40/2009 Sb.



LAW



of 8 March. January 12, 2009



the criminal code



Change: 306/2009 Sb.



Change: 181/2007 Sb.



Change: 330/2011 Coll. (part)



Change: 330/2011 Sb.



Change: 357/2010 Coll., 420/2011 Sb.



Change: 375/2007 Sb.



Change: 193/2009 Sb.



Change: 360/Sb.



Change: 390/2009 Sb.



Change: 399/2009 Sb.



Change: 494/2012 Sb.



Change: 241/Sb.



Change: 259/Sb.



Change: 105/Sb.



Change: 141/2014 Sb.



Change: 86/2015 Sb.



Change: 165/2015 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



GENERAL PART



TITLE I OF THE



THE SCOPE OF THE CRIMINAL LAW



Part 1



No crime without a law



§ 1



Prohibition of retroactive



The Act is a crime only if his offence was set previously,

before it was committed.



Part 2



Application in time



§ 2



Crime and the time a criminal offence



(1) crime is judged according to the law effective at the time when it was

Act was committed; According to a later law is assessed only if it

It is more favourable for the offender.



(2) if the law changes during the Commission of a crime, the law, which shall be

It is effective at the completion of the negotiations, which the Act was committed.



(3) when subsequent changes to the law, which is effective at the completion of

the negotiations, which is the Act was committed, the law is used the least.



(4) the Offence is committed when the perpetrator or a participant took place or in the

If the omission was bound to take place. It is not important which results in

occurs or when should occur.



§ 3



The use of the law effective at the time of decision making



(1) the offender can store only such kind of punishment, which allows

Save the law effective at the time of the crime.



(2) the protection measures shall be decided according to the law effective at the time,

When the protective measures.



Part 3



Local scope



§ 4



Territoriality principle



(1) according to the law of the Czech Republic is considered crime that was

committed on its territory.



(2) a criminal offence is considered as committed in the territory of the Czech Republic,



and committed to) the perpetrator of the whole or part of the negotiations, even if

violations of or threats to the interests protected by criminal law occurred, or

should be wholly or partly in a foreign country, or



(b)) violated or endangered the perpetrator to the interest protected by the criminal

by law, or if he was at least partly a result of the experience, even if the

acts committed in a foreign country.



(3) Participation is committed in the territory of the Czech Republic,



and here) if the Act has been committed, where instead of committing such a crime,

be assessed by analogy with paragraph 2, or



(b)) if the participant a crime committed abroad.



(4) If a participant in the territory of the Czech Republic, shall be used to

punished the United States regardless of whether the Act

perpetrators of the offence in a foreign country.



§ 5



The principle of registration



Under the law, the United States is assessed whether or not crime that was

committed outside the territory of the United Kingdom on board a ship or other vessel,

or aircraft or other vehicle, air means of transport that are

registered in the Czech Republic. Instead of committing such a crime,

be assessed by analogy with § 4 para. 2 and 3.



§ 6



The principle of personality



Under the law, the United States is assessed as well as the criminalization of the Act, which in

a citizen of the United States committed abroad or by a person without the State

jurisdiction, which has on its territory a permanent residency.



§ 7



The principle of protection and the principle of the universality of the



(1) according to the law of the Czech Republic is judged the offence of torture and other

inhuman and cruel treatment (section 149), forgery and alteration of money (§

233), giving false and forged money (section 235), manufacture and possession of

padělatelského implements (§ 236), unauthorized production money (section 237),

Subversion (section 310), a terrorist attack (section 311), terror (section

312), sabotage (§ 314), espionage (section 316), violence against authority

public authorities (section 323), violence against the official person (section 325), counterfeiting and

alteration of public documents (§ 348), participation in organized criminal

the group, according to § 361 paragraph. 2, 3, of genocide (para. 400), an attack against the

humanity (§ 401), apartheid and discrimination of groups of people (section 402),

the preparation of aggression (section 406), use of a forbidden martial resource and

irregular warfare (section 411), war cruelty (section 412), persecution

of the population (Section 413), looting in the area of operations (para. 414)

abuse of internationally recognized and national characters (§ 415), abuse

the flag of truce (section 416) and battery parlamentáři (§ 417), even if

He committed the offence abroad, a foreign national or

a stateless person, which is not on the territory of the Czech Republic

permanent residency.



(2) according to the law of the Czech Republic is considered crime that was

committed abroad against citizens of the Czech Republic or against the person without

nationality, which is on the territory of the United States permanent

stay, if you act in the place of committing a crime or if the

instead of having committed the crime is not subject to any criminal jurisdiction.



§ 8



Subsidiary principle of universality



(1) according to the law of the Czech Republic is judged the offence of a crime committed

abroad, a foreign national or a stateless person

jurisdiction in the territory of the United States does not have a permanent residency,

even if the



and the Act is a criminal even) according to the law effective on the territory where it was committed,



(b) the offender has been apprehended) on the territory of the Czech Republic, was expended

or forward control and the offender has not been released or handed over to the criminal

prosecution or enforcement of a sentence to a foreign State or another authorized

body and the



c) foreign State or another authorized body which had asked for the issue or

the surrender of the offender for criminal prosecution or enforcement of a sentence, asked for

the implementation of criminal prosecution of the offender in the Czech Republic.



(2) according to the law of the Czech Republic is judged the offence of a crime committed

abroad, a foreign national or a stateless person

jurisdiction in the territory of the United States does not have a permanent residency,

also, if the Act was committed for the benefit of a legal person, which has the

the Czech Republic registered office or organizational unit.



(3) the offender, however, you cannot save a penalty more severe than that provided for by law

the State on whose territory the crime was committed.



§ 9



The scope provided for in an international agreement



(1) crime is judged according to the law of the Czech Republic also when the

If provided for by an international agreement, which is part of the legal

procedure (hereinafter referred to as "international agreement").



(2) the provisions of § 4 to 8 shall not apply if the international treaty

not be admitted.



§ 10



cancelled



§ 11



Effects of the judgment of a foreign State



(1) the criminal judgment of a foreign State cannot be enforced in the territory of the United

States or have other effects, unless the law or an international

contract is something else.



(2) on the final conviction by a Court of another Member State of the European Union

in criminal proceedings, for the purposes of criminal proceedings seen as condemnation

Court of the United States, if it was given for the offence and the law

Of the Czech Republic.



TITLE II



CRIMINAL LIABILITY



Part 1



The foundations of criminal liability



§ 12



The principle of legality and the principle of subsidiarity of criminal repression



(1) the Only criminal act defines the offences and provides for criminal penalties,

that you can save for their perpetration.



(2) the criminal responsibility of the perpetrators and criminal consequences associated with it

can be exercised only in cases of socially harmful, in which

It is not sufficient assertion of liability pursuant to other legislation.



section 13 of the



The offence



(1) a criminal offence is an unlawful act, the criminal code refers to as

the crime and which shows the characters listed in the Act.



(2) the criminal liability for an offence it must be intentional fault,

unless otherwise provided in the Criminal Code expressly states that it is sufficient to fault of negligence.



§ 14



Offenses and crimes



(1) criminal offences are divided into offenses and crimes.



(2) Offences are all negligent offences and the intentional crime

the acts covered by the Criminal Code provides for the punishment of deprivation of liberty of a maximum of

criminal rates within five years.



(3) the crimes are all crimes that are not under the criminal

law offenses; particularly serious crimes are those intentional offences

covered by the Criminal Code provides for the punishment of deprivation of liberty of a maximum of

criminal sanctions for at least ten years.



Part 2



Fault



§ 15



The intention of the



(1) the offence is committed intentionally, if the offender



and in the manner specified) wanted to in the criminal code infringe or jeopardise the interest of the

protected by such a law, or



(b)) knew that their actions can cause hazard or that such an infringement,

and in case it is causes was with it agree.



(2) Complicity means and reconciliation of the offender that way

referred to in the criminal code may violate or jeopardise the interest protected

in such a law.



section 16 of the



The negligence of the



(1) the offence is committed through negligence, if the offender



and he knew that he could) in the manner specified in the criminal code infringe or

endanger the interest protected by such law, but without adequate reasons

He trusted that such violations of or threats to cause or




(b)) did not know that their actions can such breach or compromise

cause, though about it given the circumstances and to their personal circumstances, know

should and could.



(2) the offence is committed with serious negligence, if the access

offender to request appropriate caution is indicative of apparent recklessness

the perpetrators of the interests protected by the criminal law.



§ 17



Fault to the circumstances especially aggravating



The fact, which makes the use of higher penalties, taking into account,



a) in the case of heavier result, even if it caused the offender from

negligence, except in cases where the criminal law requires fault here as well

intentional, or



(b)) in the case of another fact, even if the offender did not know about it,

Although the circumstances of her and to your personal circumstances and should know

could, except for cases where the criminal code requires that the perpetrator of her

He knew.



section 18



Mistake of fact



(1) who does not know when an act or not foreseen as a possible factual

the fact that is a feature of the offence, it is not intentionally; This is not a

without prejudice to the liability for an offence committed through negligence.



(2) who while committing a crime of falsely assumes the facts that

would you live the characters the milder intentional crime will be punished

This milder offence unless the offence had been committed from the

negligence.



(3) while committing a crime Who mistakenly assumes the facts that

should implement the characters more severe intentional criminal offence, will be

punished for attempt this more severe offence.



(4) while committing a crime Who mistakenly assumed the factual circumstance which

excludes its illegality, not intentionally; This does not affect

responsibility for the criminal act committed out of negligence.



§ 19



Mistake of law



(1) Whoever upon Commission of the offence does not know that the Act is unlawful,

not culpably, if the error could not be avoided.



(2) Confusion could be avoided, if the obligation to become familiar with the

the legislation stemmed from the Act of the offender or for another

legislation, the official decision or contract of his employment,

profession, position or function, or if the offender could illegality

the Act recognize without obvious problems.



Part 3



The preparation and trial of the offence



section 20



The preparation of the



(1) conduct which is intentionally creating the conditions for committing

particularly serious crime (art. 14 (3)), in particular in its organisation,

procurement or adaptation of means or tools to its

committing, in the organisation, the captain, in the instructions or assistance to such

the crime is the preparation only if the criminal code for

the relevant criminal offence expressly provides and if you try to

even egregiously dokonání crime.



(2) preparation is punishable in accordance with penal rates set out on particularly serious

the crime to which it points, if the criminal code does not provide for something

another.



(3) the criminal responsibility for the preparation of a serious crime shall cease,

If the offender voluntarily refrained from further talks towards a

committing serious crime and particularly



and removed the danger) was of interest to the protected criminal law

of training undertaken, or



(b)) has done on the preparation to particularly serious crime alert at a time when

the danger resulting from the criminal law-protected interests of the undertaken

preparation, still could be eliminated; notification must be made to the

agents or police authority, a soldier can instead make the notification

to your manager.



(4) if the offence zúčastněno to multiple people, does not prevent the extinction of the criminal

responsibility for the preparation of an offender who has acted in this way, if the offense

complete the other offender regardless of his earlier contributions to the crime

or through its timely notification.



(5) the provisions of paragraphs 3 and 4 are without prejudice to the criminal liability

offender for other cases it was a crime that has already been referred to in

paragraph 1 committed.



section 21



The attempt



(1) conduct which is immediately directed to the crime and dokonání

to which the perpetrator committed the criminal act intended to commit, is an attempt to

the offence, if the offence has not dokonání.



(2) trial is a criminal offence according to the criminal sanctions provided for in

the execution offense.



(3) the criminal responsibility for the crime of attempt shall cease, if the

the offender voluntarily refrained from further talks towards a dokonání

of the offence and



and removed the danger) was of interest to the protected criminal law

Research of experiment of the offence, or



(b)) made by the offence notification at a time when the danger that

criminal law-protected interests arose from research experiment

the offence could be still deleted; notification must be made

to the Prosecutor or police authority, a soldier can instead make

the Notification Manager.



(4) if the offence zúčastněno to multiple people, does not prevent the extinction of the criminal

the responsibility for the attempt by the offender who acted in this way, if the Act is committed

the other offender regardless of his earlier contributions to the crime or

Despite his early notification.



(5) the provisions of paragraphs 3 and 4 are without prejudice to the criminal liability

offender for other cases it was a crime that has already been referred to in

paragraph 1 committed.



Part 4



The perpetrator, accomplice and participant of the crime



section 22



The offender



(1) the offender is, who filled her characters

the constituent elements of the offence or the attempt or preparation, if

the longest.



(2) the offender is one who for the implementation of the Act take other

a person who is criminally liable for the lack of age, insanity,

mistake, or because they acted in self-defence, the extreme distress or for other

the circumstances excluding the illegality, or failed to act or not act alone

culpably. The offender is one who for the implementation of Act taken

such a person has not acted in a specific intent or of motives

implied by law; in these cases, the criminal is not excluded

the responsibility of such a person for an offence that this Act

She committed.



Article 23 of the



An accessory



If the offence was committed an intentional act of two or more common

people, corresponds to each of them, as if the offense committed itself

(partners in crime).



section 24



Participant



(1) a participant in the accessory after the crime or its attempt to is, who

intentionally



and) committing the offence was, or was driving (organizer),



(b) in another decision aroused) commit a crime (instigator), or



(c) enable or facilitate another) Commission of the offence, in particular

the measure means, by removing the obstacles, damaged on vylákáním

scene of the crime, in the Act, monitoring by the Council, in resolution or utvrzováním

the promise to contribute after the crime (Assistant).



(2) criminal responsibility and punishability shall the provisions on

criminal responsibility and that the offender, if the criminal code

does not provide for something else.



(3) the criminal liability of the Subscriber shall cease, if voluntarily dropped

from further participation in the offence, and



and removed the danger) was of interest to the protected criminal law

Research of abetting or



(b)) made of abetting in the offence notice at a time when

the danger resulting from the criminal law-protected interests of the

research participation, could still be removed; the notice must be

make to the Prosecutor or police authority, a soldier can instead

make the Notification Manager.



(4) if the offence zúčastněno to multiple people, does not prevent the extinction of the criminal

the responsibility of the participant, who has acted in this way, if the Act was committed by other

the offender regardless of his earlier contributions to the crime or through his

early notification.



(5) the provisions of paragraphs 3 and 4 shall not apply to criminal responsibility

party for an offence which has already been referred to in paragraph 1

He committed.



§ 25



The age of the



Who at the time of the crime under the fifteenth year of his age, is not

criminally responsible.



section 26



Insanity



Who for mental disorder at the time of committing a crime could not recognize his

the unlawfulness or control their actions, not for this act criminally

responsible.



section 27 of the



A scaled-down sanity



Who for mental disorder at the time of committing a crime should be substantially reduced

the ability to recognize its unlawfulness or control their actions is

reduced to the sane.



TITLE III



THE CIRCUMSTANCES OF THE CRIME OF UNLAWFUL EXCLUSIONARY



section 28



Extreme emergency



(1) the Act otherwise criminal, which someone turns away the danger directly threatening

the interests protected by criminal law, it is not a criminal offence.



(2) this is not a dire need, if it was possible that risk under the

circumstances to avert the otherwise or caused by the effect is probably as well

serious or even more serious than the one that threatened to, or was the one

to risk, must endure.



section 29



Self-defense



(1) the Act otherwise criminal, which someone turns away directly threatened or continued

the attack on the interest protected by law, is not a criminal offence.



(2) it is not a defense, if the Defense clearly disproportionate

the method of attack.



section 30



Consent of the injured party




(1) Whoever commits the offence is based on the consent of the person whose

the interests which this person can legitimately make decisions without restriction,

without prejudice to the crime.



(2) the Consent referred to in paragraph 1 shall be made in advance or simultaneously with

the conduct of the person committing the act otherwise, voluntarily, definitely, seriously and

clearly; If such permission is given only after committing the crime, it is

the offender beztrestný could reasonably assume that the person referred to in

paragraph 1 should this agreement not otherwise granted in view of the circumstances of the case

and your circumstances.



(3) except in cases of consent to medical procedures, which are at the time of

Act in accordance with the laws of, and knowledge of medical science and practice, cannot be

for permission under paragraph 1 shall be considered as consent to bodily harm or

the killing.



section 31



Acceptable risk



(1) Whoever commits a criminal offence in accordance with the State of knowledge and

the information which he had at the time of their decision making about next steps,

exercises in the course of their employment, profession, position or function

socially beneficial activity which threatens or violates the interest

protected by the criminal law cannot be socially beneficial result

to achieve otherwise.



(2) it is not an acceptable risk, if such activity jeopardises the life or

human health without it was given to her in accordance with other legal

Regulation of consent, or the result of which is directed, quite probably

does not match the level of risk, or the implementation of this activity apparently contradicts the

the requirements of other legislation, the public interest, principles of humanity

or contrary to good morals.



§ 32



Authorized use of weapons



Commits an offence who uses the weapon within the limits set by other

legal regulation.



TITLE IV



EXTINCTION OF CRIMINAL LIABILITY



Part 1



Extinction of criminal responsibility effective regret



§ 33



Effective regret



Criminal liability for offences of failure to provide assistance (§ 150),

hit-and-run driver of means of transport (section 151), the spread of

infectious human disease (section 152), the spread of contagious human diseases

negligence (article 153), endangering the health of the objectionable food and other

objects (section 156), endangering the health of the objectionable food and other

items of negligence (para. 157), the child into the power of another (section 169),

the introduction (section 172), hostage taking (section 174), abandonment of a child or devolved to

persons (§ 195), breach of obligations in the management of foreign assets (section 220),

breach of the duty to manage the foreign assets of negligence (§ 221),

breach of the obligation in the insolvency proceedings (section 225), breach of the obligation

make a truthful statement of assets (§ 227), damage to Foreign Affairs (§

228), reduce taxes, fees and similar mandatory payments (section 240),

failure to comply with the notification requirements in tax proceedings (section 243), violations of the

prohibitions at the time of the emergency in the foreign exchange holdings (section 247),

violation of the rules on the circulation of goods in contact with foreign countries (section 261), violations of the

regulations on the control of exports of dual-use items and technology (para. 262),

breach of duties on exports of dual-use goods and technologies (section

263), the execution of foreign trade with military material without

permit or licence (§ 265), breach of obligations in connection with the

the release of permits and licences for foreign trade with military material

(section 264), a general threat situation (para. 272), the general threat of negligence (§

273), breach of the obligation in dire straits (para. 275), damage and

compromised service of general economic interest (article 276) devices, damage and

compromised service of general economic interest the device from negligence (section 277),

damage to the geodetic point (§ 278), damage and threat to life

environment (para. 293), damage and danger to the environment from the

negligence (para. 294), damage to the forest (section 295), unauthorized disposal

waste (article 298), unlawful dealing with protected wild

fauna and Flora (section 302), unauthorized

management of protected wildlife and wild

plants from negligence (para. 300), the spread of infectious diseases of animals (§

306), the spread of contagious diseases and pests of commercial plants (section 307),

high treason (art. 309), Subversion (section 310), terrorist attack

(section 311), terror (section 312), sabotage (§ 314), misuse of Government representation and

International Organization (article 315), espionage (section 316), threats to

classified information (section 317), the threat to classified information from the negligence

(318), mutiny of prisoners (art. 344), spreading alarm messages (§ 355),

nepřekažení of the offence (section 368), the omission of the offence (section 368)

shall cease, if the offender voluntarily



and the harmful consequences of the offence) prevent or rectify it, or



(b) the crime) made the announcement at a time when the harmful effect

the offence could still be prevented; notification must be made

to the Prosecutor or police authority, a soldier can instead make

the Notification Manager.



Part 2



The limitation of criminal liability



§ 34



The period of limitation



(1) the criminal liability for the offence, the limitation period expires

that make



and) for twenty years, in the case of an offence for which the Criminal Code permits

the imposition of special punishment, and criminal act committed in the development or

When approving the privatisation project by another law,



b) fifteen years, if the upper limit of imprisonment

at least ten years,



(c)) for ten years, if the upper limit of imprisonment

at least five years,



(d)) five years, if the upper limit of imprisonment of at least

three years,



e) three years for other crimes.



(2) the period of limitation shall run for offences for which is the sign of

the effect of or which is the effect of a character skilled facts

from the moment when such an effect occurred; for other offences

the period of limitation begins to run from the end of the meeting. The participant shall

the limitation period shall run from the end of the main perpetrators of the crime.



(3) The limitation period is not counted



and) the time during which the offender could not be brought before a Court of

the legal obstacle,



(b)) the period during which the criminal prosecution was discontinued,



(c)) the period during which the victim of the crime of human trafficking (article 168), or

any offence referred to in the title of the third special section of this

the law on offences against human dignity in the sexual area

She was under the age of eighteen years,



d) trial period of conditional cessation of criminal prosecution or

the conditional postponement of the submission of the proposal for punishment,



(e)) the time during which the offender could not be criminally in the Czech Republic

to prosecute, if the offence of which the offence is judged according to the law of the Czech

States on the basis of § 8 para. 1,



(f)) since the release of the detention order to the revocation or termination of the

its validity for any other reason,



(g)) the period for which it has been temporarily waived certain acts criminal

proceedings under the Act on international judicial cooperation in matters

criminal.



