 poer 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,


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h) contact personB the person entitled to @eep contact ith the convict or the person detained on

other /rounds, based on a permit,

i)courtordered supervisionB supervision entailin/ deprivation of liberty and ordered by a court in

criminal proceedin/s, in the frameor@ 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 calls9k) therapeutic activityB a form of reinte/ration activity in hich primarily persons in involuntary

commitment, temporary involuntary commitment, or classified into a therapeuticreinte/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 frameor@ of a la enforcement le/al

relationship,

l)defendin/ counselB the defendin/ counsel defined in the Code of Criminal %rocedure, and the

layer 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 postchar/e noncriminal detention ith the e0ceptions

defined in )ection *2 may be e0ecuted only on the basis of the final and bindin/ decision of a

court, in the manner determined by la. Courtordered supervision ith the e0ception of remand

, 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 ith the e0ception of detention

courtordered 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. %ost

char/e noncriminal 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 courtordered supervision has been e0ecuted, or a court

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 courtordered supervision, postchar/e non

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 asspecified in the sentence or in other decisions, ith the contents and for the period specified therein.


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*2 #he state shall e0ecute the punishment, measure, courtordered supervision or postchar/e

noncriminal 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 shallalso be involved in e0ecution.

*3 ?ithin the statutory frameor@, the or/anisation responsible for e0ecution shall co

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

cooperation.

udicial oversight

A!tic(e 2

#he prosecutor e0ercises -udicial oversi/ht over the e0ecution of the punishments, measures,

courtordered supervision and the postchar/e noncriminal 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, courtordered supervision, custody served instead of a fine and post

char/e noncriminal detention includin/ the preparations and measures ta@en in the interest of

e0ecution beteen 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 courtordered supervision shall tolerate the e0ecution of the courtordered

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 ininvoluntary 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


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obli/ated to custody instead of a fine or to postchar/e noncriminal 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 cooperate

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 cooperate or provide the information, the

-ud/e overseein/ la enforcement may impose a fine on the convict.

*3 Convicts resident in un/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 @non, 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/anisationresponsible 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 +=+ *+*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 ith the

limitations or prohibitions defined in the la, the sentence of the court and other decisions of the

court and the prosecution service 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. 'therise, 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,

courtordered supervision, the custody served instead of a fine and postchar/e noncriminal

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


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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 in compliance ith the rules of the or/anisation carryin/ out the

detention personally, ithout control.

*3 If the convict and the person detained on other /rounds are not un/arian citi1ens, theyare 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 in

compliance ith the rules of the or/anisation carryin/ out the detention personally, under control.

If the representation is carried out by a layer, 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 beteen 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 uman &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.

*


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#he provision of the information accordin/ to )ections *2 and *3 and its acceptance shallbe 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 to itnesses, in ritin/.

(rotection of the victims 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 convictsfinal 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


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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 onemonth before the release or release or, if an interruption is alloed, immediately 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 @non 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 ith thee0ception defined in )ection *2 hereof 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 folloin/ orderB in a penitentiary, in a correctional institution, and in

a prison. uveniles shall serve their sentences firs in correctional institutions, then in prison

folloed 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 otherise 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 courtordered supervision shall interrupt custody,

community service or correction in a youn/ offender institution. Correction in a youn/ offender

institution shall interrupt postchar/e detention or community service. %ostchar/e detention shall

interrupt community service.

*= #he e0ecution of a punishment or measure involvin/ deprivation of liberty and the

enforcement of courtordered supervision shall interrupt postchar/e noncriminal detention.

*D Up to the removal of the condition that has caused interruption of the punishment, the

measure or the postchar/e noncriminal 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 postchar/e noncriminal detention, and its last day shall be

determined in a calendar day.


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*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 postchar/e noncriminal 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 postchar/e noncriminal

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 -usticeand the minister in char/e of la enforcement may submit a re5uest sub-ect to the provisions of

Article D+ *+*> 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 +=+ *+*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


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*+ In order to identify the hereabouts of a convict or person under involuntary commitment

stayin/ at an un@non place,

a)Article D3 of the Code of Criminal %rocedure

b)Article 2> *+ and *2 of Act C$::: of 26+2, andc)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 Article D3 *2

of the Code of Criminal %rocedureH.

