Visits during remand custody
A person held in Czech remand custody is generally entitled to receive a visit:
- once every two weeks;
- for 90 minutes;
- from no more than four people at the same time.
The prison director may allow a longer or more frequent visit where there are justified reasons.
Additional restrictions may apply where the purpose of custody is to prevent the accused from influencing witnesses or otherwise obstructing the investigation. In such cases, the prosecutor or the court may determine who may visit, when the visit will take place and whether a representative of the investigating authority must be present.
Visits are normally supervised by the Czech Prison Service. They may also be monitored and recorded by technical means, including CCTV and, where legally permitted, audio recording. Additional monitoring conditions may be imposed by the prosecutor or the court, particularly where there is a risk of interference with the investigation.
Family members should therefore assume that an ordinary visit is not private and that its content may become relevant to the criminal proceedings. Different rules apply to confidential communication with a defence lawyer.
In justified cases, visitors may be separated from the detained person by a partition.
Visits while serving a prison sentence
A convicted prisoner is generally entitled to visits from close family members for a total of three hours per calendar month.
Unless the prison’s internal rules permit otherwise:
- no more than four people may visit at the same time, including children;
- children under the age of 15 must be accompanied by an adult;
- visitors over the age of 15 must present a valid passport, identity card or another recognised identity document.
The particular prison determines the available dates and practical arrangements. Before travelling, especially from abroad, visitors should confirm the appointment and entry requirements directly with the prison.
A visitor may be required to present a formal visiting permit issued through the imprisoned person. Security checks apply, and mobile phones, recording devices, weapons, alcohol, drugs and other prohibited items may not be taken into the prison.
Family visits are generally supervised, and prison premises may be monitored by CCTV. A visit may therefore be recorded by technical means. Visitors should not expect an ordinary family visit to be confidential.
In appropriate cases, the prison director may permit a visit without visual or audio supervision.
Telephone calls
People in remand custody may generally use a prison telephone to contact close family members. Telephone numbers usually have to be approved in advance, and the detained person normally bears the cost of the calls.
Telephone contact can be restricted in certain types of custody, particularly where there is a risk of interference with the investigation. A person held in remand custody is not permitted to keep or use their own mobile telephone.
Convicted prisoners may also telephone approved close persons at the times specified by the internal rules of the particular prison.
Telephone calls with family members and other approved persons may be monitored and recorded by the Czech Prison Service. The detained person and the recipient should therefore assume that an ordinary telephone conversation is not confidential.
In particular, family members should avoid discussing the alleged offence, witnesses, evidence or the intended defence without first consulting the defence lawyer. Even information shared with the best intentions may later become relevant to the criminal proceedings.
Different protection applies to communication with defence counsel and certain other legally protected persons or institutions.
Letters and correspondence
A detained or imprisoned person may generally send and receive letters. Ordinary correspondence may be inspected by the Czech Prison Service.
Different rules apply to protected correspondence, particularly communication with:
- a defence lawyer;
- Czech state authorities;
- a diplomatic mission or consular office;
- certain international human rights institutions.
Letters should contain the person’s full name, date of birth where appropriate, and the complete postal address of the relevant prison.
Before sending documents, photographs, books or other items, the sender should check the specific rules of the prison.
How often may packages be sent?
The rules differ between remand custody and imprisonment.
Remand custody
A person in remand custody is generally entitled to receive one package containing permitted food and personal items:
- once every three months;
- up to a maximum weight of five kilograms.
Different rules may apply to packages containing clothing sent for exchange, books, newspapers, magazines or hygiene products.
Serving a prison sentence
A convicted prisoner is generally entitled to receive one package containing permitted food and personal items:
- once every six months;
- up to a maximum weight of five kilograms.
The prisoner will usually receive formal confirmation of their entitlement to a package. This confirmation should be sent to the person preparing the package and enclosed with it.
Packages are inspected by the Czech Prison Service. Prohibited or unsuitable items will not be handed over and may be returned at the prisoner’s expense or, in some cases, destroyed.
Before sending a package, relatives should check:
- whether the person is currently entitled to receive one;
- whether a package authorisation is required;
- which items are permitted by the particular prison;
- how the package must be labelled;
- whether the food has a sufficient shelf life;
- whether additional postal or customs requirements apply to a package sent from abroad.
Money and purchases
Prisoners cannot normally receive cash directly during a visit or in an ordinary letter. Money may usually be transferred to an account administered by the prison using the identification details required by that institution.
The detained person may then use available funds for permitted purchases, telephone calls and other approved expenses.
The precise payment instructions should always be obtained from the relevant prison. Account numbers, reference details and rules governing the use of deposited funds may differ.
Contact with a lawyer and consular authorities
A person in remand custody has the right to communicate with and receive visits from their defence lawyer. Ordinary restrictions applicable to family visits do not apply to defence counsel.
A foreign national must also be informed of the right to contact the diplomatic mission or consular office of their country. A consulate may provide general assistance, help relatives understand the situation and supply contacts for local lawyers. It does not, however, replace independent legal representation.
Early legal assistance can be particularly important if the detained person:
- does not speak Czech;
- does not understand the allegations or procedural documents;
- has family or property abroad;
- needs help communicating with relatives;
- is subject to restrictions on visits or telephone calls;
- or is involved in extradition or surrender proceedings.
A lawyer can also advise the family on what matters should not be discussed during monitored visits or telephone calls.
Practical checklist for relatives
Before arranging a visit or sending anything, establish:
- the person’s current place of detention;
- whether they are in remand custody or serving a sentence;
- whether the visit has been approved and booked;
- which identity documents are required;
- how early visitors must arrive;
- what may be brought into the prison;
- whether a package authorisation has been issued;
- whether the prison has special rules for foreign visitors or international post.
The internal rules and organisational arrangements of individual prisons may differ. It is therefore advisable to confirm the details directly with the relevant prison or through the detained person’s lawyer before travelling or sending a package.
Legal assistance in English
If a family member has been detained or imprisoned in the Czech Republic, timely legal assistance can help clarify their situation, protect their procedural rights and facilitate communication with the authorities and relatives abroad.
I provide legal advice and representation in English in Czech criminal proceedings, including assistance to foreign defendants and their families.
Legal sources and further information
Czech Prison Service – Information for family members and relatives:
https://www.vs.gov.cz/en/faq/family-members-relatives
Act No. 293/1993 Coll., on the Enforcement of Remand Custody, in particular Sections 13a, 14 and 16
Act No. 169/1999 Coll., on the Enforcement of Imprisonment, in particular Sections 17–19 and 24
Regulation No. 109/1994 Coll., issuing the Rules for the Enforcement of Remand Custody
Internal rules and visitor instructions of the relevant Czech prison