(4) the period of limitation shall be interrupted



and the initiation of criminal prosecution for) an offence in respect of which the limitation period it comes,

as well as the following after him, taking into custody, issuing a command to the arrest,

submission of the application to provide the demand of a person from a foreign country, the release of

the European arrest warrant, indictment, the application for approval

agreement on guilt and punishment, punishment proposal, publication of the conviction

judgment for this offence, or delivery order for

the offence the accused person, or



(b)) if the offender committed the offense of the new limitation period to which

the Criminal Code provides for the punishment of the same or stricter.



(5) the interruption of the limitation period shall start a new period of limitation.



§ 35



Exclusion of limitation



The expiry of the limitation period does not terminate the criminal responsibility



and) the offences referred to in the thirteenth head of the special part of this

the Act, except offences for the creation, support and promotion of movements

leading to the Suppression of rights and freedoms (art. 403), expression of sympathy

the movement towards the Suppression of rights and freedoms (section 404),

denying, questioning, approving and justification of genocide (§

405), even if they have been in the past, committed deeds that should now

the characters of such crimes,



(b)) for the offences of Subversion (section 310), terrorist attack

(section 311) and terror (section 312) if they have been committed in circumstances such that the

constitute a war crime, or a crime against humanity according to the laws of the

of international law,



(c)) for other crimes committed in the period from 25. February 1948 to 29.

December 1989, in which the upper limit of imprisonment shall be

at least ten years, if for reasons incompatible with the fundamental principles

the legal order of the democratic State to avoid final conviction

or waiver of the indictment, and that committed by public officials or

have been committed in connection with the persecution of an individual or group

people for reasons of political, racial or religious.



TITLE V OF THE



CRIMINAL SANCTIONS



Part 1



Types of criminal sanctions and the General principles for their storage



section 36



Types of criminal sanctions



Criminal penalties are penalties and protective measures.




§ 37



General provisions for the storage of criminal sanctions



(1) the criminal penalties may be imposed only on the basis of the criminal code.



(2) the offender cannot save the cruel and disproportionate criminal sanctions. Performance

criminal sanctions may not be degrading.



§ 38



The proportionality of the criminal penalties



(1) it is necessary to impose criminal penalties, taking into account the nature and

the severity of the committed offence and the offender.



(2) where it is sufficient to save a penalty, the offender less affecting,

must not be imposed criminal sanctions for perpetrators alive.



(3) when you save the criminal sanctions into account and the law protected

the interests of the people damaged by the crime.



Part 2



Penalties



Section 1



Guidelines for sentencing



§ 39



Determining the type and amount of punishment



(1) when determining the type of punishment and its rulings the Court will consider the nature and

the severity of the committed criminal offence, the personal, family, property and

other circumstances of the offender and to the previous way of life and to

the possibility of a remedy; on account of the offender's conduct after the crime, the

in particular, his attempt to compensate for the damage or eliminate other harmful

the consequences of the crime, and if it was marked as a cooperative the accused, whether or not to

as important contributions to the elucidation of a crime committed

members of an organized group, in conjunction with an organised group or in

benefit of organized criminal groups. Taking into account also the effects and

effects that can be expected from the punishment of the offender for future life.



(2) the nature and gravity of the offence, in particular, are determined by the importance of

protected interest, that was a crime, the way to do a crime and

its consequences, the circumstances in which the Act was committed, the person

the perpetrator, the degree of his culpability and his motive, intention or aim.



(3) when determining the type of punishment and its rulings the Court shall take into account

attenuating and aggravating circumstances (sections 41 and 42), to the time that

has elapsed since the Commission of the offence, any change in the situation and the length of

criminal proceedings lasted an unreasonably long time. In the assessment of

the reasonableness of the length of the criminal proceedings, the Court shall take into account the complexity of the case,

the process of law in criminal proceedings, the importance of criminal proceedings

for the offender and to his actions, which contributed to delays in the criminal

control.



(4) the fact that is the legal character of the offence, including

circumstances, which makes use of greater penalties, cannot be

be taken into account as mitigating or aggravating circumstances to. To the circumstances of the

justifying the extraordinary reduction in the prison sentence cannot be taken into account

as to the mitigating circumstances.



(5) to the aggravating circumstances into account,



a) in the case of heavier result, even if it caused the offender from

negligence, except for cases where the criminal code required even at fault here

intentional,



(b)) in the case of another fact, even if the offender did not know about it,

Although the circumstances of her and to your personal circumstances and should know

could, except for cases where the criminal code requires that the perpetrator of her

He knew.



(6) when determining the type of punishment and its acreage will take into account the Court



and also for accomplices to) the extent the conduct of each

contributed to the Commission of an offence,



(b)) for the Organizer, instigator and Assistant to the importance and the nature of their

participation in the Commission of an offence,



(c)) for the preparation of a serious crime and attempted crime also

to do this, the extent to which the conduct of the perpetrator of the offence to dokonání

closer, as well as the circumstances and the reasons for which its dokonání

did not occur.



(7) if or tried to get the perpetrator of a criminal offence

property benefits, the Court shall take into account when determining the type of punishment and

its acreage; If it do not exclude his property or personal circumstances,

saves him, taking into account the amount of such a benefit any of the

the sentencing guidelines, which will affect him on the property (§ 66 to 72), and as a punishment

standalone or alongside another penalty.



section 40



Imposing a sentence the offender to a scaled-down příčetností



(1) if the perpetrator committed the crime in a State of reduced

sanity, that, even through negligence, tendency influence

addictive substances, the Court shall take into account this circumstance when determining the type of

sentence and its acreage.



(2) where the Court considered that, given the State of health of the offender

referred to in paragraph 1, it was possible under the current imposition of safeguard

treatment (section 99) achieve its axle and the punishment of a shorter

the duration of the term of imprisonment shall be reduced below the lower limit of the criminal rate,

While not bound by the restrictions as set forth in § 58 para. 3, and stores at the same time

protective treatment.



§ 41



Extenuating circumstances



As to the mitigating circumstances, the Court shall take into account, in particular, that the offender



and committed a crime for the first time) and under the influence of circumstances on it

independent,



b) committed a crime in a strong agitation, out of compassion, or from a lack of

life experiences,



(c)), an offence under the pressure of dependence or subordination,



d) committed a crime under the influence of threat or coercion,



e) committed a crime under the influence of his personal or family

circumstances, which he did not,



f) committed a crime in the age close to the age of minors,



g) committed a crime or danger odvraceje attack, without

completely satisfied the conditions necessary to the defence or extreme shortage or has exceeded the

the limits of the permissible limits of risk or other circumstances, negative

the illegality,



h) committed a crime in the legal error, which can be

avoid,



I) offence caused less damage or other less harmful

results in,



j) was about the removal of harmful consequences of the offence, or

voluntarily replaced the damage caused;



to the offence itself) announced to the authorities,



l) to assist in clearing your criminal activity or a significant contribution

to clarify the offence committed by another,



m) contributed, in particular, as a cooperating defendant to investigation of criminal

activities committed by members of organized groups, in conjunction with the

organised by or in favour of the organised criminal

the group,



n) sincerely regretted the crime or



about) before committing the offence of ordinary life.



§ 42



Aggravating circumstances



The Court as to the aggravating circumstances into account, in particular, that the offender



and) committed a crime with care or after previous discretion,



b) committed a crime of revenge, of national,

racial, ethnic, religious, class or other similar hatred or of

other particularly reprehensible motives,



c) raw or committed a crime, harrowing insidiously, with

specific stratagems, or other similar means,



(d)), an offence taking advantage of someone's emergency, distress, defencelessness,

dependency or subordination,



(e)) the criminal offence has violated specific obligation,



f) offence abused his employment, position or

function,



g) committed a crime against the person involved in the saving of life and

health or the protection of property,



h) committed a crime, to the detriment of the child, relatives, pregnant, sick,

disability, old age, or the infirm,



I) seduced to act otherwise, criminal, misdemeanour or criminal offence of another,

in particular, a child under 15 years of age, the young person, or a person aged

Middle age of a juvenile,



(j)), an offence under the emergency, natural disaster or other

serious life-threatening events, public policy or property, or

the territory in which it is carried out or evacuation was carried out,



the offence has caused higher) damages or other more malicious

results in,



l) the criminal offence he received a higher benefit,



m) committed a crime to a greater extent on more things or more

persons, or the offence was committed or continued for a long period,



n) committed criminal offences,



o) committed a crime as the Organizer, as a member of an organized group

or a member of the organisation, or



p) has already been sentenced for the offence; the Court is entitled to according to the nature of the

the previous conviction not to regard this fact an aggravating, especially

having regard to the importance of the protected interest of the deed, the way

the implementation of the Act and its consequences, the circumstances in which the Act was committed,

the person of the offender, the extent of his culpability, his motive and the time that

Since the last conviction, and in the case of the offender,

that was committed in the State caused by a mental disorder, or about

an offender who is the abuse of addictive substances and committed a criminal

performance under the influence of or in connection with the abuse, also

When he began treating or made any other measures necessary to its

begin.



§ 43



Aggregate and summary punishment



(1) if the Court Disapproves the offender for two or more offences, saves

his total sentence, depending on the provisions applicable to the offence

of them are criminal; in the case of overlapping of multiple vícečinný

offences, the Court may sentence the offender imprisonment in the context of the

criminal rate, whose upper limit is increased by one-third; top

the boundaries of the imprisonment shall not, however, even after this increase


exceed twenty years and when you save an exceptional sentence

over twenty to thirty years shall not exceed thirty years. In addition to the punishment

such a provision may be permitted within the aggregate punishment

save another kind of punishment if its imposition would be justified by the

one of the souzených offences. If the lower limit of the criminal

rates of imprisonment varied, is the lower limit of the total penalty, the highest of the

them. If provided for in the criminal code for any of these offences

only a prison sentence may be the sum total of the penalty only a prison sentence

freedom as a separate sentence.



(2) the Court saved the General punishment according to the principles referred to in paragraph 1, when the

condemns the offender for a crime that was committed before the Court

of first instance declared the conviction for another of his offense.

Together with the imposition of a penalty, the Court shall cancel the general opinion on the penalty imposed

the perpetrators of the earlier judgment, as well as all the other decisions on

This statement substantively connecting, if due to the change that occurred in the

This cancellation, lost ground. The aggregate punishment may not be more favourable than

sentence imposed earlier by the judgment. In the framework of the General penalty, the Court must

pronounce the penalty of loss of honorary degrees or awards, the penalty of loss of

the military ranks, the punishment of confiscation of property, or the penalty of forfeiture of things

If such a sentence was spoken has been made earlier.



(3) the Convicting judgment referred to in paragraph 2 shall mean (i) the judgment, which

It was under the terms of § 48 para. 1 conditionally waived the punishment with the

supervision. Together with the imposition of a penalty, the Court shall cancel the general opinion on the

conditional waiver from the punishment with supervision, as well as all other

the decision on this statement substantively connecting, if due to the change,

occurred in the clearing, lost ground.



(4) the provisions of the General sentence with he, if the earlier

the conviction is of such a nature that the perpetrators would not be considered as

convicted, or if an earlier conviction was released by the Court

another Member State of the European Union.



§ 44



The abandonment of the imposition of the General penalty



The Court shall waive the imposition of General punishment pursuant to § 43 para. 2, if

that sentence imposed earlier by the judgment is sufficient.



§ 45



Saving the common punishment for continuing in tort



(1) if the Court Disapproves the perpetrators behind the attack continued in the Sub for an

the Act (section 116), the other attacks, he was sentenced by a judgment that has already

became legally valid, it cancels that earlier opinion in the judgment on the guilt of the

continuing offence and crimes committed by him in

single-acting, the entire opinion on the sentence, as well as other statements that

they have in that conviction of its surface, and again the commitment

by the findings in the judgment cancelled shall decide on the guilt of the continuing

a criminal offence, including the new attack sub, or offences

committed with him in tracking products on the common punishment for

continuing offence, which must not be more lenient than the sentence imposed

the judgment of the former, and, where appropriate, the follow-up statements that have

in the operative part of its surface. Within the common punishment for continuing

in the crime, the Court must pronounce the penalty of loss of honorary degrees or

honors, loss of military rank, confiscation of property, or

forfeiture of things, if such a punishment has been ratified already by the judgment

earlier.



(2) the provisions of sections 43 and 44 shall apply mutatis mutandis in the case where a will is at the same time

saved a penalty for criminal offences.



(3) the provisions on the common penalty for the offence is continued in

even if it is an earlier condemnation of such a nature, that the

the perpetrators of the visor, as if he has been convicted.



(4) the provisions on the common penalty for the offence is continued in

He was an earlier conviction issued by a court in another

the Member State of the European Union.



Section 2



Waiving of punishment



§ 46



General provisions



(1) the punishment of an offender who committed a misdemeanor, criminal offence regrets

and effective efforts of reform exhibits, may be dispensed with if given the

the nature and severity of the committed offence and the offender's life

can reasonably be expected that the hearing of the case is sufficient for its

remedy and to protect society.



(2) the Court shall waive the punishment of the perpetrators identified as the cooperating

the accused, are subject to the conditions provided for in § 178a of paragraph 1. 1 and 2

the criminal procedure code and handed to the accused in both the preliminary cooperative

proceedings and in proceedings before the Court the full and truthful testimony about

the facts, which are capable of significantly contributing to the clarification of the

the crime committed by members of organized groups, in conjunction with the

organised by or in favour of the organised criminal

of the Group; the provisions of § 48 para. 1 this does not prejudice. Refrain from

the punishment of offenders designated as a cooperating defendant as follows

If it cannot, the committed offence is more serious than crime, to

the clarification has helped, if he was involved as an organizer or

the instigator of the crime, to which he contributed, if clarification

intentionally caused severe injury to health or death or if they are made

the reasons for the extraordinary increase in imprisonment (section 59).



(3) the Court may dispense with punishment if a perpetrator

preparation or attempt of the crime did not recognize that the preparation of or an attempt to

because of the nature or type of attack, which was supposed to be an act of

committed, or because of the nature or type of resource, which should be

Act was committed, could not lead to dokonání.



(4) if the Court Dropped from punishment, staring back at the perpetrator, as would not be

convicted.



§ 47



Waiving of punishment of imposing protective treatment or

security detention



(1) the Court may dispense with punishment, even if the offender has committed

offence in a State of diminished or in a State of sanity induced

mental disorder, and the Court has considered that the protective treatment (section 99)

at the same time, remedy the offender and protect society better

than punishment. This provision shall not apply if the offender's status

reduced your sanity or mental disorder brought about, even through negligence,

the influence of addictive substances.



(2) the Court may dispense with punishment, even if the offender has committed

crime in a State of diminished or in a State of sanity induced by mental

disorder, and not expect it to be imposed protective treatment with

taking into account the nature of mental disorders, and options for action on the perpetrators

led to a sufficient protection of the company, and the Court finds that the

security detention (paragraph 100) that the offender also stores, ensure

protection of the company better than punishment.



§ 48



Conditional waiver from the punishment with the supervision of the



(1) under the conditions set out in paragraph 46. 1, 2 or 3, the Court may conditionally

refrain from punishment, and to provide for the supervision of the offender, if for

needed for a specified period to monitor the behaviour of the offender.



(2) when a conditional waiver from the punishment the court sets trial for up to

for one year, and at the same time saves the offender supervision (sections 49 to 51).



(3) the offender, from whose punishment was conditionally waived, the Court may

Save the reasonable restrictions and reasonable obligations to

He led an orderly life; as a rule, he also saves, doing their best to replace

damage or repair the non-material damage caused by the criminal offence,

or to issue unjust enrichment obtained by the criminal offence.



(4) the Court may as the reasonable restrictions and reasonable obligations save

in particular, the



and undergo training to) obtain appropriate work qualifications,



(b)) to submit to an appropriate program of social training and re-education,



c) undergo treatment for addiction, that is not

the protective treatment under this Act,



(d)) to submit to an appropriate psychological counselling programmes,



e) to refrain from visits to unsuitable environment, sports, cultural and

other social events and contact with certain persons,



f) refrain from unauthorized interference with the rights or legally protected interests

other people,



g) to abstain from gambling, gambling on gambling and betting,



h) abstain from alcohol or other substance abuse

substances,



I pay the due maintenance) or other amount due,



j) publicly apologize in person to the victim, or



to provide adequate compensation to the victim).



(5) if the perpetrator in the age close to the age of minors, the Court may, in

the interest of the use of the educational influence of the family, schools and other entities

Save, either alone or in addition to reasonable restrictions and reasonable

the obligations referred to in paragraph 4, whether or not any of the educational measures

referred to in the Act on the judiciary in matters of youth for of the like use

the conditions laid down for the juvenile.



(6) if the offender, from whose punishment was conditionally waived

He led an orderly life during the trial period and complies with the imposed conditions, the said

the Court that has been proven; otherwise it will decide on the imposition of punishment, and that, where appropriate,

already during the trial period.



(7) if the Court has not made within one year of the expiry of the trial period

the decision referred to in paragraph 6, without the offender had on it, from whose


the punishment was conditionally waived, blame, it is considered that it has proven its worth.



(8) if it is alleged that the offender, from whose punishment was

conditionally waived, proved, or if it is considered that the works

staring back at him, as if he has been convicted.



Section 3



Supervision



§ 49



The concept and purpose of supervision



(1) the supervision of regular personal contact means of the offender with the clerk

The probation and mediation service (hereinafter referred to as "probation officer"), cooperation

When creating and implementing the plan of supervision of probation in trial period and

review of compliance with the conditions imposed on the offender by the Court or

resulting from the law.



(2) the purpose of supervision is



and the monitoring and control of the behavior) of the offender, which is ensured by the protection

the company and reduce the possibility of re-offending,



(b) the professional guidance and assistance) the offender to ensure that in the future

He led an orderly life.



(3) supervision of the offender performs a probation officer.



§ 50



The obligation of the perpetrator



The offender, who was saved by the sight, is obliged to



and work with a probation officer) in a way that his probation

the Clerk shall provide and fulfill the probation supervision plan,



(b)) the probation officer shall report in person to the within the time limits, which the probation

the Clerk shall provide



(c) inform the probation officer about) your stay, employment and resources

livelihood, compliance with a court imposed reasonable restrictions and reasonable

obligations and other relevant circumstances for the supervision of the designated

a probation officer,



(d) the probation officer) to allow entry to a dwelling in which he resides.



§ 51



Obligations and entitlements by a probation



(1) the probation officer shall perform supervision of the offender in

accordance with the established plan, be a probation he assisted in his

matters, and carry out the instructions of the President of the Senate seeking to exercise supervision

and to ensure that the offender him lead an orderly life. The probation officer is required to

probation plan updated regularly, taking into account the results of the

supervision and to personal, family, and other circumstances of the offender.



(2) if the offender violates, which was saved by the sight, seriously

the conditions of supervision, or probation or reasonable restrictions and plan

reasonable obligations, it shall inform the probation officer without undue

delay, the President of the Senate of the Court that the surveillance order. When a less severe

violation of the conditions imposed, probation plan or adequate

restrictions and reasonable obligations probation officer notifies the offender to

shortcomings and gives him the lesson that in the event of a repeat or

more serious violations of the conditions imposed, probation or plan

reasonable restrictions and reasonable obligations will inform

the President of the Senate.



(3) unless the President of the Chamber decides otherwise, processes the probation officer

at least once every six months a report, which shall inform the President

the Senate of the Court that the surveillance order, about the course of the performance of the supervision of

the offender, to compliance with the conditions imposed, probation and plan

reasonable restrictions and reasonable obligations was the perpetrator and his

proportions.



Section 4



Types of sentences and exceptional punishment



§ 52



Types of penalties



(1) for the committed offences, the Court may impose penalties



a) deprivation of liberty,



b) house arrest,



(c) charitable work)



d) confiscation of property,



e) a financial penalty,



f) forfeiture of things



g) prohibition of activities,



h) the prohibition of residence,



I) prohibition on entry to the sports, cultural and other social events,



j) loss of honorary degrees or awards,



the) loss of military rank,



l) expulsion.



(2) the penalty of deprivation of liberty means, unless otherwise provided by the criminal law,



a) imprisonment,



b) suspended sentence to imprisonment,



c) conditional prison sentence with supervision.



(3) a special type of imprisonment is an exceptional punishment (§ 54).



§ 53



Storing multiple punishments separately and next to each other



(1) if provided for in the criminal code for any offence a few sentences, you can

Save each sentence separately, or even more of these penalties in addition to

themselves. In addition to the punishment, which establishes criminal law for any criminal offence,

You can save other punishments referred to in § 52. However, you cannot save your home

jail next to the deprivation of liberty and community work, in General,

community work in addition to imprisonment, financial penalty in addition to confiscation of the

assets and a ban on residence next to the expulsion.



(2) the domestic prison, charitable work, a financial penalty, a ban on entry

on the sports, cultural and other social events, expulsion and prohibition of

the stay can be saved separately, even though the criminal code on any criminal

the Act does not provide for such punishment.



§ 54



Exceptional punishment



(1) an exceptional punishment means both a prison sentence of over twenty

up to thirty years, and the sentence of imprisonment for life. An exceptional

the punishment may be imposed only for particularly serious crime for which the criminal

the law allows.



(2) a term of imprisonment of twenty to thirty years, the Court may impose

only if the severity of the crime is very egregiously

High option or the offender is particularly obstructed.



