StatutEs

of the Probation andMediationService of the Czech Republic

The ministryof justiceissuedinaccordance with article 3, paragraph 6; article 6,paragraph5; and article 15,paragraph3of ActNo.257/2000Coll. on theProbationandMediationServiceand on amendment ofActNo. 2/1969 Coll.on EstablishingMinistries and Other Central Bodies of the State Administration of the Czech Republic,asamended,ActNo. 65/1965Coll., theLabour Code,asamended,andActNo.359/1999Coll.onSocial-LegalProtection of Children (theProbationandMediationService Act),the Statute ofthe ProbationandMediationService.

Section I

The StatusandOperation of theProbation and Mediation Service

1.The ProbationandMediationServicewasestablishedpursuant to theProbationand MediationService Act.

2.The ProbationandMediationServiceperforms tasks in criminalproceedingsandexercises powersas definedin theCriminalCode,the Criminal Code of Procedure, andtheProbationandMediationService Act,orin other laws.

Section II

OrganizationandManagement ofthe ProbationandMediationService

Article 1

Organization of theProbation and Mediation Service

1.TheProbation and Mediation Service isheaded bythe director, who acts on itsbehalf. The directoris appointed and removed by the ministerof justice.

2.TheProbation and Mediation Serviceisdividedinto thedirectorateandofficeslocated at the seats of thedistrictcourtsor made-equalcourts(hereinafterreferred to as “districtcourts”).

Article 2

The Director

1.The directormanages,organizesandsupervises activities ofthe Probationand Mediation Service, and is accountable to theminister of justice.

2.The directormayauthorizethedeputiesto manage certainsectors ofactivities.The director authorizes one of the deputies to represent him/herin thefullscope of rightsandresponsibilitiesat the time ofhis/herabsence.

3.The directorisempowered by theministerof justiceto authorize theregional manager to manage and coordinateactivitiesof officesin theregion in question (the court region).

4.Followingconsultationwith therelevantregionalmanager, the director mayput forward to the Minister ofJusticemergerordivision ofofficesinthe municipalitiesthatareseats oftwoormoredistrictcourts.

5.On theproposal of the headof the officeandin consultationwith theregionalmanager, thedirectordecidesonthe internalstructureof the office.

6.The director issues internal regulations to ensure activities of the Probation and Mediation Service.

7.The director cooperates with the Council for Probation and Mediation.

8.The director puts forward for approval to the minister of justice the “Study Programme of Education of the Probation and Mediation Service Officers and Assistants”.

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Article 3

The Directorate

1.The directorate of the Probation and Mediation Service

  1. ensures theoperation ofthe ProbationandMediationService in terms of economic, material,financial, personnel, and organizational matters,
  2. manages andorganizes its owneducational,informational,conceptual,methodologicalandanalytical activities,
  3. develops internationalcooperationwithinstitutionsoperating in the fields ofprobationandmediation,socialworkincriminaljustice, and socialservices,
  4. investigatescomplaints about thedischarge of the function of regional manager, or,if the complaint's content isdisagreementwiththe waythe complaint in the samematter was dealt with by regionalmanager.

2.The directorate's seat is Prague.

3.Individualemployees ofthe directorate may, upon authorization by the director, perform their worktasksalsoin theoffices. Regionalmanagers may be authorized to long-term work in theseoffices.

Article 3a

The Regional Manager

1.The regional manager is an employee of thedirectorate, who, under a mandate fromthe ministerof justice, is authorized by the director to discharge the office.

2.The regional manager is responsible forthe properfunctioning ofthe ProbationandMediationService officesin the region he/she manages (the court region). Heads of the offices report directly to the regional manager.

3.Toensureproperoperation ofthe offices, the regionalmanagerhas authority particularlyinthe areasof management,control, andpersonnel.

4.The regional manager investigates complaints about the discharge of the function of head of the office, or, if the complaint's content is disagreement with the way the complaint in the same matter was dealt with by the head of the office.

5.If theregionalmanagermeetsthe legalrequirements necessary to discharge office of aprobationofficer,he/she may perform, upon authorization by the director, customaryworking agenda in a reduced extent, to include case agenda, allocation of which he/she specifically negotiates with the head of the office.