*3 If the measure ta@en to find the convict or the person under involuntary commitment, orthe 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 even if

the location of the or@ has not been determined yet , 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 unlafully failed to return,

e) as a person in involuntary commitment or ith mental impairment, has left I/a1s/J/yi

!e/fi/yelK Ls "lme/yM/ytM 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 otherise 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 actse0 officio unless stipulated otherise by this Act , the action shall be ta@en or the decision shall


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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 there5uest as specified in )ection *+ 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 *+*3, in the

procedure defined there.

*> #he decision made by the commander of the la enforcement institution, the commander

inchief of the un/arian %rison )ervice, the minister supervisin/ la enforcement, as ell as the

director of the secure trainin/ centre unless the la allos an e0ception shall be enforceable.

*= A/ainst the action ta@en or decision made pursuant to )ections *+*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 otherise. 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 commonla 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.

*


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*+ 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 /ivenname, 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 unless this Act stipulates otherise 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 commonla spouse of theperson under involuntary commitment.


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+4

*2 #he re5uest for the -udicial revie unless this Act stipulates otherise 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 unless this Act stipulates otherise 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 thedecision 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 folloin/ the e0piry of the deadline,

b) the re5uest for the -udicial revie as ithdran9 the decision can be e0ecuted on the day of the

ithdraal,

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

postchar/e noncriminal detention, and durin/ the enforcement of the courtordered supervision

may be revieed 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 commonla 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 alloed 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 documentsservin/ the basis of the classification of the convicts into /roups and of their motivation security


15/185


+>

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$UING #" ":"CU#I'N 'F %UNI)!"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 follosB

a) in the case of imprisonment of fifteen years or a more serious punishment after 26 years,

b) in the case of imprisonment of ten years or lon/er after fifteen years,

c) in the case of imprisonment of five years or lon/er after ten years,

d) in the case of imprisonment of less than five years 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 e0pulsionand ban from participation in public affairs are as follosB


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+=

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 folloin/ 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

. *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 restarts 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 poer 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 none0ecuted punishment or measure only. From the aspect of

pardonin/, the e0pulsion is not considered e0ecuted as lon/ as its term is not over.


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+D

*3 If the party e0ercisin/ the poer of /rantin/ a pardon /rants a pardon to the convict, the

criminal conse5uences Article ;< *3 of the Criminal CodeH in the lac@ of other provisions 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 commenceon 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'U AN #" %&')"CU#'& IN #" ":"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 unless stipulated otherise by this Act 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 reviein/ 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 courtordered

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 courtordered supervision is terminated, if the defendant

is not collected, the chairman of the council shall immediately ta@e steps in the or/anisationcarryin/ out the custody to release the person.


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+ *> 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 beensuspended 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 affectin/ the e0ecution 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 thee0ecution of the punishment or the measure ith the e0ception of the pardon , 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 ith

the e0ception of punishments and measures of property nature 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 alloed, 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

folloin/ 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 if these documents

are available to the court 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 forarded 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


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26

*+ 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 prechar/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 until they enter the la enforcement institution

if, considerin/ the nature of the offence, the imposed imprisonment and the personal and family

conditions of the convict especially their medical condition or old a/e 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

alloed a postponement for the commencement of the e0ecution of the imprisonment for a term

over to 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@non 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 theenforceability of the punishment is terminated.


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2+

* 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. Ifthe child is finally or permanently removed from the convicts care, the e0ecution of the

imprisonment as soon as the omans health condition allos that after the birth 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 un/arian %rison

)ervice.

*= In the case of conditions defined in )ections *+*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 punishmentaccordin/ to Article >;< *2 of the Code of Criminal %rocedure, the court shall suspend the decision


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22

on the re5uest for postponement as lon/ as the postponement or interruption accordin/ to Article

>;< *2 of the Code of Criminal %rocedure e0ists.