(3) the penalty of life imprisonment, the Court may save only the perpetrators,

who committed a particularly serious crime of murder pursuant to § 140 para. 3, or

that while committing a crime of general threat particularly serious under §

272 para. 3, high treason (art. 309), a terrorist attack under section 311

paragraph. 3, terror (section 312), genocide (art. 400), an attack against humanity (§

401), use of a forbidden martial resource and illegal warfare

under section 411 of paragraph 1. 3, war cruelty under section 412 of paragraph 1. 3, persecution

the population according to § 413 paragraph. 3 or the abuse of internationally recognized and

national characters according to § 415 para. 3 intentionally caused the death of another person,

and under the conditions that



and) such particularly serious crime is extremely serious due to the particularly

zavrženíhodnému how to perform an act or to particularly reprehensible

motive or to particularly serious and difficult to napravitelnému effect and



(b) the imposition of such a penalty) requires effective protection of society or

There is no hope that the offender be able to fix the penalty of deprivation of liberty

over twenty to thirty years.



(4) if the Court imposes a sentence of imprisonment for life, can at the same time

decide that the period of enforcement of the sentence in the prison with increased security with

for the purpose of conditional release pending the enforcement of the sentence shall not be counted.



Section 5



Storage and performance of individual punishment



section 55



Deprivation of liberty



(1) an unconditional sentence of imprisonment shall be imposed for a maximum of twenty years,

If it is not an extraordinary increase in imprisonment (section 59),

imposing a sentence of imprisonment of the offender committed in

favour of the organized criminal group (section 108) or an exceptional punishment

(§ 54).



(2) for the offences for which an upper limit of imprisonment

not exceeding five years may be imposed imprisonment just for

conditions, that would save another offender sentence clearly

did not lead to the offender him lead an orderly life. For the crime of omission

mandatory nutrition pursuant to § 196 of paragraph 1. 1 or 2, you can save the punishment

imprisonment only on condition that the imposition of such punishment requires

effective protection of the company or there is no hope that the offender can be

fix other punishment.



(3) imprisonment shall be carried out in accordance with other legal

prescription in prisons.



§ 56



The sentence



(1) imprisonment is differentiated in

prison



and with supervision)



(b)),



(c)) with security, or



(d)) with increased security.



(2) the court usually assigns to the prison



and with the supervision of the offender,) which has been sentenced for an offence committed by the

negligence and which has not yet been sentenced for an intentional criminal

performance,



(b)), which supervised the offender has been sentenced for an offence committed by the

negligence and who has already been sentenced for an intentional criminal offence,

or the perpetrator, who has been sentenced for an intentional criminal act in

area of not more than three years and who has not yet been sentenced for the

an intentional criminal act,



(c)) with security of the perpetrator, which was the punishment for an intentional criminal

performance and are not at the same time satisfied the conditions for placement in the prison with supervision

or with increased security, and an offender who has been convicted of a misdemeanor

committed through negligence and was not included in the prison

to a prison with supervision or under supervision,



(d)) with increased security of the perpetrator, which was saved by an exceptional punishment

(section 54), which was liable to a penalty of imprisonment for a criminal offence committed by

in favour of the organized criminal group (section 108), which was

a particularly serious crime (art. 14 (3)) imprisonment in

at least eight years, or who has been convicted for an intentional criminal act

and in the last five years, escaped from custody or from prison.



(3) the Court may include the offender to prison of a different type than that to which the

to be classified, in accordance with paragraph 2 if in view of the seriousness of the offence

the crime and the degree and nature of the violation of the offender for it, that will be the effect on


him to lead an orderly life, in another type of prison better guaranteed; to

the prison is guarded, but always puts the offender was

imprisonment for life.



(4) the method of enforcement of the sentence in different types of prisons another

legal prescription.



§ 57



Reclassification of the convicted person to a prison of another type



(1) during the imprisonment, the Court may decide on the reassignment of

the convicted person to a prison of another type, which takes away from the prison, which has not yet

of the person's sentence carried out can vary by one degree.



(2) the reclassification of the convicted person to a prison with a more moderate regime decides to

the Court, if the behavior of the convicted person and the way they carry out their

duties, justify the conclusion that the redeployment will help to remedy it.



(3) the reclassification of the convicted person to a prison with a stricter regime, the Court may

decide if the



and the condemnation of the serious way) or repeatedly violated the established order

or discipline, or



(b)) was convicted of the person's criminal act which he committed

during the execution of a sentence.



(4) out of the prison with increased security, you cannot reassign



a convicted person who has been) imprisonment for life and

that still didn't exercise at least ten years of this sentence,



(b) the convicted person that) of another punishment performed in prison

safety, prior to the execution of at least one quarter of the sentence.



(5) to a prison with supervision and prison with supervision, you cannot reassign

the convicted person to be on the basis of a court decision to submit

protective treatment in constitutional form, or of the convicted person, which was saved

the penalty of expulsion.



(6) at the request of the convicted person, that he has done in the prison of a certain type

continuously for at least one-fourth of the sentence, but at least six

months, the Court may decide on its reclassification into a more moderate

the regime; This does not apply for the convicted person who has been sentenced

life imprisonment and shall exercise it in the prison with increased security.



(7) if the proposal referred to in paragraph 6 has been accepted, it can be convicted

Repeat until the expiry of six months from the end of the procedure for its

the previous proposal.



§ 57a



Conversion of imprisonment sentence of house arrest



The Court may, after the performance, half saved, or by decision of the President of the

The United States sweetened the imprisonment sentence of turn

for the offense the rest of the sentence in house arrest sentence, if convicted after the

the judgment, in particular in prison his behaviour and performance

their duties may prove to reform and to expect that from him in

the future will lead an orderly life. In the conversion of the penalty of imprisonment

house arrest nevykonaného every day the rest of the sentence

counts for the one day of the sentence of house arrest; the highest punishment

house arrest as provided for in § 60 para. 1, the Court is not bound.



§ 58



Extraordinary reduction of the penalty of deprivation of liberty



(1) if the Court Has given the circumstances of the case or due to circumstances

offender for it, that would be the use of imprisonment, criminal

It has been prescribed by law for the offender unreasonably strict and that can be

to reach the offender and the punishment of a shorter duration, can reduce the

imprisonment under the lower border of penalties this law

laid down.



(2) the Court may reduce the sentence of imprisonment under the lower border of the criminal

rates also if condemns the perpetrators of that help prevent

crime, which other prepared or attempted to, if

in view of the offender and the nature of the crime committed by him has

considers that the offender can be achieved, even penalty of shorter duration.



(3) the reduction of the imprisonment pursuant to paragraphs 1 and 2 cannot be saved

the punishment



and under five years), where the lower limit of imprisonment

at least twelve years,



(b)) under three years, if the lower limit of imprisonment

at least eight years,



c) under one year, if the lower limit of imprisonment

at least five years.



(4) the Court will reduce the sentence of imprisonment under the lower border of the criminal rates

the perpetrators also marked as a cooperating defendant, are met.

the conditions laid down in § 178a of paragraph 1. 1 code of criminal procedure and handed to

cooperating defendant, both in the pre-trial and in the proceedings before the

the Court full and true statement of the facts which are eligible

make a significant contribution to the clarification of the crime committed by members of organized

the group, in conjunction with an organised group or for the benefit of

organised criminal groups; taking into account the nature of the

the Act referred to in his confession in comparison with the crime committed by members of the

organized groups, in conjunction with an organised group or in

benefit organised crime group, to whose elucidation contributed,

on the importance of such negotiations, the person of the offender and the circumstances of the case,

in particular, whether and how he was involved in this crime, which

the clarification is committed to, and what the consequences of its behaviour or caused.

The limits laid down in paragraph 3 is not bound.



(5) the Court may reduce the sentence of imprisonment under the lower border of the criminal

rates also if condemns the perpetrators for the preparation of a criminal

the Act or an attempt by a criminal offence or for helping a criminal offence and has

due to the nature and severity of the preparation or attempt or help for

the use of imprisonment provided for by this Act was

for the offender unreasonably strict and that can be achieved by reforming the offender and

the punishment of a shorter duration. The limits laid down in paragraph 3 is not

bound.



(6) the Court may reduce the sentence of imprisonment under the lower border of the criminal

rates are also where the offender has acted in a legal error, but he could

This mistake should be avoided (§ 19 (2)), committed a crime odvraceje

attack or other danger, without having been fully met the conditions of the extreme emergency

(section 28) or necessary Defense (section 29) or exceeded the limits of the permissible

risks (§ 31) or other circumstances excluding illegality.

The limits laid down in paragraph 3 is not bound.



§ 59



The extraordinary increase in the imprisonment



(1) an Offender who has committed a particularly serious crime again (§ 14 para.

3), although it has already been for such or other particularly serious crime punished,

the Court may impose a sentence in the top half of imprisonment

provided for in the criminal code, whose upper limit is increased by one

third, if the severity of the crime is particularly serious in view of the

such relapses and the other circumstances of the case the High option or the

offender is obstructed.



(2) the upper limit of penalties of imprisonment may increase

referred to in paragraph 1 exceed twenty years. When you save an exceptional punishment

imprisonment of twenty to thirty years the upper limit

exceed thirty years.



section 60



House arrest



(1) the Court may impose a sentence of house arrest for up to two years, condemns the

perpetrators of the offence if



and) due to the nature and gravity of the committed offence and the person and circumstances

the offender, it may be reasonable to consider that the imposition of this penalty is sufficient, and

that, where appropriate, in addition to any other punishment, and



(b) the perpetrator can be written) a promise that in due time it will stay in

dwelling on the specified address, and in the performance of the checks will provide all

the necessary cooperation.



(2) as a separate sentence of house arrest sentence may be saved,

If due to the nature and gravity of the committed offence and the person and the

offender to save another punishment is not necessary.



(3) a sentence of house arrest consists in the obligation of the convicted person to remain

in the performance of this sentence in the specified dwelling or part thereof in the Court

a specified time period, unless his important reasons, in particular

employment or occupation or the provision of health services for

providers of health services as a result of his illness or injury;

provider of health services shall, at the request of law enforcement agency

criminal proceedings to disclose this fact.



(4) the Court shall determine the period of time in which the convicted person is obliged to

stay in the designated dwelling or any part thereof, on working days, in the days of

public holidays and public holidays, with particular reference to its

working time and to the time necessary for the journey to work, to care for the

the minor children and to deal with personal and family matters,

that, while ensuring all the necessary needs of the convicted person and his family it

reasonably have befallen on the loose. The Court may allow a convicted

attending regular church services or religious Assembly in

the days of public holidays and public holidays.



(5) the Court may impose on the offender for the duration of such detention reasonable

restrictions or reasonable obligations referred to in § 48 para. 4 in order to

make him lead an orderly life; as a rule, he also saved by their forces

the damage or repair the non-material damage, which is a criminal offence

or to issue unjust enrichment obtained by the criminal offence.



(6) in the case of the offender in the age close to the age of minors, the Court may, in

the interest of the use of the educational influence of the family, schools and other entities

Save, either alone or in addition to reasonable restrictions and reasonable


the obligations referred to in § 48 para. 4, whether or not any of the educational measures

referred to in the Act on the judiciary in matters of youth for of the like use

the conditions laid down for the juvenile.



§ 61



The conversion of the sentence of house arrest



If the offender at the time from conviction to completion of sentence

house arrest avoids incarcerated, without a serious reason

breach of the agreed terms of the enforcement of a sentence of house arrest, otherwise frustrates

the performance of this penalty or culpably does not exercise in due time stored

the punishment, the Court can turn, even during the period fixed for its performance,

the sentence of house arrest or the rest of the sentence of imprisonment and

at the same time decide on how its performance; While each even just started

one day nevykonaného sentence of house arrest is counted in one day

the deprivation of liberty.



§ 62



Charitable work



(1) the Court may impose the penalty of community service work, condemns the

offender for an offence; as a separate penalty may be subject to punishment in General

community service is stored, if due to the nature and severity of the

the committed offence and the person of the offender to save another penalty

There is no need.



(2) the punishment of community service work as a rule not be imposed with respect to

the offender, who was the punishment of community service work at the time of three years

prior to the imposition of this kind of penalty, converted into a prison sentence

freedom under section 65 paragraph 1. 2.



(3) the punishment of community service work consists in the obligation of the convicted person

perform work in the determined range for beneficial purposes

inherent in the maintenance of public areas, cleaning and maintenance of public

buildings and roads, or other activities for the benefit of municipalities, or in

benefit of the public or other non-profit institutions

dealing with education and science, culture, education, health,

fire protection, environmental protection, support and protection

Youth, animal protection, humanitarian, social, charitable,

religious, physical and sports activities. The work must not be used

profit-making purposes of the convicted person.



§ 63



In General, the penalty of community service area



(1) the punishment of community service, the Court may impose in the area from 50 to

300 hours.



(2) the Court may impose on the offender for the duration of the sentence and the reasonable restrictions and

reasonable obligations referred to in § 48 para. 4 in order to ensure that the led

ordinary life; as a rule, he also saved by their forces for the damage

or repair the non-material damage caused by the tort, or

issued unjust enrichment obtained tort.



(3) if the perpetrator in the age close to the age of minors, the Court may, in

the interest of the use of the educational influence of the family, schools and other entities

Save, either alone or in addition to reasonable restrictions and reasonable

the obligations referred to in § 48 para. 4, whether or not any of the educational measures

referred to in the Act on the judiciary in matters of youth for of the like use

the conditions laid down for the juvenile.



§ 64



Opinion of the offender and his medical fitness



When imposing a sentence of community service, the Court shall take into account, in General, to

opinion of the offender, to his State of health and to save options

This punishment. The punishment of community service in General not be imposed if the offender is

medically unfit to carry out continuous work.



§ 65



The sentence works of general interest



(1) generally beneficial work of the person shall be obliged to perform personally and

in his free time, free of charge, not later than two years from the date on which the Court

He ordered the execution of this penalty. By this time does not include time

that person's



and the work of general interest) could not exercise for health or legal

obstacles, or



(b)) was in custody or pursued a custodial sentence.



(2) if the offender at the time from conviction to completion of sentence

in General, the community does not lead an orderly life, avoiding the onset of exercise

the sentence, without a serious reason violates the agreed conditions of imprisonment

in General, community service, otherwise undermined the performance of this penalty or culpably

This is not exercised within the time penalty, the Court may transform even

during the period fixed for its execution, the punishment of community service work

or the rest of the



and) under the conditions of § 60 para. 1 in a sentence of house arrest, but each only

started one hour nevykonaného punishment of community service work

worth a day of house arrest,



(b)) in a financial penalty and, in case this was not within the prescribed period

sentence, provide for the replacement of imprisonment, which may not be

more stringent than the punishment that the perpetrators would be threatened if the conversion

the penalty of community service work in the imprisonment, or



(c)) in a prison sentence and decide at the same time about how its performance;

While each even started one hour nevykonaného punishment in General

community service is counted as one day of imprisonment.



(3) exceptionally, the Court may, in the circumstances of the case and the person

the convicted person leave the punishment of community service or

to extend the period of performance for this penalty to about six months, even if the person's

had cause to the conversion of the penalty referred to in paragraph 2, and



and lay down over the prisoners) for enforcement of the sentence or the rest of the

supervision,



(b) to the person for the time) determine the sentence or its remainder so far

unsaved reasonable restrictions or reasonable obligations referred to in § 48

paragraph. 4, or



(c) a prisoner for the period) determine the enforcement of the sentence or the rest of the some

of educational measures pursuant to § 63 para. 3, if it is in the age of middle age

adolescents.



On the performance of the supervision is to be used, mutatis mutandis, to section 49 to 51.



(4) The offender was liable to a penalty of community service work,

looks as if he has been convicted, as soon as the sentence was or was

the rest of the sentence or been abandoned.



§ 66



The confiscation of property



(1) the Court may in the circumstances of the committed offence and the circumstances

the offender is punishable by confiscation of property, if the offender to condemns

exceptional punishment or condemns it for a particularly serious crime, which

the offender for yourself or for someone else gained or tried to get

property benefits.



(2) without the conditions of paragraph 1, the Court may impose the penalty of confiscation of property

only in the case that the criminal law of the imposition of that penalty for the committed

crime permits; as a separate penalty may be the penalty of forfeiture of

the property is stored, if due to the nature and severity of the committed

of the offence and to the offender to save another punishment is not

should be.



(3) the confiscation of property of the convicted person or the entire property affects the

the part which the Court shall determine; the forfeiture shall not apply to funds

or the things that are necessary for the satisfaction of basic needs

the convicted person or persons in respect of which nutrition or education of the person referred to in

the law required.



(4) the statement about the confiscation of property shall cease the joint property of spouses.



(5) fell through the asset falls to the State.



§ 67



Financial penalty



(1) a court may impose a financial penalty if the offender for yourself or

for another vandalized obtained or tried to obtain

property benefits.



(2) without the conditions of paragraph 1, the Court may impose a fine only

the case that



and criminal law) imposition of that punishment for the committed offence

permits, or



(b)) it stores for the offense and because of the nature and severity of the committed

offense and the person of the offender imprisonment

at the same time does not.



(3) as a separate penalty may be a financial penalty saved, if

due to the nature and gravity of the committed offence and the person and the

offender to save another punishment is not necessary.



§ 68



Financial penalty area



(1) a financial penalty shall be imposed in daily rates and amounts to at least 20, and

the most 730 full daily rates.



(2) the daily rate is at least £ 100 and a maximum of $ 50,000.



(3) the Court shall determine the number of daily rates, taking into account the nature and gravity of the

committed the offence. The amount of the financial penalty of one daily rate

provides the Court with a view to personal and property circumstances of the offender.

While it is based on a rule of net income, which has, or would have

might have on average for one day.



(4) the Income of the offender, his estate and the income from it, as well as other

basis for determining the amount of a daily rate estimate may be made to the Court.



(5) the Court in its decision shall indicate the number and the amount of the per diem rate. If from

the offender according to his personal and financial circumstances to expect the

a financial penalty to pay immediately, it may provide that the financial penalty will be

paid in proportionate monthly installments; in so doing, may determine that

benefit payments financial penalty shall not apply if the offender fails to pay the

partial payment in a timely manner.



(6) the Court shall not impose a financial penalty, if it is clear that he was impregnable.



(7) the amount paid a financial penalty accounted for the State.



§ 69



Replacement of imprisonment



(1) if the Court Imposes a fine, provides for a case in

the prescribed period has not been executed, the substitute imprisonment of up to

four years. The punishment, however, may not substitute or together with imprisonment

imprisonment exceed the upper limit of the criminal rate.



(2) if the offender fails to do within the prescribed period a financial penalty, you may

the Court transform




and) under the conditions of § 60 para. 1 in a sentence of house arrest, or



(b)) in the punishment of community service.



(3) if the offender at the time of the conversion of financial penalty in punishment

house arrest or punishment of community service work to the end of the performance

This sentence does not lead an orderly life, avoiding the onset of its performance, without

serious breaches of the agreed terms of the reason its performance, otherwise frustrates his

performance or culpably this penalty in due time, the Court does not

Converts in replacement of imprisonment imposed pursuant to paragraph 1.



(4) The offender, which was saved by a financial penalty for the offense committed

through negligence, is considered as having been convicted as soon as punishment

executed or was from the enforcement of the sentence or the remainder of the final

abandoned.



section 70



Forfeiture of things



(1) the Court saved the penalty of confiscation, which the offender has obtained a criminal

of the offence or as a reward for him.



(2) the Court may impose the penalty of forfeiture of things



and that was used to) a criminal offence, or which was to

the offence intended, or



(b)) that the offender, if only in part, he had acquired a thing referred to in paragraph 1,

If the value of the matters referred to in paragraph 1 is not in relation to the value of the acquired

case is insignificant.



(3) the penalty of confiscation, the Court may impose, only if it is a thing belonging

the offender.



(4) if the offender is held contrary to the Ordinances the matter referred to in

paragraph 2, in respect of which it is possible to save the forfeiture of things saves him

the Court always even this punishment.



(5) prior to the legal prohibition of the transfer of the decision foreclosed things

that includes a ban on other dispositions aimed at thwarting the punishment

forfeiture of things.



(6) the thing Forfeited found State.



§ 71



Confiscation of replacement value



(1) if the perpetrator of the thing that the Court could declare a forfeit

under section 70, before the imposition of the penalty of forfeiture of things destroys, damages or

otherwise damaged, stolen, neupotřebitelnou, deletes, or makes

used, in particular, consume or otherwise frustrate the confiscation, the

the Court save the confiscation of replacement value, up to the amount which corresponds to the

the value of such things. The value of the things that the Court could declare a

forfeited, the Court may determine, on the basis of the professional representation or

the expert's report.



(2) If a thing, even if only in part, discarded, made neupotřebitelnou

or deleted, a court may impose the confiscation of replacement value next to

confiscation under section 70.



(3) the replacement value of the Forfeited found State.



§ 72



A separate penalty of confiscation



The penalty of confiscation, the Court may impose as a separate penalty only in

If the criminal law of the imposition of that penalty and if allowed

due to the nature and gravity of the committed offence and the person and the

offender to save another punishment is not necessary.



section 73



Prohibition of activities



(1) the Court may impose the penalty of disqualification for one year up to ten years,

If the offender has committed an offence in connection with this activity.



(2) the penalty of disqualification as a separate sentence, the Court may only store

in the event that the criminal law of the imposition of that punishment for the committed offence

the Act permits and if due to the nature and severity of the committed

of the offence and the person of the offender to save another punishment is not

should be.