Article 4

The Offices

1.The ProbationandMediationService offices, operatingat theseats ofdistrictcourts, are the backbone oftheexercise ofprobationand mediationactivities.

2.The ProbationandMediationService offices are not separateaccounting entities anddo not have legal personality.

3.The offices can be internally divided into departments,

  1. if necessary to ensure specialized professional activities of the officers and assistants,
  2. for other reasons.

4.Inmunicipalitiesthatareseats ofmore than onedistrictcourt, offices may mergeordivide,after discussionwith theregionalmanager and upon proposal by the director tothe minister ofjustice.

Article 5

The Head of the Office

1.The office is managed by the headthat is appointed and removedon a proposal of the director of the Probation and Mediation Service bythe minister of justice after discussion with the Council for Probation and Mediation.

2.The head manages, organizes and controls work of the office, andmethodologically manages work of the officers and assistants.

3.The head, via the regional manager, proposes to the director the internal division of the office to departments.

4.The head investigatescomplaints about the officeprocedures, with the exception of complaintsreferred to in article 3, paragraph1dherein.

5.The head ofthe officefollows guidelinesof theregionalmanager.

Section III

Education of the Probation and Mediation Service Officers and Assistants

Article 6

Education of Officers

  1. Education of candidates to the officer's position, and education of officers includes basic qualification education and further professional education.
  2. The basic qualification education includes graduation from a qualification education programme with specialized examination, which is the qualification required for the officer's position.
  3. The 12-month qualification education programme includes theoretical instructionandpracticaltraininginlaw,socialdisciplines, socialwork,andcommunicationskills.
  4. Further professional education includes especially attending specialized seminars and courses, to maintain and deepen knowledge.

Article 7

The Officer's ProfessionalExamination

  1. When finishing the qualification course, candidates to the officer's positionmay apply for professional examination.
  2. The professionalexaminationis performedbefore the examining board appointed by the minister of justice, on a proposal by the Council for Probation and Mediation.
  3. The professionalexamination of the officerverifiesthe theoreticaland practicalexpertiseinlaw,socialdisciplines, socialwork, andcommunicationskills.
  4. Results oftheexamination shall be certified.
  5. The examination may be repeated no sooner than after 6 months.

Article 8

Education of Assistants

  1. Education of assistants includes aspecialization course and further professional education.
  2. The 6-month specialization course is completed by verifying the knowledge acquired. It includes theoretical instruction and practical training in law, social disciplines, social work, and communication skills.
  3. Further professional education includes especially attending specialized seminars and courses.
  4. In further education, assistants may achieve narrow specialization.

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Differential Examination

  1. Differential examination taken by acandidate for thePMS officer's position, who is a citizen of a member state of the European Union or another state, or a stateless person, verifies theoreticalandpracticalexpertiseinthe Czechlaw,especiallycriminallaw, both substantive andprocedural, focusingonprobationandmediationin criminalproceedings (andthe Czechlanguageknowledge). If the candidate does not document the required qualification for the full range of probation and mediation tasks, the examination also verifies such undocumented knowledge in the areas of social work and communication skills.
  2. Results of the differential examination shall be certified.
  3. The examination may be repeated no sooner than after 6 months.

Article 10

Common Provisions onEducation

1.Details concerningeducation ofofficers andassistants,the officers'professional examinations and differential examinations, are defined in theStudy Programme of Education of the Probation and Mediation Service Officers and Assistants.

2.The director puts forward the “Study Programme of Education of the Probation and Mediation Service Officers and Assistants” to the minister of justice for approval.

3.Education of officers and assistants is organized and managed by the directorate, through a sectoral educational institution.

SectionIV

Article 11

Entry into Force

1.The Statutes repeal the Statutes of the Probation and Mediation Service of the CzechRepublic from 21 May 2001.

2.The Statutes come in force on 1 January 2008.

Prague, 19 December 2007

JUDr. Jiří Pospíšil
The Minister of Justice of the Czech Republic

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