* 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 as soon as the omans health condition allos that after the birth 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 un/arian %rison

)ervice.

*= In the case of conditions defined in )ections *+*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/.


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23

*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 definedin )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 ithout

re5uest, e0 officio in the case of a convict ho

a)is pre/nant over the +2th ee@, ma0imum until the end of the +2th month folloin/ 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 if possible 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 allos it,

b)the disbursement of the childcare fee, childcare alloance 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.

*


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24

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 timethe convict ill fulfil their payment obli/ation on time, the court may allo deferral by ma0imum

three months or payment in instalments ithin to years.

*2 #he deferral of the payment of a fine may be prolon/ed for /ood reasons once for a

ma0imum of three months.

*3 %ayment in instalments may be alloed 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

alloed.

(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 alloed.

(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


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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

considerin/ Article 3; *4 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 e0 officio or on re5uest may be submitted for a punishmentthat 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 ustice 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 ustice.

A!tic(e 02

*+ urin/ the preparation of the proposal, the !inister of ustice ith suspensory effect on

the start of the e0ecution of the punishment may order medical e0amination of the convict in the

Central ospital of the un/arian %rison )ervice *hereinafter 7Central ospital8 or in the Forensic

!onitorin/ and !ental ealth 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 ustice 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.


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2=

*3 #he !inister of ustice 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 ustice 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 accordin/ to the order defined by the statutes

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 includin/ imprisonment pursuant to Articles =>

and =D , community service or correction in a youn/ offender institution, the -ud/e overseein/ la

enforcement before the measures pursuant to )ection *+ and accordin/ to the provisions of a

separate statute 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 prechar/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 parolefrom imprisonment or on the temporary dischar/e from the secure trainin/ centre.


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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 thedecision about the authorisation of postponement.

*2 If the court that acted in the criminal case has sent a re5uest for @eepin/ the enforcement

suspended accordin/ to Article 44 *= herein 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 if the convict does not sho up in the la enforcement institution on the set

day 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 forard the re5uest for interruptin/ the enforcement.

*3 #he -ud/e overseein/ la enforcement pursuant to Article 3; may authorise thepostponement 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 theenforcement is optional,

c)unless stipulated otherise by this Act, they set the date for the hearin/ to a date ithin fifteen

days of receivin/ the motion, or in the case of an e0 officio proceedin/ ithin fifteen days of

becomin/ aare 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,


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2 #he convicts mental status shall be e0amined semiannually. 'n the basis of a favourablechan/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


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32

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.

*


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33

enforcement institution, before the possible date of the release on parole unless the convict has

already spent enou/h time in prechar/e detention that the due date has already come after the

hearin/ of the convict.

*2 Eefore the decision is made, the -ud/e overseein/ la enforcement provided that the

time available until the possible date of the release on parole is at least to months may order thecollection 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 to 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*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*3 of the Criminal

Code.

*= If the -ud/e overseein/ la enforcement did not release the convict on parole, they may

ree0amine 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 forard the re5uest ith its evaluatin/ opinion and proposal 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.

*


34/185


34

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 alloance ofparole 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, thecost 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 monthsfrom the date of the order on the omission of the release on parole.


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3>

*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 theconvict 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, folloin/ 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 ofcommunity service e0 officio, or in response to the proposal submitted by the probation officer

provided that the reasons determined under Article 2


36/185


3=

A!tic(e 21

*+ Ey reason of a refusal or nonperformance 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 Article 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 thedocuments provided that the conditions set forth under Article >+ of the Criminal Code *Criminal

Code are fulfilled.


37/185


3D

*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. Article No appeal may be submitted a/ainst the rulin/ made pursuant to )ections *+ and *2hereof 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 e0officio. If the proceedin/ is

initiated on the re5uest of the convict directly submitted to the court, the -ud/e overseein/ laenforcement 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 to 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/eoverseein/ la enforcement may omit the hearin/ of the convict.


38/185


3 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 to

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.

*


39/185

As the Government has not yet discussed this motion, it cannot be considered as the G

Minister of Public Administration and Justice

Documents

Transcript of Minister of Public Administration and Justice