(3) prohibition of activity lies in the fact that the sentence for

the performance of this punishment, prohibits the performance of a particular job, profession or

functions or activities, that is to be a special permit,

or the performance of another piece of legislation.



§ 74



The performance penalty of disqualification



(1) in the performance penalty of disqualification does not count towards the period of performance

penalties involving deprivation of liberty; However, being the period for which it was

the offender before the legal power of judgment, permission to activity that is

the subject of the prohibition, in connection with a criminal offence is withdrawn by another

law or on the basis of the measures of the public authority was not allowed

This activity.



(2) If a prohibition of the activity carried out, looking at the offender, such as

would not be convicted.



§ 75



The prohibition of stay



(1) the Court may impose a sentence banning residence for one year up to ten years for

an intentional criminal act, if required with respect to the way

the life of the offender and the place where the Act of the protection of public order,

family, health, morality or property; prohibition of residence shall not be

apply to a place or district, in which the offender permanent residence.



(2) the prohibition of stay can be saved as a separate penalty for

the offence to which the criminal law stipulates a prison sentence whose

the upper limit of the criminal rate does not exceed three years, if given the

the nature and severity of the committed offence and the person and the circumstances

the perpetrators of the imposition of any other punishment is not necessary.



(3) the Court may impose on the offender for the duration of such detention reasonable

restrictions and reasonable obligations referred to in § 48 para. 4 in order to

to lead an orderly life; as a rule, he also saved by their forces

the damage or repair the non-material damage, which is a criminal offence

or to issue unjust enrichment obtained by the criminal offence.



(4) if the perpetrator in the age close to the age of minors, the Court may, in

the interest of the use of the educational influence of the family, schools and other entities

Save, either alone or in addition to reasonable restrictions and reasonable

the obligations referred to in § 48 para. 4, whether or not any of the educational measures

referred to in the Act on the judiciary in matters of youth for of the like use

the conditions laid down for the juvenile.



(5) pending the execution of a sentence banning residence period of imprisonment

freedom in question; the decisions referred to in paragraphs 3 and 4 shall be at the Court until after the

a custodial sentence or a conditional release.



(6) prohibition of residence lies in the fact that the convicted person shall not for a period of

This performance penalty on a particular place or at a particular circuit; to

temporary stay in such a place or in such a circuit in need

personal matters are subject to authorisation.



§ 76



A ban on entry to the sports, cultural and other social events



(1) the Court may impose the penalty of the entry ban on sports, cultural and other

social events for up to ten years, if the offender has committed an intentional

the offence in connection with the visit of such action.



(2) as a separate penalty may be subject to punishment of the entry ban on sports,

cultural and other social events is stored, if due to the nature and

the severity of the committed offence and the person of the offender to save

another punishment is not necessary.



(3) prohibition of entry on the sports, cultural and other social events

lies in the fact that a prisoner in the performance of this punishment disables

participation in established sports, cultural and other social

events.



§ 77



The sentence an entry ban on sports, cultural and other social

action



(1) in the exercise of the person's sentence an entry ban on sporting, cultural

and other social events required to work with a probation officer

in a way that it provides, in particular, to follow the established

probation plan, to carry out the prescribed social training and

reeducation, psychological counselling programs, and if it

probation officer for the pilgrims, according to his instructions in the period

immediately related to the holding of prohibited actions to the specified service

Police of the Czech Republic.



(2) until the enforcement of the sentence of the entry ban on sports, cultural and other

social events each term of imprisonment does not count.



§ 78



The loss of the honorary titles or honors



(1) the Court may impose the penalty of loss of honorary degrees or awards,

condemns the offender for an intentional criminal act committed from separately

reprehensible motives to the imprisonment of at least

two years.



(2) loss of honorary degrees or awards lies in the fact that the person's

losing honors, honorable mentions and other honorary titles granted by

national legislation.



§ 79



The loss of military rank



(1) the Court may impose the penalty of loss of military rank, condemns the

offender for an intentional criminal act committed from a particularly reprehensible

motives to imprisonment for at least two years.



(2) the Court may impose this penalty in addition to any other punishment, also if it

due to the nature of the committed offence requires discipline and order in the

the armed forces.



(3) the loss of military rank lies in the fact that the prisoner reduces the

rank in the armed forces at the rank of private.



§ 80



The expulsion



(1) the Court may impose on the offender, who is not a citizen of the Czech Republic,

the penalty of expulsion from the territory of the Czech Republic, as a separate penalty

In addition to any other punishment or, if required by the safety of the people, or

property, or other general interest; as a separate penalty may be subject to punishment

expulsion is saved, if due to the nature and severity of the committed

of the offence and the person of the offender to save another punishment is not

should be.



(2) taking into account the nature and seriousness of the committed criminal offence,

remedies and offender and the degree of threat to the security

people, property or another general interest, the Court may impose a sentence

removal of from one year to ten years, or for a period of

an indefinite period.




(3) the Court shall not impose a penalty of expulsion, if



and) failed to determine the nationality of the offender,



(b)) the offender has been granted asylum or subsidiary protection by another

legislation,



(c)) the offender has on the territory of the United States permanent residency, has here

work and social facilities and the imposition of the penalty of expulsion would be contrary

interested in joining families,



(d)) the risk that the offender will be in the State, which should be

exiled, persecuted for their race, ethnic group,

nationality, membership of a particular social group, political or

religious beliefs, or if expulsion issued the offender

torture or other inhuman or degrading treatment or punishment,



(e)) the offender is a citizen of the European Union or his or her family member

regardless of nationality and has allowed in the Czech Republic

a permanent resident or a foreigner with a recognised legal status

the long-term resident in the territory of the United States under another

the law, if he does not find a serious threat to State security reasons

or public order,



f) the offender is a citizen of the European Union, and in the last 10 years

continuously resident on the territory of the Czech Republic, finds a serious reasons

threat to State security, or



g) the offender is a child who is a citizen of the European Union, unless the

the expulsion was in his best interest.



Section 6



The conditional sentence of imprisonment



§ 81



The conditional suspension of imprisonment



(1) the Court may conditionally postpone the execution of a sentence

nepřevyšujícího three years, if due to the person and circumstances

the perpetrators, in particular with regard to the previous life and

the environment in which he lives and works, and to the circumstances of the case it has to be reasonably

for that, to operate on the offender to lead an orderly life, there is no need

his performance.



(2) enable conditional delay prison sentence does not apply to

the performance of the other penalties imposed next to this sentence.



§ 82



The test time, the reasonable restrictions and reasonable obligations



(1) upon conditional sentencing the court sets a one-year trial period up to

five years; the trial period begins the legal power of judgment.



(2) the Court may impose a sentence of Conditionally reasonable restrictions and

reasonable obligations referred to in § 48 para. 4 in order to ensure that the led

ordinary life; as a rule, he also saved by their forces for the damage

or repair the non-material damage caused by the criminal offence, or

to issue unjust enrichment obtained by the criminal offence.



(3) if the perpetrator in the age close to the age of minors, the Court may, in

the interest of the use of the educational influence of the family, schools and other entities

Save, either alone or in addition to reasonable restrictions and reasonable

the obligations referred to in § 48 para. 4, whether or not any of the educational measures

referred to in the Act on the judiciary in matters of youth for of the like use

the conditions laid down for the juvenile.



(4) the period during which the person's trial led to conditionally orderly

life and complies with the imposed conditions, being included in the trial period of the newly

established in the conditional conviction for the same Act or the trial period

When you save the specified aggregate or summary punishment or common

the penalty for the continuation in the crime.



section 83



The decision on conditional sentencing



(1) if convicted during the trial led an orderly life and

comply with the imposed conditions, the Court that has been proven; otherwise,

shall decide, where appropriate, during the trial period, that is the punishment.

Exceptionally, the Court may, in the circumstances of the case and the person convicted

conditional keep in force, even if the convicted person had given the

the cause of the regulation of the enforcement of a sentence, and



and provide supervision over prisoners),



b) appropriately extend the trial period, but not by more than two years,

and shall not exceed the upper limit of the probationary period provided for in § 82

paragraph. 1, or



(c)) to establish yet unsaved reasonable restrictions and reasonable obligations

referred to in § 48 para. 4 in order to make him lead an orderly life.



(2) in the exercise of supervision shall be, mutatis mutandis, the provisions of § 49 to 51.



(3) if the Court has not made within one year of the expiry of the trial period

the decision referred to in paragraph 1, without the it had conditionally sentenced guilty

It is considered that conditionally sentenced.



(4) if it is alleged that convicted conditionally proved, or if the

behind it, that has worked well, looking at the offender, as it would not be

convicted.



(5) if the Court decides in accordance with paragraph 1, that the punishment be enforced, shall decide

at the same time about how enforcement of the sentence.



§ 84



Conditional deferred prison sentence with supervision



If you need to increasingly monitor and control the behavior of the offender and

provide it with the necessary care and assistance during the trial, the Court may, for the

the conditions specified in § 81 para. 1 conditionally postpone the execution of a prison sentence

freedom of the nepřevyšujícího three years, while voicing the supervision of

the offender. On the performance of the supervision is to be used, mutatis mutandis, the provisions of § 49 to 51.



§ 85



The test time, the reasonable restrictions and reasonable obligations



(1) upon conditional condemnation with the supervision of the court sets trial period

one year up to five years; the trial period begins the legal power of judgment.



(2) Conditionally convicted over which supervision has been established, the Court may

Save the reasonable restrictions and reasonable obligations referred to in § 48 para. 4

seeking to lead an orderly life; as a rule, he also saved to

According to their forces for the damage or repair the non-material damage, which

the offence caused, or to issue unjust enrichment obtained

a criminal offence.



(3) if the perpetrator in the age close to the age of minors, the Court may, in

the interest of the use of the educational influence of the family, schools and other entities

Save, either alone or in addition to reasonable restrictions or reasonable

the obligations referred to in § 48 para. 4, whether or not any of the educational measures

referred to in the Act on the judiciary in matters of youth for of the like use

the conditions laid down for the juvenile.



§ 86



The decision on conditional sentencing with supervision



(1) if convicted, in respect of which was torn by the sight,

He led an orderly life during the trial period and complies with the imposed conditions, the said

the Court that has been proven; otherwise decides, even during the trial

the time of that punishment. Exceptionally, the Court may, in the circumstances of

the case and the convicted person to leave the suspended sentence with supervision in the

validity, even if the convicted person had given cause for regulation of the enforcement of a sentence, and



and lay down over other convicted) obligations under the supervision of the saved



b) appropriately extend the trial period, but not by more than two years,

and shall not exceed the upper limit of the probationary period provided for in § 85

paragraph. 1, or



(c)) to establish yet unsaved reasonable restrictions and reasonable obligations

referred to in § 48 para. 4 in order to make him lead an orderly life.



(2) if the Court has not made within one year of the expiry of the trial period

the decision referred to in paragraph 1, without the it had conditionally sentenced guilty

It is considered that conditionally sentenced.



(3) if it is alleged that convicted conditionally proved, or if the

behind it, that has worked well, looking at the offender, as it would not be

convicted.



(4) if the Court decides in accordance with paragraph 1, that the punishment be enforced, shall decide

at the same time about how enforcement of the sentence.



§ 87



A similar use of the provisions on conditional sentencing



On the relationship of the conditional delay imprisonment to another

In addition to this penalty, punishment imposed pursuant to § 81 para. 2 and for course credit

the period during which the convicted conditionally with supervision led on probation

an orderly life, into a new probationary period pursuant to § 82 para. 4 is to be used, by analogy,

the provisions on conditional sentencing.



Section 7



Conditional release from imprisonment and the conditional

the abandonment of the rest of the performance penalty of disqualification, prohibition of residence, or

the ban on entry to the sports, cultural and other social events



§ 88



Conditional release from imprisonment



(1) the Court may convict conditionally released, if

convicted after the judgment, especially in the enforcement of the sentence to its

behavior and duties prove to reform and may from

He expected that in the future will lead an orderly life or the Court accepts the guarantee

for the completion of the axles of the convicted person, and



and he has done at least half of the person's) stored or according to the decision of the

the President of the United States sweetened the imprisonment, or



(b) the convicted person, who was not) convicted of a particularly serious crime and that

was not yet in imprisonment, he did at least one third of the

stored or according to the decision of the President of the United States sweetened

the imprisonment.



(2) if convicted misdemeanor showed her a star behavior and

fulfilment of their duties, the next sentence is not required, it can

Court conditionally released even before he performed the part of the sentence

the deprivation of liberty that is required for conditional release under paragraph 1.

The Court fails to comply with the proposal of the Director of the prison on conditional release


the convicted person to freedom, only if it is obvious that the convicted person after release

the liberty did not lead an orderly life.



(3) the Court when deciding on conditional release convicted for a crime

also take into consideration whether the convicted person in a timely manner, he joined a prison and

whether partially or totally replaced or otherwise repair the damage or injury

caused by the criminal offence or whether issued unjust enrichment obtained

a criminal offence. If the convicted person to exercise protective treatment before

the advent of the imprisonment or in its course, taking into account

the Court and the acting position of the convicted person for the performance of protective treatment.



(4) a person convicted of the crime of murder (art. 140), manslaughter under section 141

paragraph. 2, a maiming pursuant to § 145 of paragraph 1. 3, torture and

other inhuman and cruel treatment pursuant to section 149 paragraph. 4, illegal

interruption of pregnancy without the consent of the pregnant woman in accordance with § 159 paragraph. 3, 4,

wrongful removal of tissues and organs under section 164 paragraph. 3, 4,

human trafficking under section 168 paragraph. 4, 5, deprivation of liberty

under § 170 para. 2, 3, pursuant to section 172 of the introduction paragraph. 3, 4, robbery by

§ 173 paragraph. 3, 4, hostage taking under section 174 para. 3, 4, blackmail according

§ 175 paragraph. 3, 4, rape under § 185 paragraph 2. 3, 4, sexual

abuse under § 187 para. 3, 4, a general threat situation under section 272 para. 2,

3, the illicit manufacturing of and the other dealing with narcotic drugs and psychotropic

substances and poisons under § 283 paragraph. 4, gaining control over the air

means of transport, civil vessel and fixed platform (section 290),

the introduction of air transport to foreign countries pursuant to § 292 paragraph 2.

3, high treason (art. 309), Subversion (section 310), terrorist

attack (section 311), terror (section 312), sabotage (§ 314), spying under §

paragraph 316. 3, 4, war treason (section 320), a violent crossing

under section 339 paragraph boundaries. 3, organize and facilitate illegal

crossing the State border pursuant to section 340 para. 4, genocide (para. 400), attack

against humanity (§ 401), apartheid and discrimination of groups of people (§

402), aggression (§ 405a), preparation of the offensive war (section 406), contacts

against the peace (para. 409), use of a forbidden martial resource and

irregular warfare under section 411 of paragraph 1. 3, war cruelty (section 412),

persecution of the population (Section 413), looting in the area of operations (§

414) or abuse of internationally recognized and national characters according to § 415

paragraph. 3, as well as the person sentenced to exceptional imprisonment

over twenty to thirty years (art. 54 (2)) may be conditionally

released after the performance of two-thirds of the sentence of deprivation of liberty,

There is no if, having regard to the circumstances of the crime for which he was convicted, and

the nature of her personality or any similar repetition committed separately

serious crime.



(5) a person sentenced to exceptional imprisonment to life imprisonment

may be conditionally released only after at least twenty years of performance

of this, there is no penalty if, having regard to the circumstances of the crime, for which the

convicted and the nature of her personality repetition committed or other

like a particularly serious crime.



§ 89



Trial period and reasonable restrictions and reasonable obligations for conditional

the release of the



(1) upon conditional release provides the Court a trial period for inmates

for the offense to up to three years and convicted of a crime for one to seven

years of age; the trial period begins the conditional release of the convicted person to the

freedom. At the same time, the Court may pronounce the offender supervision and at the same time

Save to make in a defined part of the probationary period, following on from the beginning

the trial period, the offender had lingered in a specified time, in your dwelling, or

parts of it. On the performance of the supervision is to be used, mutatis mutandis, to section 49 to 51.



(2) Conditionally released to the Court may impose reasonable restrictions and

reasonable obligations referred to in § 48 para. 4 in order to ensure that the led

ordinary life; He can also save to doing their best for the damage

or repair the non-material damage caused by the criminal offence, or

to issue unjust enrichment obtained by the criminal offence. Conditionally

the laid-off pursuant to § 88 para. 2 the Court may impose, so that in the test

time he was kept in a specified time period or on your dwelling

part, or to perform work for the benefit of municipalities, State or other

non-profit institutions, or to provide a specified amount of money

on assistance to crime victims on behalf of the Court.



(3) the total duration of the intended stay, conditionally released in dwellings

referred to in paragraphs 1 and 2 shall not exceed one year, and even in the case of

the determination of a longer trial period. The performance of work referred to in paragraph 2 may be

set in an area of 50 to 200 hours. The amount of the financial assistance for victims

the criminal activities referred to in paragraph 2 shall be established in an area from 2 000 € to

10 000 000 CZK; in determining this amount, the Court shall take into account also the personal

and the wealth of the convicted person, and whereas it may provide that the

the specified amount will be paid in monthly installments proportionate.



§ 90



Conditional waiver from the rest of the performance penalty of disqualification, prohibition

stay or an entry ban on sports, cultural and other social

action



(1) after the performance, half the penalty of disqualification, prohibition of residence, or

the ban on entry to the sports, cultural and other social events, the Court may

conditionally refrain from performance of his the rest, if at the time of the person's

the sentence the way your life has shown that a further performance of the

the sentence is not necessary, or if the Court accepts the guarantee for the completion of the

the axle of the convicted person.



(2) when a conditional waiver from the rest of the performance penalty of disqualification,

the prohibition of residence or entry ban on sports, cultural and other

social events, the Court provides for a trial period of up to five years, but not

for less than the rest of the sentence; the trial period begins legal power

a decision on this.



§ 91



Common provisions



(1) If a convicted person or conditionally released, which conditionally

move away from the rest of the performance penalty of disqualification, prohibition of residence, or

the ban on entry to the sports, cultural and other social events, led in the

trial period an orderly life and complies with the imposed conditions, the Court

that has worked well; otherwise decides, even during the trial period,

that the rest of the sentence. Exceptionally, the Court may, in the circumstances of

the case and the convicted person to keep the conditional release of the person or

conditional waiver from the rest of the performance penalty of disqualification, prohibition

stay or an entry ban on sports, cultural and other social

actions in force, even if the convicted person had given the cause for decision

that the rest of the sentence, and



and yet over the prisoner) to establish an unsaved supervision,



b) appropriately extend the trial period, but not by more than two years,

and shall not exceed the upper limit of the probationary period provided for in § 89

paragraph. 1 or § 90 para. 2, or



(c)) to establish yet unsaved reasonable restrictions and reasonable obligations

referred to in § 48 para. 4 in order to make him lead an orderly life.



(2) if the Court Expressed that conditionally released or condemned for

which is conditionally refrain from performance of the rest of the penalty of disqualification,

the prohibition of residence or entry ban on sports, cultural and other

social events, proved, it shall be deemed that the sentence was executed on the date

He was conditionally released or when the decision came, that

conditionally waived the rest of the performance penalty of disqualification, prohibition

stay or an entry ban on sports, cultural and other social

the action.



(3) in the case of conditionally released or convicted person is conditionally

move away from the rest of the performance penalty of disqualification, prohibition of residence, or

the ban on entry to the sports, cultural and other social events, it is considered

that sentence was executed on the day when the conditional release or

When the decision came, that conditionally refrain from performance of the

the rest of the penalty of disqualification, prohibition or ban on entry to the

sports, cultural and other social events, even if it has not made a

the Court without his guilt within a year from the expiry of the probationary period in accordance with decision

of paragraph 1.



(4) Re-conditional release from the performance of the same punishment is possible after

the performance of half of the rest of the sentence and, in the cases referred to in § 88 para. 4 after the

performance of two-thirds of the rest of the sentence. Re-conditional release from

an exceptional sentence of life imprisonment is not possible.



(5) If a guarantee for the completion of the axles of the convicted person revoked by

who has provided, the Court shall examine the behavior of the convicted person during the trial period,

and if the Court finds that the conditional release or conditional waiver from the performance

the rest of the penalty of disqualification, prohibition or ban on entry to the

sports, cultural and other social events to fulfil its mission,

Decides that the rest of the sentence be enforced; otherwise the conditional release or

conditional waiver from the rest of the performance penalty of disqualification, prohibition

stay or an entry ban on sports, cultural and other social

the action leaves in place.



Section 8



Custody and punishment



§ 92



Custody and punishment



(1) if the criminal proceedings against the offender in custody and occurs in


This control to his conviction counts time spent in custody in the

the sentence, or to the penalty of the total or summary, if

is due to the type of sentence counting can be.



(2) if the offender has been punished by the Court or other authority, and

his new convictions for the same deed counts carried out punishment to

the sentence, if it is due to the type of sentence counting

possible. Similarly, the Court shall proceed, order the offender to a penalty or sum of the

Summary (section 43) or a common penalty for the continuation of the offence (section

45).



(3) If custody or punishment possible, the Court will take into account this

fact in determining the type of sentence or its acreage.



(4) the provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the counting used

preliminary, expended and carried forward binding under the law on

international judicial cooperation in criminal matters into the sentence imposed

for the same deed.



§ 93



Custody and punishment carried out abroad



(1) If for the same deed was the perpetrator in custody or in a foreign country

punished by the authority of a foreign State or an international judicial body,

counts time spent in custody or execution of punishment to punishment

saved by a Court of the United States, if it is because of the type of the stored

the penalty count possible. Similarly, the Court shall proceed, order the offender to

the sum of the penalty or summary (section 43) or a common punishment for continuation in the

Criminal Act (section 45).



(2) if the counting detention served abroad imposed (paragraph

1) possible, especially because in a foreign country was executed wholly or in part

the punishment of this kind, which the criminal code, the Court shall take into account, to this

fact in determining the type of sentence or its acreage.



Section 9



The demise of the sentence



§ 94



Limitation of enforcement of a sentence



(1) the penalty imposed cannot be enforced after the expiry of the limitation period, which shall be



a) thirty years, in the case of a conviction the exceptional punishment,



(b)) for twenty years, in the case of a conviction to imprisonment above

for ten years,



(c)) for ten years, in the case of a conviction to imprisonment for at least five

years of age,



(d)) five years when sentencing for any other punishment.



(2) the period of limitation begins legal power of judgment and conditional

conviction or conditional release legal decision that

the penalty enforced.



(3) The limitation period does not include the period during which it was not possible

sentence because he was convicted in a foreign country,

protective treatment inpatient or detention or security was on it

practiced another prison sentence. As regards the financial penalty, the prohibition of

activities, prohibition of residence, prohibition on entry to the sports, cultural and other

social events and expulsion, the limitation period is not counted whether or not

the time for which he was condemned to imprisonment, practiced and

with regard to the punishment of expulsion, the period during which the performance of the

interrupted.



(4) the period of limitation shall be interrupted,



and if the Court) has made arrangements for enforcement of a sentence, in respect of which the limitation period

It is, or



(b)) if convicted on the limitation period of offence to which the new

the Criminal Code provides for the punishment of the same or stricter.



(5) the interruption of the limitation period shall start a new period of limitation.



§ 95



Exclusion of limitation



A sentence imposed for the offences referred to in article 35 shall not be limited.



Part 3



Protective measures



Section 1



Guidelines for storing protection measures



§ 96



The principle of proportionality



(1) the Protective measures cannot be saved unless it is proportionate to the nature and

the offender committed the crime and the severity of the danger from the offender in

the future risk to the interests protected by criminal law, as well as the person

the offender and his circumstances.



(2) injury caused by stored and carried out by protective measures shall not be

more than is necessary to achieve its purpose.



§ 97



Save the protective measures



(1) safeguard measures may be imposed for the fulfillment of the legal terms and conditions

separately and in addition to the punishment.



(2) in addition to the sentence of a similar nature may be protective measures saved only,

If its a separate store was not sufficient in terms of

the action of the person that is stored, and the protection of society.



(3) if the conditions for the imposition of more protective measures can be

store them next to each other, if the criminal code does not provide for something else.

If, however, you can achieve the necessary action on the person that is being saved,

and appropriate protection of the company just one of them, the only such

protective measures.



(4) If you saved multiple protection measures next to each other, that cannot be

exercise at the same time, the Court shall determine the order of their performance.



Section 2



Measures of protection and storage



§ 98



Types of protective measures



(1) safeguard measures are protective treatment, security detention,

prevents things and protective education.



(2) storage of protective care regulated by the Act on the judiciary in matters

youth.



(3) protective treatment cannot be stored next to the security of the detention.



§ 99



Protective treatment



(1) the Court in the case of protective treatment stores referred to in § 40 paragraph 2. 2 and § 47

paragraph. 1, or if the perpetrator of the crime, otherwise a criminal is not for

insanity criminally responsible and his stay on freedom is dangerous.



(2) the Court may impose protective treatment, even if



and the perpetrator of the offence committed) in the State caused by a mental disorder and

his stay at liberty is dangerous, or



(b)) the offender who abuses an addictive substance, an offence under the

the influence of or in connection with its abuse; protective treatment

However, not be imposed if the offender due to obvious that its purpose

cannot be achieved.



(3) a court may impose protective treatment and in addition to the punishment or abandonment

from the punishment.



(4) according to the nature of the disease and treatment options Court saves the protective treatment

inpatient or outpatient. If it was in addition to the constitutional protection of healing

imprisonment, protective treatment shall be carried out by

the onset of imprisonment in prison. If the protective

Healing cannot be enforced when incarcerated in the prison,

constitutional treatment in a medical facility prior to joining performance

imprisonment, if the better to ensure that the purpose of the treatment,

otherwise, it shall be carried out in a medical facility after the performance, or other termination of

the imprisonment. Outpatient treatment is carried out as a rule

After the onset of imprisonment in prison; If the performance of the

ambulatory treatment in the prison guard cannot take place, the

after imprisonment. May not be sufficient if the length of the sentence

deprivation of liberty in the prison to fulfill the purpose of the protective treatment, the Court may

decide on its continuation in a health care facility providing

inpatient or outpatient care.



(5) the Court may change the Constitutional treatment in addition to outpatient treatment and

on the contrary. The Constitutional Court may change the protective treatment under the terms of § 100

paragraph. 1 or 2 to the security detention. Without the conditions of § 100 para. 1

or 2, the Court may change the constitutional protective treatment on security

detention, if stored and carried out protective treatment fails to fulfil his purpose

or does not provide sufficient protection for society, especially in the case that

the offender escaped from a medical institution, take violence against

employees of the medical device or to any other person in the performance of

the protective treatment or repeatedly refused performances of investigative or therapeutic

or otherwise showed a negative attitude to a protective treatment.



(6) protective treatment persists until it requires its purpose, but no longer than

two years; If it is not at this time treatment ended, the Court, before

the end of this period of her extension, even repeatedly, but always

a maximum of two more years; otherwise it will decide about the release of protective

healing. Duration of treatment imposed by paragraph 2 (a). (b))

may be terminated once during his performance, finds that his purpose

cannot be achieved; There is a danger that the convicted person commits another offence

Act, the Court in its decision to release from protective treatment stores

sentence of supervision of their conduct for up to five years; on the performance of

supervision is to be used, mutatis mutandis, the provisions of § 49 to 51. For the release of the

the protective treatment by the Court.



(7) since the performance of protective treatment, the Court shall refrain, if you pass away before his

the commencement of the circumstances for which it was saved.



§ 100



Security detention



(1) the Court in the case of security deposit the detention referred to in § 47 para. 2,

or if the perpetrator of the crime crime that would otherwise feed the characters

crime, insanity is not criminally responsible for his stay on the loose

It is dangerous and you can't expect it to be imposed protective treatment with

taking into account the nature of mental disorders, and options for action on the perpetrators

led to a sufficient protection of the company.



(2) the Court may impose a security detention due to the offender with

taking into account the previous life and its circumstances, even if the



the offender committed the crime) in a State of mental disorder caused by his

stay on the loose is dangerous and it cannot be expected that the stored trade

Healing with regard to the nature of mental disorders, and options for action on the


the offender has led to insufficient protection of the company, or



(b) the offender, that is) indulges the abuse of addictive substances, again he committed

crime, although it has already been for the crime committed by intoxicated or in

associated with its abuse sentenced to jail sentence

freedom for at least two years, and you cannot expect that it would be possible to

achieve the imposition of protective treatment of sufficient protection of society, and

even taking into account the already acting in the position of the offender to a protective

healing.



(3) the Court may impose a Security detention separately, when the abandonment of the

punishment, or in addition to punishment. If the security of the detention imposed

In addition to unconditional imprisonment, after the performance or

another their imprisonment. If the saved punishment

deprivation of liberty at the time of the performance of security detention, her performance on the

the performance of such imprisonment shall be discontinued. After the end of

the sentence continues in the performance of security detention.



(4) the Security of the detention shall be carried out at the Institute for performance security

special security detention and with therapeutic, psychological,

Educational, educational, rehabilitation, and činnostními programs.



(5) the Security of the detention will be until it requires protection

the company. The Court at least once every 12 months and adolescents

once every six months, will examine whether the reasons for its continued

still persist.



(6) the Court may change the Security detention in addition to the constitutional

protective treatment, no longer exist if the reasons for which it was stored, and are

at the same time satisfied the conditions for institutional protective treatment.



(7) since the performance of the security of the detention, the Court shall refrain, if you pass away before

the commencement of the circumstances for which it was stored.



§ 101



Prevents things



(1) unless the penalty the confiscation of the property referred to in section 70, the Court may

save that such a thing works,



and) belongs to the offender, which cannot prosecute or condemn,



(b)) belongs to the offender, from the punishment the Court dropped, or



c) threat to human security or assets, or the company

or there is a risk that it will be used to commit a crime.



(2) without the conditions of paragraph 1, the Court may save prevents things only in

If it is, though not immediate, the proceeds of an offence,

in particular, the



and if the case) was obtained by the criminal offence or as a reward for it, and

If the offender does not belong,



(b)) where the matter has acquired a person other than the offender or if it is part of the

the assets of the Trust Fund or mutual fund, and if it was acquired, even if

only in part, for the thing that was obtained by the criminal offence or as a reward

for him, if the value of things, which was obtained by the criminal offence or as

the reward for him, not in relation to the value of the acquired things insignificant, or



(c)) where the matter has acquired a person other than the offender or if it is part of the

the assets of the Trust Fund or mutual fund, and if it was acquired, even if

only in part, for the thing that the offender, if only in part, for the thing,

that was obtained by the criminal offence or as a reward for it, if

the value of the case, which was obtained by the criminal offence or as a reward for

It is not in relation to the value of the acquired things insignificant.



(3) where the offender or any other person in breach of other legal

Regulation of a matter referred to in paragraph 1 or 2, in respect of which it is possible to

Save prevents things saves him the Court always this protective measure.



(4) the Court may impose an obligation instead of preventing things



and the thing) so that it could not be used to socially

a dangerous purpose



(b)) to remove the specific device,



(c) the labelling or delete) make her change, or



(d)) to limit the layout with the things



and shall set a reasonable time limit to do so.



(5) if the obligation laid down under paragraph 4 within the period prescribed

are met, the Court will decide it will prevent things.



§ 102



Prevents the replacement values



If one thing could be taken pursuant to § 101 paragraph. 1 or 2,

before the decision to prevent it destroying, damaging or otherwise damaged,

steal, take neupotřebitelnou, deletes, or is removed, in particular

it consumes or otherwise frustrate or prevent it if stymie punishment

confiscation infringed the prohibition in § 70 para. 5,

where appropriate, stymie prevents things infringed the prohibition in § 104

paragraph. 2, the Court may impose prevents the replacement values of up to that

corresponds to the value of such things. The value of things, which could prevent the Court

Save, the Court may determine, on the basis of the professional representation or

the expert's report.



§ 103



Prevents files and devices



(1) the file or files with such content, whose deliberate dissemination when

knowledge of their content would be filled characters in any criminal offence

According to the criminal code, pursuant to § 101 paragraph. 1 take, if

at least one piece of the file has already been distributed, designed to spread or prepared.

At the same time it takes and the equipment used or intended to be formed of such

files, in particular printer, disk, form, composition, woodblock printing, negative, the matrix,

a computer program or copying equipment; the provisions of § 101 paragraph. 4 and

5 be used mutatis mutandis.



(2) prevent the only applies to the piece or pieces of the file, which are in the possession of

people participating in their distribution, or in their preparation for

the expansion of, or have been published by exposing, plakátováním, demonstration

or any other similar procedure, or by a mail order distribution yet

were not delivered to the recipient.



(3) Prevents the file or files referred to in paragraphs 1 and 2 shall be used, and

in the case where their deliberate dissemination when knowledge of their content

could be committed any crime in the case that there are

other circumstances that have not been filled in the case under consideration, and

prevents the file or files is also necessary, in order to avoid their

illegal distribution.



§ 104



The effect of preventing



(1) a thing seized, occupied by replacement value of lost file or device

It seems to State.



(2) the provisions of § 70 para. 5 shall be used for the deposit prevents things

and for the imposition of obligations under § 101 paragraph. 4; the prohibition on alienation applies here

until the obligation under § 101 paragraph. 4, and unless this

the obligation is fulfilled, until the decision about preventing things (§ 101

paragraph. 5).



TITLE VI OF THE



DELETION OF CONVICTION



§ 105



Conditions for the deletion of conviction



(1) the Court used a shotgun to condemnation, led to the condemnation after the performance or discharge of

the sentence or after the limitation of his orderly life performance for a continuous period

at least



and) fifteen years, in the case of a conviction the exceptional punishment,



(b)) of ten years, in the case of a conviction to imprisonment above

five years,



(c)) five years in the case of a conviction to imprisonment above

one year,



d) three years, if it is a sentence of imprisonment nepřevyšujícímu

one year, or to the penalty of expulsion,



e) one year, if the conviction sentence of house arrest, was sentenced to

the confiscation of property, to the penalty of confiscation, to the prohibition of stay, to

penalty entry ban on sports, cultural and other social events

or relative sentence for an intentional criminal act.



(2) in the case of a conviction to the loss of honorary degrees or awards or to

the loss of military rank, the period referred to in paragraph 1 in accordance with the length of the

imprisonment, next to which was referred the penalty saved.



(3) if the person's demonstrated performance or waiver of punishment or

limitation of its performance to its very good behaviour, that is, can

the Court, taking into account the interests protected by criminal law to cover

the conviction at the request of the convicted person or the person who is entitled to offer

guarantee for the completion of the axles of the convicted person, even before the expiry of the period referred to in

paragraph 1.



(4) the period referred to in paragraph 1 shall, in the event that conditionally

released is considered, that the sentence was executed on the day on which the convicted person was

conditionally released, controls the length of the actual sentence; in the case of

that sentence was commuted by a decision of the President of the United States, is governed by the

the length of the sentence following the sweetened.



(5) if the offender more sentences next to each other, not conviction

Subsequently, if the elapsed time for the expungement of punishment, to whose

deletion of this Act provides for the longest.



(6) the provisions of paragraph 5 shall also apply mutatis mutandis to the case where

the offender was stored next to each other more, which may

This Act occur effect that the perpetrators would not be considered as

convicted.



(7) even if the period referred to in paragraph 1, convictions cannot be

cover, if not yet done, or otherwise terminated the stored trade

measures; This provision shall apply even where the criminal code

stipulates that the perpetrator of the visor, as if he has been convicted.



Section 106



Effects of expungement



If there was a condemnation of the zahlazeno, looking at the offender, as it would not be

convicted.



TITLE VII



SPECIAL PROVISIONS RELATING TO CERTAIN PERPETRATORS



§ 107



The perpetrator of the criminal offence committed for the benefit of organized crime

Group



(1) the author of the offence committed for the benefit of organized

a criminal group (section 129) is the one who has committed an intentional criminal act as

the organized criminal group, or the person who committed such act


knowingly a member of organized criminal groups or intend to

organized criminal group to assist.



(2) the fact that the perpetrator of the criminal offence committed as a member of

organized groups or in conjunction with an organized group, shall not prevent the

provide, under the conditions laid down by this Act was at the same time

involved as a perpetrator of a crime committed in favour of the

organised criminal groups.



section 108



Imposing a sentence of imprisonment of the offender committed in

benefit of organized criminal groups



(1) the upper limit of penalties of imprisonment provided for in

the criminal code is for the perpetrator of the crime committed in favour of the

organised crime group increased by one-third. Such

offender Court saves the imprisonment in the top half as follows

provided for imprisonment, if they are not met

conditions for the extraordinary reduction of the imprisonment pursuant to section 58.



(2) the upper limit of penalties of imprisonment may increase

referred to in paragraph 1 exceed twenty years. When you save an exceptional punishment

imprisonment of twenty to thirty years the upper limit

exceed thirty years.



section 109



Juveniles



Criminal responsibility of minors and the penalties to be imposed on them regulated by the Act on the

the judicial system in matters of youth. If the law on the judicial system in matters of

youth does not provide otherwise, the procedure under this Act.



TITLE VIII



INTERPRETATIVE PROVISIONS



§ 110



The criminal law



Criminal law means that law and depending on the nature of things and the law on the

the judicial system in matters of youth and the law on the criminal liability of legal

people and proceedings against them.



§ 111



The concept of crime



Criminal offence means an offence indictable only offence and, if from an individual

provisions of the criminal law otherwise requires, whether preparing for

offence, the attempt of the criminal offence, organizátorství, instruction and assistance.



§ 112



The omission of



Negotiation means and the omission of such a meeting, to which the offender has been

obliged to under another law, the official decision or

the Treaty, as a result of the voluntary acceptance of the obligation to perform, or

result if such a specific obligation it from his previous

threatening behaviour or which was otherwise under the circumstances

and their circumstances required.



§ 113



The concept of offender



The offender shall mean, unless from the individual provisions of the criminal

the Act of something else, and the accomplice and the participant.



section 114



Specific and special body



(1) if the Commission of the offence the criminal code requires special

property, or the status of the offender, the offender can be

or an accomplice to the crime, only the person who has the required

property, eligibility or status. The perpetrator or an accomplice

the offence of the military under title twelfth special section of this

the law can be just a soldier.



(2) if the law stipulates that the perpetrator must be the bearer of a special

characteristics, eligibility or qualification, it is sufficient that the Special

property, eligibility or status are given for legal entities

on whose behalf the perpetrator. This provision applies even if



and if the offender) occurred before the formation of the legal person,



(b)) If a legal person was, but the Court decided on the invalidity of

a legal person, or



(c)) if the legal action, which was to start negotiations for permission to

legal person, invalid or ineffective.



(3) the organiser, návodcem or Assistant an offence referred to in

paragraphs 1 and 2 may also be a person who does not have a property eligibility

or the position there is required.



(4) Where this Act talks about the soldier, meant to cover



a) soldier on active service,



(b)) a soldier outside the active status, if the staff uniform



(c) the national security corps) for offences of disobedience,

warrant (art. 375), insubordination of negligence (art. 376), an insult

among soldiers (section 378), an insult to the soldiers by force or threat of violence

(section 380), insult the soldier of the same rank of violence or threat of violence (§

380), violence against a superior (section 380), violation of the obligations of the guardian

Services (para. 389), violation of the obligations of the Supervisory Board or other services (para. 390) and

the creation, support and promotion of movements aimed at suppressing the rights and

freedoms under section 403 paragraph 1. 2 (a). (c)), or



(d)), a prisoner of war.



(5) Where this Act talks about military service or military

the obligations shall mean a service or duty to persons referred to in

paragraph (4).



section 115



Svémocné remote



The arbitrary, who



and) does not compete in the time allotted for the performance of services,



b) moves away from the performance of services without permission,



(c)) is separated in combat situations from the place of performance of the service, and after removal of the

the causes of rejection of any Manager or logs on another

military service, even in the case of the return from captivity or after

liberation from captivity.



§ 116



Continuing offence



Continuing offence means such behaviour, the individual

Sub attacks the single intention of being fulfilled, albeit in summary,

merits of the same offence, are associated with the same or

similar to the way you perform, and close to the context of the time and context

in the subject of the attack.



§ 117



Public offence



Offence is committed publicly, if committed



and printed materials or content) which the file, film, radio,

tv, a publicly accessible computer network, or other similarly

in an effective manner, or



(b)) at the same time for at least three persons present.



§ 118



Committing a crime with a gun



The offence is committed with a firearm, if the offender or with his knowledge

one of the accomplices used weapons to attack, to overcome or

avoid resistance or if it has to do so; weapons are here

means, unless the individual provisions of the criminal code does not imply something

another, anything is possible to make an attack on the body to take stronger.



§ 119



Committing a crime of violence



Offence is committed even if the violence is committed on the person by

the offender has entered the State of defencelessness of deceit or any other similar way.



§ 120



Putting someone in a misleading and use one's mistake through

technical equipment



Bring someone to mislead or take advantage of one's mistake and interference can be

computer information or data, interference with the software

computer, or performing other operations on your computer, the interference with the

electronic or other technical devices, including intervention in the

objects that are used to control the device, or the use of such

operation or such an intervention carried out by the other.



§ 121



Burglary



Burglary means intrusion into the confined space, the illegal

by locking or by other protection barriers to using

forces.



§ 122



Bodily harm and grievous bodily injury



(1) on human health is a State of záležející in malfunction

health or another disease, that a violation of the normal physical or

mental functions makes it difficult, not just for a short time, usually

the way of life of the injured party and that requires medical treatment.



(2) the Severe injury to health means just a serious health disorder or other

a serious disease. Under these conditions, the severe damage to health



and, mayhem)



(b)) the loss or substantial reduction of fitness for work,



c) paralysis of limb



(d) loss or substantial weakening of) functions of sensory organs,



(e) damage to an important authority)



f) disfigurement,



g) induction of abortion or the killing of the fetus,



h) excruciating hardships, or



I) longer lasting health disorder.



§ 123



Mental disorder



Mental disorder means outside of mental disorders resulting from mental

sickness and deep consciousness disorder, mental retardation, severe antisocial

personality disorder or other mental or sexual deviation.



§ 124



The State is saved and recognized by the obligation of professional secrecy



The state saved or recognized an obligation of secrecy shall be deemed

the confidentiality that is saved or recognized by other legislation. For

State recognized obligation of confidentiality under criminal law

does not consider such an obligation, the extent of which is not defined by any other legal

Regulation, but stems from the legal act issued on the basis of another

legal regulation.



section 125



A person nearby



Person means a relative in the tribe live, the adoptive parent,

osvojenec, sibling, husband and partner; another person in the ratio of family

or the equivalent are deemed to be the person each other only in

If the injury sustained by one of them, the other reasonably felt as

injury of its own.



§ 126



Child



Child means a person under eighteen years of age, if the criminal code

provides otherwise.



§ 127



Official person



(1) an official person is



and the judge)



(b)) the Prosecutor



(c)) the President of the Czech Republic, the Czech Parliament Deputy or Senator

of the Republic, the Government of the Czech Republic or any other person who performs a

a function in another public authority,



d) Councillor or official territorial self-government, authority


Government or other public authority,



(e) national armed forces), or security corps, or Constable

municipal police,



(f)), the bailiff in the performance of enforcement actions and activities

carried out on behalf of the Court or the Prosecutor,



g) a notary when carrying out the operations in the management of heritage as a court Commissioner,



h) financial arbiter and his Deputy,



I) a natural person who was appointed as a forest guard, the guard of nature,

mysliveckou guards or fishing guard,



If you carry out the tasks of the State or the company and using the assigned

powers for the implementation of these tasks.



(2) for criminal liability and protection of an official by

the provisions of the criminal code requires that the crime was committed in the

the context of its powers and responsibilities.



(3) the official person of a foreign State or an international organization for

the conditions referred to in paragraphs 1 and 2 are considered official by the

the criminal code, if an international agreement so provides or if the

the consent of the authorities of the Czech Republic operates on its territory; This consent

is not required in the case of an official international criminal court,

the International Criminal Tribunal, International Realty

of the judicial authority, which meet at least one of the conditions specified in §

paragraph 145. 1 (b). and) of the international judicial cooperation in matters

criminal.



§ 128



Insolvency practitioners and insolvency proceedings



(1) the insolvency administrator is understood to include a preliminary insolvency administrator,

the representative of the insolvency administrator, separate insolvency practitioner, special

the insolvency practitioner; the position of the insolvency administrator has administrator

in bankruptcy, interim receiver, special

the receiver, receiver representative, and

composition of the administrator. Insolvency administrator also means a person

under another law insolvency administrator has specified that it

represented in the exercise of its powers provided for in other legislation

on the territory of another State, a foreign insolvency practitioner, foreign

the insolvency administrator of the insurance or reinsurance undertaking and the person referred to in

other legislation of foreign insolvency practitioner or the foreign

the insolvency practitioner appointed by insurance or reinsurance undertaking to

helped or arsenal.



(2) the insolvency proceedings "means bankruptcy and self-determination as well.



§ 129



Organized criminal group



Organised crime group is a community of more than one person with the internal

organizational structure, with the allocation of functions and activities of the Division, which is

focused on the systematic perpetration of an intentional crime.



§ 130



An addictive substance



The addictive substance means alcohol, narcotic substances, psychotropic substances and

other substances eligible adversely affect the psyche of man or his

control or cognition or social behavior.



§ 131



A public document



(1) a public document means a Charter issued by a court in the Czech Republic,

another public authority or other body authorized to do so or

entitled to other legislation within the limits of its jurisdiction confirming

that it is a regulation or a statement of the authority or other body

a deed issued, or certifying any legally significant fact.

The Charter is a public document that declares the public another

legal prescription.



(2) the protection referred to in paragraph 348, provides both a public document issued by the authority

a public authority or other authorized body of the foreign State, or

authority of an international organization if it has under international treaties

effects on the territory of the Czech Republic.



§ 132



Generally beneficial equipment



In spite of the public means a protective device against

fire, flood or other natural disaster, defensive or protective

equipment against air and other similar attacks or their consequences,

the protective device against leakage of pollutants, devices

energy or water, submarine cable or submarine pipelines,

device and network of electronic communications and telecommunications terminal and

radio equipment, the holder of the postal licence,

public transport, including railways and railway vehicles in the public

railway transport and vertical road signs prohibitions or commands

and road signs regulating priority.



§ 133



Dwelling



Means a dwelling house, apartment or other space used for housing and

accessories which belong to them.



§ 134



Thing



Things means and natural power controllable. The provisions on the matters

apply to live animals and processed separate parts of the human body,

If it is not apparent from the individual provisions of the criminal code for something else.



§ 135



The thing belonging to the offender



The thing belongs to the offender, if at the time of the decision on her own, it is

part of its assets or with her de facto as the owner or the owner of the

treated without the legitimate owner, the owner or keeper of such things

I know.



§ 136



The writings of



The writings of means of data, audio and video records, images, and other

representation, unless the individual provisions of the criminal law

something else.



§ 137



Determine the amount of damages



In determining the amount of damages is based on the price at which the thing that

was the subject of an attack at the time and in the place of the crime usually sells. If you cannot

follow these steps to determine the amount of damage, it is reasonably incurred costs on

provision of the same or similar things, or putting things in the previous state.



§ 138



Boundary harm, benefit costs, the cost to eliminate damage to the environment

environment and the value of the thing



(1) the damage rather than the slight means damage reaching amounts at least 5

USD, not small damage means damage reaching at least amount

25 000 CZK, greater loss means the damage reaching at least 50 amounts

USD, a significant loss means the damage reaching at least 500 amounts

000 CZK and the harm large-scale means damage reaching at least

the amount of $ 5 000 000.



(2) the amounts referred to in paragraph 1 shall apply mutatis mutandis to the determination of the amount of the

benefit costs, to eliminate the consequences of environmental damage

and the value of the thing.



§ 139



Computation of time



Where this law unites with the expiry of a certain period any effect

It does not count the day the event occurred which determines its start.



PART TWO



A SPECIAL SECTION



TITLE I OF THE



OFFENCES AGAINST THE LIFE AND HEALTH



Part 1



Offences against life



§ 140



Murder



(1) Whoever intentionally kills another, shall be punished by imprisonment for ten

up to 18 years of age.



(2) Whoever intentionally kills another with care or after previous discretion,

shall be punished by imprisonment for 12 to 20 years.



(3) imprisonment for fifteen to twenty years or an exceptional punishment

the offender will be punished if he commits an act referred to in paragraph 1 or 2



and) on two or more persons,



(b)) on a pregnant woman,



(c)) on the child under 15 years of age,



(d)) on the official person in the performance of, or for the performance of its powers,



(e)) on the witness, expert or interpreter in connection with the performance of their

obligations,



(f)) in the performance of the worker on the medical health care jobs

or occupation in order to save the life or protect the health or

on another, which fulfils its obligation to protect life equivalent,

health or property arising out of his employment, profession, position

or function or imposed on him by law,



g) on another for its real or supposed race, membership of a

ethnic group, nationality, political belief, religion or because

that is actually or supposedly non-religious,



(h)),



I) particularly raw or harrowing, or



j) intends to acquire for himself or for another property benefits or in

an attempt to cover up or facilitate another offense or other reprehensible

the motives.



(4) preparation is punishable.



§ 141



The killing of



(1) Whoever intentionally kills another strong agitation from the fear, terror,

confusion or another excusable movement of the mind, or as a result of

previous zavrženíhodného discussions of the damaged, will be punished with the penalty

to three years of imprisonment up to ten years.



(2) imprisonment for five to fifteen years, the offender will be punished,

commit any of the acts referred to in paragraph 1



and) on two or more persons,



(b)) on a pregnant woman, or



(c)) on the child under 15 years of age.



§ 142



The murder of a newborn child by the mother



A mother who in the excitement caused by childbirth, intentionally killed at birth

or immediately after their newborn baby, will be punished by imprisonment

freedom for three years to eight years.



§ 143



Death from negligence



(1) Whoever negligently causes the death of another, shall be punished by imprisonment

freedom for up to three years or prohibition of activity.



(2) imprisonment for one to six years, the offender will be punished,

commit any of the acts referred to in paragraph 1 because they violated an important

obligation arising out of his employment, profession, position or

function or stored according to the law.



(3) imprisonment of two years to eight years, the offender will be punished,


commit any of the acts referred to in paragraph 1 because they grossly violated the laws of the

the protection of the environment or occupational safety laws or

transport or hygiene laws.



(4) imprisonment for three years to ten years the offender will be punished,

If the offence referred to in paragraph 3, the death of at least two people.



§ 144



Participation in the suicide



(1) whoever else moves to suicide or another to suicide helps, will be

punished, if there has been at least attempted suicide, imprisonment of up to

three years.



(2) imprisonment of two years to eight years, the offender will be punished,

commit any of the acts referred to in paragraph 1 to a child or a pregnant woman.



(3) imprisonment for five to twelve years of age the offender will be punished,

commit any of the acts referred to in paragraph 1 to a child under the age of fifteen years or

on the person in mental disorder.



Part 2



Offences against health



§ 145



Grievous bodily harm



(1) whoever else deliberately causes severe injury to health, shall be punished

imprisonment for three years to ten years.



(2) imprisonment for five to twelve years of age the offender will be punished,

commit any of the acts referred to in paragraph 1



and) on two or more persons,



(b)) on a pregnant woman,



(c)) on the child under 15 years of age,



(d)) on the witness, expert or interpreter in connection with the performance of their

obligations,



(e)) in the performance of the worker on the healthcare medical job

or occupation in order to save the life or protect the health or

on another, which fulfils its obligation to protect life equivalent,

health or property arising out of his employment, profession, position

or function or imposed on him by law,



f) on another for its real or supposed race, membership of a

ethnic group, nationality, political belief, religion or because

that is actually or supposedly non-religious,



g) again, or after he committed another particularly serious crime associated with

intentional causing of severe personal injury or death, or his attempt,

or



h) of reprehensible motives.



(3) imprisonment for eight to sixteen years of age the offender will be punished,

If the offence referred to in paragraph 1 death.



(4) preparation is punishable.



§ 146



Bodily injury



(1) Whoever intentionally hurt another on health, shall be punished by imprisonment

for six months to three years.



(2) imprisonment for one to five years, the offender will be punished,

commit any of the acts referred to in paragraph 1



and the pregnant woman),



(b) the child under the age of fifteen) years,



(c)) on the witness, expert or interpreter in connection with the performance of their

obligations,



(d)) on the medical worker in the performance of the health care employment

or occupation in order to save the life or protect the health or

on another, which fulfils its obligation to protect life equivalent,

health or property arising out of his employment, profession, position

or function or imposed on him by law, or



e) on another for its real or supposed race, membership of a

ethnic group, nationality, political belief, religion or because

that is actually or supposedly non-religious.



(3) imprisonment of two years to eight years, the offender will be punished,

If the offence referred to in paragraph 1 a severe injury to health.



(4) imprisonment for five to ten years the offender will be punished,

If the offence referred to in paragraph 1 death.



§ 146a



Injury to health from excusable motives



(1) whoever else intentionally causes bodily harm in a strong agitation from the

fear, terror, confusion or other excusable or in the mind

as a result of previous negotiations, the injured party will be zavrženíhodného

punished with a penalty of imprisonment of up to one year.



(2) imprisonment of up to three years, the offender will be punished, if he causes

offence referred to in paragraph 1 a severe injury to health.



(3) whoever else deliberately causes severe injury to health in a strong agitation

out of fear, terror, confusion or other excusable or in the mind

as a result of previous negotiations, the injured party will be zavrženíhodného

punished with a penalty of imprisonment of up to four years.



(4) imprisonment for one to six years, the offender will be punished,



and if the offense commits a) referred to in paragraph 3 to two or more persons,



(b)) if such act committed on a pregnant woman, or



(c)) where such offence committed on a child under the age of 15 years.



(5) the imprisonment of two years to eight years, the offender will be punished,

If the offence referred to in paragraph 1 or 3 of the death.



§ 147



Grievous bodily harm through negligence



(1) Whoever negligently causes other severe injury to health,

punished by imprisonment up to two years or prohibition of activity.



(2) imprisonment for six months to four years, or financial penalty

the offender will be punished if he commits an act referred to in paragraph 1, therefore, that

violated the obligation arising out of his employment, profession,

position or function or imposed on him by law.



(3) Whoever negligently causes severe injury to health at least two people

because they grossly violated the law on the protection of the environment or

laws on work safety or transport or hygiene laws, the

punished by imprisonment for two to eight years.



§ 148



Bodily injury by negligence



(1) Whoever recklessly to hurt another on health by breach of an important

obligation arising out of his employment, profession, position or

function or stored according to law, shall be punished by imprisonment of up to

for one year, or ban.



(2) Whoever negligently causes bodily injury of at least two people

because they grossly violated the law on the protection of the environment or

laws on work safety or transport or hygiene laws, the

punished with imprisonment of up to three years.



Part 3



Offences endangering life or health



§ 149



Torture and other inhuman and cruel treatment



(1) Whoever through torture or other inhuman and cruel treatment in the context of

with the exercise of the powers of the authority of the State administration, local authorities, the Court or

another public authority operates another physical or mental suffering,

shall be punished by imprisonment for six months to five years.



(2) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as an official person,



(b) if he commits such) acts on the witness, expert or interpreter in the

connection with the performance of their duties,



(c)) where such offence committed on another for its real or supposed race,

ethnic group, nationality, political beliefs,

religion or because it is actually or supposedly non-religious,



(d)) commit such act with at least two persons, or



(e)) if he commits such act to be reused.



(3) imprisonment for five to twelve years of age the offender will be punished,



and if the offense commits a) referred to in paragraph 1 on a pregnant woman,



(b) if he commits such) acts on a child under the age of fifteen years,



(c)) where such offence commits a particularly raw or harrowing, or



(d)) if he causes such a severe injury to the health of the crime.



(4) imprisonment for eight to eighteen years, the offender will be punished,

If the offence referred to in paragraph 1 death.



(5) preparation is punishable.



§ 150



Failure to provide assistance



(1) a person Who is in danger of death or signs of serious

health disorder or other serious illness, does not provide the necessary

help, though it can do so without danger to himself or another, it will be

punished with imprisonment of up to two years.



(2) a person Who is in danger of death or signs of serious

health disorders or serious illness, fails to provide the necessary assistance, though

Depending on the nature of his employment is required to provide such assistance, the

punished with imprisonment of up to three years or prohibition of activity.



§ 151



Hit-and-run driver of means of transport



The driver of the means of transport after a traffic accident, on whom he had

participation shall be granted to a person who has suffered injury in the accident on the health,

the necessary assistance, though can do so without danger to himself or another,

shall be punished by imprisonment for up to five years or prohibition of activity.



§ 152



The spread of contagious human disease



(1) Whoever wilfully causes or increases the danger of the introduction or extension of the

infectious diseases in humans, will be punished by imprisonment for six months

up to three years, ban or forfeiture of things.



(2) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if such act committed during a State of emergency or a war

the State, for a natural disaster or other events seriously life-threatening

or human health, to public order or property,



(c) if such breaches) Act an important obligation arising from its

employment, profession, position or function or stored according

of the Act, or



(d)) if he causes such a severe injury to the health of the crime.



(3) imprisonment for three years to ten years the offender will be punished,

If the offence referred to in paragraph 1 a severe injury to the health of at least

two persons or death.



(4) imprisonment for five to twelve years of age the offender will be punished,


If the offence referred to in paragraph 1, the death of at least two people.



(5) preparation is punishable.



§ 153



The spread of contagious human disease through negligence



(1) Whoever negligently causes or increases the danger of the introduction or

expansion of infectious diseases in humans, will be punished with imprisonment of up to

one year ban or forfeiture of things.



(2) imprisonment for six months to three years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 for the State of emergency or for

State of war, a natural disaster or other events seriously threatening

life or human health, to public order or property,



(b) if such breaches) Act an important obligation arising from its

employment, profession, position or function or stored according

of the Act, or



(c)) if he causes such a severe injury to the health of the crime.



(3) imprisonment for one to six years, the offender will be punished,



and if the offence) cause referred to in paragraph 1, or death



(b) if the offence) cause referred to in paragraph 2 (a). (b)) a severe injury to

health.



(4) imprisonment of two years to eight years, the offender will be punished,

commit any of the acts referred to in paragraph 3 because they grossly violated the laws on

protection of public health.



(5) the imprisonment of three years to ten years the offender will be punished,

If the offence referred to in paragraph 1, the death of at least two people because

the rules on grossly violated the protection of public health.



§ 154



Common provisions



The Government provides what is considered contagious human diseases.



§ 155



Threats to sexual diseases



Who else will issue, even through negligence, the risk of sexual diseases, diseases

shall be punished by imprisonment for up to one year.



§ 156



The challenges to the health of the objectionable food and other items



(1) Whoever in violation of other legislation has for sale or for this

purpose produces or successive, or other food or other deliberately affix

items whose ingestion or use for the usual purpose is dangerous

to human health, shall be punished by imprisonment for up to two years, ban

activity or forfeiture of things.



(2) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if such act committed during a State of emergency or a war

the State, for a natural disaster or other events seriously life-threatening

or human health, to public order or property,



(c) if such breaches) Act an important obligation arising from its

employment, profession, position or function or stored according

of the Act, or



(d)) if he causes such a severe injury to the health of the crime.



(3) imprisonment for three years to ten years the offender will be punished,

If the offence referred to in paragraph 1 a severe injury to the health of at least

two persons or death.



(4) imprisonment for five to twelve years of age the offender will be punished,

If the offence referred to in paragraph 1, the death of at least two people.



(5) preparation is punishable.



§ 157



The challenges to the health of the objectionable food and other items from the negligence



(1) Whoever in violation of other legislation has for sale or for this

purpose produces or successive or different affixes from negligence of the food or

other articles the ingestion or use for the purpose is

dangerous to human health, shall be punished by imprisonment for up to six

months, ban or forfeiture of things.



(2) imprisonment of up to two years the offender will be punished,



and if the offense commits a) referred to in paragraph 1 for the State of emergency or for

State of war, a natural disaster or other events seriously threatening

life or human health, to public order or property,



(b) if such breaches) Act an important obligation arising from its

employment, profession, position or function or stored according

of the Act, or



(c)) if he causes such a severe injury to the health of the crime.



(3) imprisonment for one to five years, the offender will be punished,



and if the offence) cause referred to in paragraph 1, or death



(b) if the offence) cause referred to in paragraph 2 (a). (b)) a severe injury to

health.



(4) imprisonment of two years to eight years, the offender will be punished,

commit any of the acts referred to in paragraph 3 (b). and) because seriously violated

hygienic or other laws relating to such food or

subjects.



(5) the imprisonment of three years to ten years the offender will be punished,

If the offence referred to in paragraph 1, the death of at least two people because

grossly violated sanitary or other laws regarding such food

or articles.



§ 158



The brawl



(1) Whoever intentionally endangering the life or health of another that will participate in the

fights, will be punished by imprisonment for up to one year.



(2) imprisonment for six months to five years or financial penalty

the offender will be punished if the Act referred to in paragraph 1 to another

caused by severe damage to health.



(3) imprisonment of two years to eight years, the offender will be punished,

If it is in the Act referred to in paragraph 1 to another caused by death.



Part 4



Crimes against pregnant women



§ 159



Illegal termination of pregnancy without the consent of the pregnant woman



(1) Whoever, without the consent of the pregnant woman artificially interrupted her pregnancy, it will be

punished by imprisonment for two to eight years.



(2) imprisonment for three years to ten years the offender will be punished,



and if the offense commits a) referred to in paragraph 1 on the woman under the age of eighteen years,



(b)) if such act committed using violence, threats of violence, or

threats to other heavy injury



(c)) where such offence committed zneužívaje distress or pregnant women,



(d)) commit such act again, or



(e)) if he causes such a severe injury to the health of the crime.



(3) imprisonment for five to twelve years of age the offender will be punished,

If the offence referred to in paragraph 1 a severe injury to the health of at least

two persons or death.



(4) imprisonment for eight to sixteen years of age the offender will be punished,

If the offence referred to in paragraph 1, the death of at least two people.



(5) preparation is punishable.



§ 160



Illegal abortion with the consent of the pregnant woman



(1) Whoever, with the consent of the pregnant woman artificially interrupted her pregnancy otherwise

than the way recognised by the law on abortion,

will be punished by imprisonment for one to five years or prohibition

activity.



(2) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 on the woman under the age of eighteen years,



(b)) if such offense for himself or for another substantial benefit,



(c)) if such is committing acts consistently, or



(d)) if he causes such a severe injury to the health of the crime.



(3) imprisonment for three years to ten years the offender will be punished,

If the offence referred to in paragraph 1 a severe injury to the health of at least

two persons or death.



(4) imprisonment for five to twelve years of age the offender will be punished,

If the offence referred to in paragraph 1, the death of at least two people.



(5) preparation is punishable.



§ 161



Help a pregnant woman to abortion



(1) who helps a pregnant woman to



and her pregnancy itself) artificially, or



(b)) else asked or allowed to be artificially during pregnancy

broken otherwise than in the manner permitted under the Act on an artificial interruption

pregnancy, shall be punished by imprisonment for up to one year.



(2) imprisonment for six months to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 against a woman below the age of eighteen years,

or



(b)) if offence will contribute to severe injury in a pregnant woman.



(3) imprisonment for one to six years, the offender will be punished,

will contribute to the offence referred to in paragraph 1 to the death of a pregnant woman.



§ 162



The seduction of pregnant women to abortion



(1) who seduces a pregnant woman to



and her pregnancy itself) artificially, or



(b)) else asked or allowed to be artificially during pregnancy

broken otherwise than in the manner permitted under the Act on an artificial interruption

pregnancy, shall be punished by imprisonment for up to two years.



(2) imprisonment for six months to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 against a woman below the age of eighteen years,



(b) if he commits such) Act zneužívaje distress or pregnant women,

or



(c)) if offence will contribute to severe injury in a pregnant woman.



(3) imprisonment for one to six years, the offender will be punished,

will contribute to the offence referred to in paragraph 1 to the death of a pregnant woman.



§ 163



Common provisions



A pregnant woman that her pregnancy herself artificially broken or another

requests or permits, it is not for such an act to be punishable, even according to the

the provisions of návodci and Assistant.



Part 5



Offences related to unauthorised handling of human tissues and

authorities, the human embryo and human genome



§ 164



Unauthorized removal of tissues and organs



(1) Whoever in violation of Ordinances makes another of his body

sampling of tissue, cell or organ, will be punished by imprisonment for two

years to eight years.




(2) the same shall be punished who in conflict with other legislation for

himself or for another, affix, offer, take, take

or removed through human tissue, cell, or when the human body of

the body of a living person, or with this kind of tissue, cell or otherwise, the authority

loading.



(3) imprisonment for five to twelve years of age, or forfeiture of property will be

the offender is punished,



and if the offense commits a) referred to in paragraph 1 or 2 of the child,



(b)) if such act committed using violence, threats of violence, or

threats to other heavy injury



(c)) where such offence committed zneužívaje distress or dependencies,



(d)) commit such act on at least two persons,



(e)) if he commits such an act again,



(f)) if he commits such act as a member of an organized group,



(g)) if he causes such a severe injury to the health of the offence, or



h) if such offence obtains for himself or for another substantial benefit.



(4) imprisonment for eight to sixteen years of age, or forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2 of the child under the age of fifteen

years of age,



(b) if he commits such) acts in conjunction with organised group operating in

more States



(c)) if he causes the death of such Act, or



(d)) if such offense for himself or for another favor large

the range.



(5) preparation is punishable.



§ 165



Illegal disposal of tissues and organs



(1) Whoever in violation of Ordinances makes of dead body

human tissue, cells or subscription to the authority, shall be punished by imprisonment

up to two years or prohibition of activity.



(2) the same shall be punished who intend to enrich themselves or other

handles removed human tissue, cell or taken human

authority in a conflict with other legislation.



(3) imprisonment for one to five years or by forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2,



(b) if he commits such) acts as a member of an organized group, or



(c)) gets such offense for himself or for another substantial benefit.



(4) imprisonment of two years to eight years, or forfeiture of property

the offender will be punished,



and if the offence), referred to in paragraph 1 or 2, for himself or for another

benefit of large extent, or



(b) if he commits such) acts in conjunction with organised group operating in

more States.



§ 166



Tissue sampling, authority and perform transplants for consideration



(1) Whoever in violation of other legislation to another or for another

offers, promises or grants a fee for receiving tissue or organ from his

of the body or the implementation of transplantation, shall be punished by imprisonment of up to

for five years.



(2) the same shall be punished, who himself or through another in

connection with the collection of the tissue or organ transplantation or in carrying out

for himself or for another, accepts or requests the promise's consideration in

conflict with other legislation.



(3) imprisonment for three years to ten years, or forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b)) if in connection with such offence to severe injury to health, or



(c)) if such Act was committed against a child.



(4) imprisonment for five to twelve years of age, or forfeiture of property will be

the offender is punished,



and if the offense commits a) referred to in paragraph 1 or 2, in conjunction with organised

Group operating in multiple States,



(b)) if in connection with the offence, or



(c)) where such offence committed against a child under 15 years of age.



§ 167



Illegal disposal of human embryo and human genome



(1) Whoever in violation of Ordinances



and research) will use the human embryo or a greater amount of human

embryonic stem cells, or lines,



(b)) takes or takes the human embryo or a greater amount of human

embryonic stem cells, or lines, or



c) transfers the human genome into cells of another species or vice versa,



shall be punished by imprisonment for up to three years or prohibition of activity.



(2) the same shall be punished,



and who does the surgery) towards the creation of a human embryo for another

purpose than to transfer to the female body,



(b)) who transfers created the human embryo in the uterus of another animal

the species, or



(c)) who during the research on human embryonic stem cells

performs the manipulation with these cells to create new

the human individual (reproductive cloning).



(3) imprisonment of up to three years, eight years or forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b)) if such act committed repeatedly, or



(c)) gets such offense for himself or for another substantial benefit.



(4) imprisonment for five to twelve years of age, or forfeiture of property will be

the offender is punished,



and if the offense commits a) referred to in paragraph 1 or 2, in conjunction with organised

Group operating in multiple States, or



(b)) if such offense for himself or for another favor large

the range.



(5) preparation is punishable.



TITLE II



OFFENCES AGAINST THE FREEDOM AND RIGHTS OF PUBLICITY, PRIVACY, AND

POSTAL SECRECY



Part 1



Offences against freedom of



§ 168



Trafficking in human beings



(1) Whoever induces, procures, hires, lures, seduces, shunts, hide,

restrains, the child or issue to him was used



and) other sexual intercourse or other forms of sexual abuse

or harassment or for the production of pornographic works,



(b)) other subscribing to the tissue, cell or organ of the body,



(c)) to serve in the armed forces,



(d)) to slavery or servitude, or



e) to forced labour and other forms of exploitation, or



who is the prey of such actions,



shall be punished by imprisonment for two years and ten years.



(2) the same shall be punished who another person than referred to in paragraph 1 for the

the use of violence, threats of violence or other serious detriment or contrivance, or

zneužívaje its mistake, distress, or dependencies, directs, procures, hires,

lures, seduces, shunts, hide, restrains, accepts or issues to be

used



and) other sexual intercourse or other forms of sexual abuse

or harassment or for the production of pornographic works,



(b)) other subscribing to the tissue, cell or organ from her body,



(c)) to serve in the armed forces,



(d)) to slavery or servitude, or



e) to forced labour and other forms of exploitation, or



who is the prey of such action.



(3) imprisonment for five to twelve years of age, or forfeiture of property will be

the offender is punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b)) if such offence to another at risk of severe injury to persons or

death,



(c)) where such offence committed intends to get for himself or for another considerable

benefit, or



(d)) commit such act intend to another was used for prostitution.



(4) imprisonment for eight to fifteen years or by forfeiture of property will be

the offender is punished,



and if the offence) cause referred to in paragraph 1 or 2 of a severe injury to health,



(b) if he commits such) action plan to get for himself or for another

benefit of large extent, or



(c)) if such acts committed in connection with an organized group active in

more States.



(5) the imprisonment of ten to eighteen years of age, or forfeiture of property

the offender will be punished, if he causes offence referred to in paragraph 1 or 2

death.



(6) the preparation is punishable.



§ 169



The child into another



(1) who entrusted the child to reward able to another for the purpose of adoption, or for

other similar purpose, shall be punished by imprisonment for up to three years, or

prohibition of activity.



(2) imprisonment of two years to eight years, or forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if he causes such a severe injury to the health of the offence,



(c)) where such offence committed repeatedly, or



(d)) commit such Act intends to acquire for himself or for another considerable

benefit.



(3) imprisonment for three years to ten years, or forfeiture of property

the offender will be punished,



and if the offence) cause referred to in paragraph 1 death,



(b) if he commits such) action plan to get for himself or for another

benefit of large extent, or



(c)) if such acts committed in connection with an organized group active in

more States.



§ 170



Deprivation of liberty



(1) whoever else without permission, imprisoning or otherwise get rid of personal

freedom, shall be punished by imprisonment for two to eight years.



(2) imprisonment for five to twelve years of age the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if such act committed on another for its real or supposed race,

ethnic group, nationality, political beliefs,

religion or because it is actually or supposedly non-religious,



(c)) if he causes such offence to physical or psychological suffering,



(d)) if he causes such a severe injury to the health of the offence, or



(e)) if he commits such Act intends to acquire for himself or for another considerable

benefit.



(3) imprisonment for eight to sixteen years of age the offender will be punished,




and if the offence) cause referred to in paragraph 1, or death



(b) if he commits such) action plan to get for himself or for another

benefit of large extent.



(4) preparation is punishable.



§ 171



Restriction of personal freedom



(1) whoever else without permission prevents the taking of personal freedom, the

punished with imprisonment of up to two years.



(2) imprisonment of up to three years, the offender will be punished if he commits

the Act referred to in paragraph 1 intended to facilitate another offense.



(3) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if such act committed on another for its real or supposed race,

ethnic group, nationality, political beliefs,

religion or because it is actually or supposedly non-religious,



(c)) if he causes such offence to physical or psychological suffering,



(d)) if he causes such a severe injury to the health of the offence, or



(e)) if he commits such Act intends to acquire for himself or for another considerable

benefit.



(4) imprisonment for three years to ten years the offender will be punished,



and if the offence) cause referred to in paragraph 1, or death



(b) if he commits such) action plan to get for himself or for another

benefit of large extent.



§ 172



The introduction of the



(1) Whoever, by force or another threat of violence or other injury to lead the

abroad, or causes to be removed to another country, or turns away

Since returning from abroad will be punished by imprisonment for two to eight years

years of age.



(2) as well, who else would be punished, violence or threat of violence

or other injury to the lead from abroad to the Czech Republic, or it causes,

to the United States, or it turns away from returning from the United

of the Republic.



(3) imprisonment for five to twelve years of age the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b)) if such act committed on another for its real or supposed race,

ethnic group, nationality, political beliefs,

religion or because it is actually or supposedly non-religious,



(c)) if he causes such offence to physical or psychological suffering,



(d)) if he causes such a severe injury to the health of the offence, or



(e)) if he commits such Act intends to acquire for himself or for another considerable

benefit.



(4) imprisonment for eight to sixteen years of age the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 of the death, or



(b) if he commits such) action plan to get for himself or for another

benefit of large extent.



(5) preparation is punishable.



§ 173



Robbery



(1) Whoever, against another shall be used violence or threats of imminent violence

intend to seize control of Foreign Affairs, shall be punished by imprisonment for two

years to ten years.



(2) imprisonment for five to twelve years of age the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if he causes such a severe injury to the health of the offence,



(c)) if he causes considerable damage to such offence, or



(d)) commit such act intend to allow or facilitate the perpetration

the offence of high treason (art. 309), a terrorist attack (section 311) or

terror (section 312).



(3) imprisonment for eight to fifteen years, the offender will be punished,

If the offence referred to in paragraph 1, the damage of great magnitude.



(4) imprisonment of ten to eighteen years, the offender will be punished,

If the offence referred to in paragraph 1 death.



(5) preparation is punishable.



§ 174



Hostage taking



(1) who takes hostages and threatened to have him killed, or that it causes

injury or other serious injury, with the aim of forcing another to do something

held, or suffered from neglect, shall be punished by imprisonment for two years

up to ten years.



(2) imprisonment for five to twelve years of age the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if such Act held hostage child,



(c)) if such a crime the hostages, multiple people



(d)) if he causes such a severe injury to the health of the offence, or



(e)) if he commits such Act intends to acquire for himself or for another considerable

benefit.



(3) imprisonment for eight to fifteen years, the offender will be punished,

commit such Act intends to get for himself or for another favor

a large scale.



(4) imprisonment of ten to eighteen years, the offender will be punished,

If the offence referred to in paragraph 1 death.



(5) preparation is punishable.



§ 175



Blackmail



(1) whoever else violence, threat of violence or threat of other serious detriment

forcing something took place, or suffered from neglect, shall be punished by imprisonment

freedom for six months to four years, or financial penalty.



(2) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if such act he commits at least two persons,



(c)) if such acts committed with a firearm,



(d)) if he causes considerable damage to such offence,



(e)) if he commits such act on the witness, expert or interpreter in the

connection with the performance of their duties, or



(f)) if he commits such act on another for its real or supposed race,

ethnic group, nationality, political beliefs,

religion or because it is actually or supposedly non-religious.



(3) imprisonment for five to twelve years of age the offender will be punished,



and if such) will cause offence to severe injury to health,



(b) if he commits such) action plan to allow or facilitate the perpetration

the offence of high treason (art. 309), a terrorist attack (section 311) or

terror (section 312), or



(c)) if he causes damage to a large extent in such a crime.



(4) imprisonment for eight to sixteen years of age the offender will be punished,

If the offence referred to in paragraph 1 death.



(5) preparation is punishable.



§ 176



Restrictions on freedom of religion



(1) Whoever by violence, threat of violence or the threat of other injury



and forcing another to participate) on a religious act,



(b)) staying another without permission from such participation, or



(c)) to the other in the use of the freedom of religion, otherwise



shall be punished by imprisonment for up to two years.



(2) imprisonment for one to five years or a financial penalty will be

the offender is punished, commit any of the acts referred to in paragraph 1



and at least three persons), or



(b)) with a weapon.



§ 177



Oppression



(1) whoever else makes, zneužívaje his distress, or according to

held, or suffered from neglect, shall be punished by imprisonment for up to one

year or ban.



(2) imprisonment for six months to three years, the offender will be punished,



and if the offence) cause referred to in paragraph 1, the considerable damage, or



(b) if he commits such) action plan to get for himself or for another considerable

benefit.



(3) imprisonment for one to five years or a financial penalty will be

the offender is punished,



and if the offence) cause referred to in paragraph 1, the damage of great magnitude, or



(b) if he commits such) action plan to get for himself or for another

benefit of large extent.



§ 178



Violations of domestic freedom



(1) Whoever unlawfully enters the dwelling of another or unlawfully

It remains, will be punished by imprisonment for up to two years.



(2) imprisonment for six months to three years, the offender will be punished,

If used in the Act referred to in paragraph 1, or threats of violence

imminent violence or to surpass the barrier whose purpose is

prevent intrusion.



(3) imprisonment for one to five years or a financial penalty will be

the offender is punished, if used in the Act referred to in paragraph 1

violence or threats of imminent violence, and such a deed is

weapons or with at least two persons.



Section 179



Violations of freedom of Association and Assembly



(1) whoever else violence, threat of violence or threat of other serious detriment

limits on the exercise of its right of Assembly, the rights or

punished by imprisonment up to two years or prohibition of activity.



(2) who are in connection with the Assembly, which shall be subject to the notification

obligations, by force or threat of imminent violence hate

known to the convener or designated organizers measures such

the Assembly, shall be punished by imprisonment for up to one year.



Part 2



Offences against the rights of publicity, privacy, and postal

the secret of



§ 180



Unauthorized handling of personal information



(1) Whoever, even through negligence, unlawfully publish, communicate, make available,

otherwise handles or appropriates the personal data that have been about another

collected in connection with the exercise of public authority, and causes the serious

harm to the rights or legitimate interests of the person to whom the personal data

concerned, shall be punished by imprisonment for up to three years or a ban

activity.



(2) the same shall be punished who, even through negligence, violates state

saved or recognized obligation of secrecy by wrongly

publish, communicate or make available to third parties personal information obtained in the

connection with the exercise of their profession, occupation or function, and causes

the serious harm to the rights or legitimate interests of the person to whom the

the personal information relates.



(3) imprisonment for one to five years, financial penalty

the offender will be punished with ban,




and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b)) if such act committed by the press, film, radio, television, public

accessible computer network or other similarly effective manner,



(c)) if he causes considerable damage to such offence, or



(d)) commit such Act intends to acquire for himself or for another considerable

benefit.



(4) imprisonment for three years and eight years, the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 of the damage of great magnitude,

or



(b) if he commits such) action plan to get for himself or for another

benefit of large extent.



§ 181



Damage to the foreign rights



(1) Whoever causes serious prejudice to the other rights by



and mislead someone), or



(b)) makes use of one's mistake



shall be punished by imprisonment for up to two years or prohibition of activity.



(2) imprisonment of up to three years, the offender will be punished,



and if the offence) cause referred to in paragraph 1, the other major damage to the

rights,



(b)) if such offense for himself or for another substantial benefit,

or



(c) if) publishes in such crime as an official person.



(3) imprisonment for six months to five years, the offender will be punished,



and if the offence) cause referred to in paragraph 1 to another injury to the rights of the

a large scale, or



(b)) if such offense for himself or for another favor large

the range.



§ 182



Violation of secrets of the transported messages



(1) Whoever intentionally violates any of the secrets



and a closed worksheet or other) documents in the provision of postal

service or another service, or transported, the means of

the device,



(b)) of the data, text, voice, sound or image message sent

through the electronic communications network and assignable to the

identified party or user receives the message, or



(c) the non-transmission of computer data) into a computer system,

or under it, including electromagnetic emissions from a computer

a system that carries such computer data,



shall be punished by imprisonment for up to two years or prohibition of activity.



(2) the same shall be punished who intend to cause other damage or

cause to yourself or another unauthorized benefit



and) giveaway secrets of the, of which he learned from the document, telegram,

a phone call or transmission through a network of electronic

communication, which was not intended for him, or



(b)) of such secrets.



(3) imprisonment for six months to three years or a ban on the activities of the

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b) if he commits such) Act of reprehensible motives,



(c)) if he causes considerable damage to such offence, or



(d)) commit such Act intends to acquire for himself or for another considerable

benefit.



(4) imprisonment for one to five years or a financial penalty will be

the offender is punished,



and if the offense commits a) referred to in paragraph 1 or 2, as the official person,



(b)) if he causes any damage to such offence, or a large scale



(c)) where such offence committed intends to get for himself or for another

benefit of large extent.



(5) an employee of a postal service, telecommunications services

or computer system or any other performing communication

activities, which



and he commits the Act) referred to in paragraph 1 or 2,



(b)) other intentionally allows to commit such Act, or



(c) amend or suppress a document) that is contained in a postal consignment, or

transport facilities being shipped or report to be filed by non-

transmission of computer data, by phone, by telegram or by any other

in a similar way,



will be punished by imprisonment for one to five years, cash

penalty or ban.



(6) to imprisonment for three years to ten years the offender will be punished,



and if the offence) cause referred to in paragraph 5, the large-scale damage, or



(b) if he commits such) action plan to get for himself or for another

benefit of large extent.



§ 183



Violation of the secrecy of documents and other documents kept in private



(1) Whoever unlawfully violates the secrecy of the Charter or other document,

photos, film or another record, computer data or other

document held in the privacy of another by post,

shall make available to a third party or otherwise it will be punished

imprisonment of up to one year, ban or forfeiture

things.



(2) imprisonment of up to two years, ban or forfeiture

case the offender will be punished, commits the crimes referred to in paragraph 1 in

plan to get for himself or for another asset or other benefit,

cause other damage or other serious harm or compromise its

social esteem.



(3) imprisonment for six months to five years or financial penalty

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if such act he commits against another for its real or supposed

race, ethnic group, nationality, political beliefs,

religion or because it is actually or supposedly non-religious,



(c)) if he causes considerable damage to such offence, or



(d)) commit such Act intends to acquire for himself or for another considerable

benefit.



(4) imprisonment of two years to eight years, the offender will be punished,



and if the offence) cause referred to in paragraph 1, the damage of great magnitude, or



(b) if he commits such) action plan to get for himself or for another

benefit of large extent.



§ 184



Defamation



(1) who shall inform the other forged, which is capable of significantly

compromise its seriousness for fellow citizens, especially in employment,

to disrupt his family relations or cause another serious injury to him, will be

punished with imprisonment of up to one year.



(2) imprisonment of up to two years or a ban on the activities of the offender will be

punished, commit any of the acts referred to in paragraph 1 of the press, film,

radio, television, a publicly accessible computer network, or other

Similarly, in an effective manner.



TITLE III



OFFENCES AGAINST HUMAN DIGNITY IN THE SEXUAL AREA



§ 185



Rape



(1) Whoever by force or threat of other violence or the threat of any heavy

the injury will force sexual intercourse, or



who such a crime exploited its defencelessness, shall be punished by imprisonment

freedom for six months to five years.



(2) imprisonment for two years to ten years the offender will be punished,

commit any of the acts referred to in paragraph 1



and fuck or other) sexual intercourse, carried out in a manner comparable

is having sex,



(b)) on a child, or



(c)) with a weapon.



(3) imprisonment for five to twelve years of age the offender will be punished,



and if the offense commits a) referred to in paragraph 1 to a child under the age of fifteen years,



(b)) if such act committed on the person in custody, the sentence

freedom, protective treatment, protective or security detention,

institutional care or in another place where personal freedom is restricted,

or



(c)) if he causes such a severe injury to the health of the crime.



(4) imprisonment of ten to eighteen years, the offender will be punished,

If the offence referred to in paragraph 1 death.



(5) preparation is punishable.



§ 186



Sexual coercion



(1) whoever else violence, threat of violence or threat of other serious detriment

forces, clothed sexual selfsatisfaction, or other comparable

behavior, or who this behavior causes another zneužívaje his

defenseless, be punished by imprisonment of six months up to four

years or prohibition of activity.



(2) the offender shall be punished as well, which causes another to sexual

contact, sexual, clothed or selfsatisfaction another comparable

the behavior of the zneužívaje his or her position and the

resulting trust or influence.



(3) imprisonment for one to five years, the offender will be punished,

commit any of the acts referred to in paragraph 1 or 2



and the child, or)



(b)), at least two persons.



(4) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1,



(b) if he commits the Act) referred to in paragraph 1 or 2 of the person in custody,

imprisonment, protective treatment, security detention,

protective or institutional care, or in another location, where it is restricted

personal freedom, or



(c)) where such offence committed as a member of an organized group.



(5) by imprisonment for five to twelve years of age the offender will be punished,



and if the offense commits a) referred to in paragraph 1 to a child under the age of fifteen years,

or



(b)) if he causes such a severe injury to the health of the crime.



(6) the imprisonment of ten to sixteen years of age the offender will be punished,

If the offence referred to in paragraph 1 or 2 death.



(7) the preparation is punishable.



§ 187



Sexual abuse



(1) who will do with the child under the age of fifteen fucking years or who is in any other

way sexually exploited, will be punished by imprisonment for one year

up to eight years.



(2) imprisonment for two years to ten years the offender will be punished,

commit any of the acts referred to in paragraph 1 to a child under the age of 15 years

given his supervision, zneužívaje its dependencies or its position and

the resulting trust or influence.




(3) imprisonment for five to twelve years of age the offender will be punished,

If the offence referred to in paragraph 1 a severe injury to health.



(4) imprisonment of ten to eighteen years, the offender will be punished,

If the offence referred to in paragraph 1 death.



(5) preparation is punishable.



§ 188



Fucking between relatives



Who will do coitus with relatives in tribe of direct or sibling

shall be punished by imprisonment for up to three years.



§ 189



Pimping



(1) Whoever procures, induces the other hires, lures or seduces to operate

prostitution, or



who is the prey of prostitution operated by another,



shall be punished by imprisonment for six months to four years, the prohibition of

activity or forfeiture of things.



(2) imprisonment of two years to eight years, the offender will be punished,

commit any of the acts referred to in paragraph 1



and) intend to acquire for himself or for another substantial benefit, or



(b)) as a member of an organized group.



(3) imprisonment for five to twelve years of age, or forfeiture of property will be

the offender is punished, it causes the offence referred to in paragraph 1 a severe injury

on health.



(4) imprisonment for eight to fifteen years or by forfeiture of property will be

the offender is punished, it causes the offence referred to in paragraph 1 death.



§ 190



Prostitution, threatening the moral development of children



(1) whoever operates the prostitution near the school, the school or other

similar device or place that is reserved or intended for a stay

or visit children, shall be punished by imprisonment for up to two years.



(2) Whoever organizes, guards or other means of ensuring the operation of

prostitution near the school, the school or another similar device

or space that is reserved or intended to stay or visit

children will be punished by imprisonment for up to three years, ban

or forfeiture of things.



(3) imprisonment for six months to five years or by forfeiture of property

the offender will be punished if he commits an act referred to in paragraph 1 or 2



and at least two) such places, or



(b)).



§ 191



The spread of pornography



(1) the person who produces, imports, export, propel, shall be publicly

accessible, provides, sells, puts into circulation or otherwise to another

must affix the photo, movie, computer, electronic or other

pornographic work, in which is reflected the violence or disrespect to a man

or that describes, depicts, or otherwise shows the sexual intercourse is

animal, shall be punished by imprisonment for up to one year, a ban

activity or forfeiture of things.



(2) Whoever written, photographic, film, computer, electronic or

other pornographic work



and offers, or leaves) exposes the child, or



(b)) in a place that is accessible to children, issued or otherwise

makes,



shall be punished by imprisonment for up to two years, ban or

forfeiture of things.



(3) imprisonment for six months to three years, the offender will be punished,

commit any of the acts referred to in paragraph 1 or 2



and as a member of an organized group),



(b)) printing, film, radio, television, a publicly accessible computer

network or other similarly effective manner, or



c) intend to acquire for himself or for another substantial benefit.



(4) imprisonment for one to five years, the offender will be punished,

commit any of the acts referred to in paragraph 1 or 2



and as a member of an organized group) operating in multiple States, or



(b)) intend to acquire for himself or for another benefit of large extent.



§ 192



Production and other handling of child pornography



(1) who holds the body of photographic, film, computer, electronic or

other pornographic work that shows or otherwise uses child or

the person who appears to be a child, will be punished with imprisonment of up to

for two years.



(2) the same shall be punished whoever through information or

communication technology gains access to child pornography.



(3) the person who produces, imports, export, propel, shall be publicly

accessible, provides, sells, puts into circulation or otherwise to another

must affix the photo, movie, computer, electronic or other

pornographic work that shows or otherwise uses child or person

that appears to be a child, or



who is the prey of such pornographic works,



shall be punished by imprisonment for six months to three years, the prohibition of

activity or forfeiture of things.



(4) imprisonment for two years or six years or forfeiture of property

the offender will be punished if he commits an act referred to in paragraph 3



and as a member of an organized group),



(b)) printing, film, radio, television, a publicly accessible computer

network or other similarly effective manner, or



c) intend to acquire for himself or for another substantial benefit.



(5) the imprisonment for up to three years, eight years or forfeiture of property

the offender will be punished if he commits an act referred to in paragraph 3



and as a member of an organized group) operating in multiple States, or



(b)) intend to acquire for himself or for another benefit of large extent.



§ 193



Abuse of a child for the production of pornography



(1) Whoever induces, procures, hires, lures, seduces or exploits a child to

the production of pornographic works or prey of a child's participation on this

a pornographic work, shall be punished by imprisonment for one to five

years of age.



(2) imprisonment for two years up to six years, the offender will be punished,

commit any of the acts referred to in paragraph 1



and as a member of an organized group), or



(b)) intend to acquire for himself or for another substantial benefit.



(3) imprisonment for three years and eight years, the offender will be punished,

commit any of the acts referred to in paragraph 1



and as a member of an organized group) operating in multiple States, or



(b)) intend to acquire for himself or for another benefit of large extent.



§ 193a



Participation in pornographic performances



Participating in pornographic performances or other similar

performances, in which he performs the child, shall be punished by imprisonment of up to

to two years.



§ 193b



Establishing illegal contacts with the child



Who will propose a meeting of the child who is under 15 years of age in the plan to commit

an offence under § 187 para. 1, § § 192, 193, paragraph 202. 2 or other

sexual offence will be punished with imprisonment of up to

two years.



TITLE IV



OFFENCES AGAINST THE FAMILY AND CHILDREN



§ 194



The double marriage



(1) who for the duration of their marriage, the other marries

punished with imprisonment of up to two years.



(2) the same shall be punished, who enters into a marriage with a person who is already

in another marriage.



§ 195



Leaving a child or a person entrusted to



(1) Whoever abandons the child or any other person, on whom he has a duty of care and

that alone can supply assistance, and draws it to the danger of death

or bodily injury, shall be punished by imprisonment for six months

up to three years.



(2) imprisonment for one to five years, the offender will be punished,

commit any of the acts referred to in paragraph 1



and the younger a child) of three years,



(b)), or



(c)) on at least two people.



(3) imprisonment of two years to eight years, the offender will be punished,

If the offence referred to in paragraph 1 a severe injury to health.



(4) imprisonment for three years to ten years the offender will be punished,

If the offence referred to in paragraph 1 death.



§ 196



Neglect of mandatory nutrition



(1) who does not fulfil, even through negligence, his legal obligation to maintain

or maintain another for longer than four months, will be punished

imprisonment of up to one year.



(2) Whoever intentionally avoids the fulfilment of their legal obligations to maintain or

maintain another for longer than four months, will be punished

imprisonment of up to two years.



(3) imprisonment for six months to three years, the offender will be punished,

If the offense referred to in paragraph 1 or 2 of the beneficiaries of danger

of an emergency.



§ 196a



Special provisions for punishment



The offender malpractice nutrition (§ 196), the Court may

Save as reasonable restrictions and reasonable obligations referred to in § 48

paragraph. 4 reasonable limits, in order to refrain from driving motor vehicles.

This reasonable restrictions the Court saved in particular, is a reasonable concern,

that the obligation to pay the due maintenance will be Mary or hampered by.



§ 197



Special provisions on effective regret



Criminal responsibility for the crime of neglect of mandatory nutrition (§ 196)

shall cease, if the crime had no permanent adverse consequences and

the offender subsequently fulfilled his obligation before the Court of first instance

began to announce the verdict.



§ 198



Torturing a person



(1) who maltreat a person who is under his care or custody, shall be punished

by imprisonment for one to five years.



(2) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1, particularly raw or galling

in a way,



(b)) if he causes such a severe injury to the health of the offence,



(c)) where such offence committed at least two persons, or



(d)) if such act of committing for longer.



(3) imprisonment for five to twelve years of age the offender will be punished,

If the offence referred to in paragraph 1



and severe injury to health) at least two persons, or



(b)) death.



§ 199




The mistreatment of persons living in a common dwelling



(1) who maltreat a person close to that or another person living with him in a common

dwelling, be punished by imprisonment for six months to four years.



(2) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1, particularly raw or galling

in a way,



(b)) if he causes such a severe injury to the health of the offence,



(c)) where such offence committed at least two persons, or



(d)) if such act of committing for longer.



(3) imprisonment for five to twelve years of age the offender will be punished,

If the offence referred to in paragraph 1



and severe injury to health) at least two persons, or



(b)) death.



§ 200



The kidnapping of the child and persons in mental disorder



(1) the child or the person Who stiženou mental disorder be withdrawn from custody

who is under other legislation or by an official

the decision of the obligation to seek them out, will be punished with imprisonment of up to

three years or financial penalty.



(2) imprisonment for one to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 it intends to supply to itself or to another

property benefits, or



(b)) if offence endangering the moral development of the kidnapped person.



(3) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b) if the offence) cause referred to in paragraph 1 a severe injury to health, or



(c)) gets such offense for himself or for another substantial benefit.



(4) imprisonment for three years to ten years the offender will be punished,



and if the offence) cause referred to in paragraph 1, or death



(b)) if such offense for himself or for another favor large

the range.



(5) preparation is punishable.



§ 201



The challenges to the education of the child



(1) Whoever, even through negligence, will jeopardize the intellectual, emotional, or moral development

of the child by



and seduces him to zahálčivému) or indecent life,



(b)) would allow him to lead a luxurious life, indecent or



(c)) would allow him to procure for himself or for another crime resources

activities or in any other way, or zavrženíhodným



(d)) serious breaches of its obligation to seek them out or another your

an important obligation under the parental responsibility,



shall be punished by imprisonment for up to two years.



(2) which will allow, even through negligence, child game on slot play

the unit, which is equipped with technical equipment, which affects

the result of the game and which provides the possibility of cash prizes, will be punished

imprisonment of up to one year, a financial penalty or ban

activity.



(3) imprisonment for six months to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2 of reprehensible motives,



(b)) in the Commission of continuing such an act over a longer period,



(c)) where such offence committed repeatedly, or



(d)) if such offense for himself or for another substantial benefit.



§ 202



The seduction of sexual intercourse



(1) Whoever offers, promises or grants a child or another for sexual

contact with the child, sexual, Cork selfsatisfaction or other

comparable behavior for the purpose of sexual gratification, or a consideration is an advantage

benefit, shall be punished by imprisonment for up to two years or a monetary

the penalty.



(2) imprisonment for six months to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 to a child under the age of fifteen years,



(b) if he commits such) Act of reprehensible motives,



(c) if) continues committing such an act over a longer period, or



(d)) commit such act to be reused.



§ 203



The impunity of the child



A child who asks for or receives a sexual intercourse with him, his sexual

selfsatisfaction, Cork or other comparable behavior against payment or other

the advantage or benefit, such act is not punishable under either the

the provisions of návodci or Assistant.



§ 204



Administration of alcohol to a child



Who to a greater extent or repeatedly sells or provides the child shall report to the

alcohol, will be punished by imprisonment for up to one year.



TITLE V OF THE



OFFENCES AGAINST PROPERTY



§ 205



Theft



(1) who appropriates a foreign thing that spoils, and



and so on) will cause the foreign property damage rather than de minimis



(b) the Act commits burglary,)



c) immediately after the crime tries to retain a thing or

the threat of imminent violence,



(d)) on the deed, which has other things on its own or together, or



(e) the deed on the territory) on which it is performed or has been performed

the evacuation of people,



shall be punished by imprisonment for up to two years, ban or

forfeiture of things.



(2) who appropriates a foreign thing that spoils, and was behind such act

in the last three years, convicted or punished, shall be punished

imprisonment of six months to three years.



(3) imprisonment for one to five years or a financial penalty will be

the offender is punished, it causes the offence referred to in paragraph 1 or 2 more

damage.



(4) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b)) if such act committed during a State of emergency or a war

the State, for a natural disaster or other events seriously life-threatening

or human health, to public order or property, or



(c)) if he causes considerable damage to such offence.



(5) the imprisonment of five to ten years the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 of the damage of great magnitude,

or



(b) if he commits such) action plan to allow or facilitate the perpetration

the offence of high treason (art. 309), a terrorist attack (section 311) or

terror (section 312).



(6) the preparation is punishable.



§ 206



Embezzlement



(1) who appropriates a foreign thing, which has been entrusted to him, and causing the

Foreign property damage rather than a minor, shall be punished by imprisonment of up to

to two years, ban or forfeiture of things.



(2) imprisonment for six months to three years, the offender will be punished,

commit any of the acts referred to in paragraph 1 and if it was for such a performance in the last

three years later, convicted or punished.



(3) imprisonment for one to five years or a financial penalty will be

the offender is punished, it causes the offence referred to in paragraph 1, the greater the damage.



(4) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b) if he commits such) Act as a person who has specifically imposed the obligation to

defend the interests of the injured party,



(c)) if such acts committed during a State of emergency or a war

the State, for a natural disaster or other events seriously life-threatening

or human health, to public order or property, or



(d)) if he causes considerable damage to such offence.



(5) the imprisonment of five to ten years the offender will be punished,



and if the offence) cause referred to in paragraph 1, the damage of great magnitude, or



(b) if he commits such) action plan to allow or facilitate the perpetration

the offence of high treason (art. 309), a terrorist attack (section 311) or

terror (section 312).



(6) the preparation is punishable.



Section 207



Unauthorized use of Foreign Affairs



(1) Whoever takes foreign affairs rather than small values, or a motor vehicle

intend to take, or is temporarily



who on the foreign property causes damage not small by wrongly

such things entrusted to him, temporarily used,



shall be punished by imprisonment for up to two years or prohibition of activity.



(2) imprisonment for six months to three years or a ban on the activities of the

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a person who has specifically

stored the obligation to defend the interests of the injured party



(b) if he commits such) acts as a member of an organized group, or



(c)) if he causes considerable damage to such offence.



(3) imprisonment for one to five years or a financial penalty will be

the offender is punished,



and if the offence) cause referred to in paragraph 1, the damage of great magnitude, or



(b) if he commits such) action plan to allow or facilitate the perpetration

the offence of high treason (art. 309), a terrorist attack (section 311) or

terror (section 312).



§ 208



Unauthorized interference with the right to a House, an apartment or to the nebytovému space



(1) Whoever unlawfully occupy or use of a House, apartment or commercial space

another, shall be punished by imprisonment for up to two years or a monetary

the penalty.



(2) the same shall be punished who authorized person in the use of House, apartment

or non-residential premises illegally.



(3) imprisonment for six months to five years or financial penalty

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

Group, or



(b)) if he causes damage to a large extent in such a crime.



§ 209



Scam



(1) who will enrich themselves or another by indicating someone's mistake, makes use of the

somebody's mistake or length, of the essential facts, and on the foreign

property damage rather than a minor, will be punished with imprisonment of up to

two years, ban or forfeiture of things.



(2) imprisonment for six months to three years, the offender will be punished,

commit any of the acts referred to in paragraph 1 and if it was for such a performance in the last

three years later, convicted or punished.




(3) imprisonment for one to five years or a financial penalty will be

the offender is punished, it causes the offence referred to in paragraph 1, the greater the damage.



(4) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b) if he commits such) Act as a person who has specifically imposed the obligation to

defend the interests of the injured party,



(c)) if such acts committed during a State of emergency or a war

the State, for a natural disaster or other events seriously life-threatening

or human health, to public order or property, or



(d)) if he causes considerable damage to such offence.



(5) the imprisonment of five to ten years the offender will be punished,



and if the offence) cause referred to in paragraph 1, the damage of great magnitude, or



(b) if he commits such) action plan to allow or facilitate the perpetration

the offence of high treason (art. 309), a terrorist attack (section 311) or

terror (section 312).



(6) the preparation is punishable.



§ 210



Insurance fraud



(1) who presents false or grossly distorted information or material

data length



and) in connection with the conclusion or by changing the insurance contract,



(b)) in connection with the liquidation of the insured event or



(c)) in the exercise of the right to indemnity or other similar transactions



shall be punished by imprisonment for up to two years, ban or

forfeiture of things.



(2) the same shall be punished who intend to cause to yourself or another

benefit raises or pretends to be an event with which it is associated the right to

indemnity or other similar performance, or the State-induced

the insurance event keeps causing harm not on foreign assets

tiny.



(3) imprisonment for six months to three years, the offender will be punished,

commit any of the acts referred to in paragraph 1 or 2, and if it was for such a performance in the

the last three years, convicted or punished.



(4) imprisonment for one to five years or a financial penalty will be

the offender is punished, it causes the offence referred to in paragraph 1 or 2 more

damage.



(5) the imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b) if he commits such) Act as a person who has specifically imposed the obligation to

defend the interests of the injured party, or



(c)) if he causes considerable damage to such offence.



(6) the imprisonment of five to ten years the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 of the damage of great magnitude,

or



(b) if he commits such) action plan to allow or facilitate the perpetration

the offence of high treason (art. 309), a terrorist attack (section 311) or

terror (section 312).



(7) the preparation is punishable.



§ 211



Loan scam



(1) Whoever in negotiating the loan agreement or credit shall be

false or grossly distorted information or material information at length, the

punished by imprisonment up to two years or prohibition of activity.



(2) the same shall be punished, who, without the consent of the creditor, not the small

to the extent it's the resources obtained a loan for different purpose than specified by the

the purpose of the.



(3) imprisonment for six months to three years, the offender will be punished,

commit any of the acts referred to in paragraph 1 or 2, and if it was for such a performance in the

the last three years, convicted or punished.



(4) imprisonment for one to five years or a financial penalty will be

the offender is punished, it causes the offence referred to in paragraph 1 or 2 more

damage.



(5) the imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b) if he commits such) Act as a person who has specifically imposed the obligation to

defend the interests of the injured party, or



(c)) if he causes considerable damage to such offence.



(6) the imprisonment of five to ten years the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 of the damage of great magnitude,

or



(b) if he commits such) action plan to allow or facilitate the perpetration

the offence of high treason (art. 309), a terrorist attack (section 311) or

terror (section 312).



(7) the preparation is punishable.



§ 212



Grant scam



(1) Whoever in the requests for grants, subsidies or repayable financial

bailout or a contribution shall be false or grossly distorted information

or substantial data length, shall be punished by imprisonment for up to two

years or prohibition of activity.



(2) the same shall be punished who it, in rather than small scale,

resources obtained ad hoc subsidies, subsidies or repayable financial

assistance or contribution to any other than the intended purpose.



(3) imprisonment for six months to three years, the offender will be punished,

commit any of the acts referred to in paragraph 1 or 2, and if it was for such a performance in the

the last three years, convicted or punished.



(4) imprisonment for one to five years or a financial penalty will be

the offender is punished, it causes the offence referred to in paragraph 1 or 2 more

damage.



(5) the imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b) if he commits such) Act as a person who has specifically imposed the obligation to

defend the interests of the injured party, or



(c)) if he causes considerable damage to such offence.



(6) the imprisonment of five to ten years the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 of the damage of great magnitude,

or



(b) if he commits such) action plan to allow or facilitate the perpetration

the offence of high treason (art. 309), a terrorist attack (section 311) or

terror (section 312).



(7) the preparation is punishable.



§ 213



Operation rogue betting and gaming



(1) whoever operates the cash or another similar game or bet, whose

rules do not guarantee equal opportunities to all participants, will win

punished by imprisonment up to two years or prohibition of activity.



(2) imprisonment for six months to three years, the offender will be punished,

commit any of the acts referred to in paragraph 1 and if it was for such a performance in the last

three years later, convicted or punished.



(3) imprisonment for one to five years or a financial penalty will be

the offender is punished,



and if the offence) cause referred to in paragraph 1, the greater the damage, or



(b)) if such offense for himself or for another benefit more.



(4) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if he causes considerable damage to such offence, or



(c)) gets such offense for himself or for another substantial benefit.



(5) the imprisonment of five to ten years the offender will be punished,



and if the offence) cause referred to in paragraph 1, the damage of great magnitude, or



(b)) if such offense for himself or for another favor large

the range.



section 214



Handling stolen goods



(1) Whoever threatens, or converts, or used



and) thing that was obtained by the criminal offence committed in the territory of the United

the Republic or abroad, another person, or as a reward for it, or



(b)) thing that was equipped with a thing referred to in point (a)), or



who conspires to commit such an Act,



shall be punished by imprisonment for up to four years, financial penalty,

ban or forfeiture of things; However, if the offence committed in relation to the

the stuff that comes out of a criminal offence for which the law stipulates a prison

milder, will be punished with the punishment milder.



(2) imprisonment for six months to five years or financial penalty

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 in relation to the case, which has a larger

value, or



(b)) if such offense for himself or for another benefit more.



(3) imprisonment for two years or six years or forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b) if he commits such) performance in relation to things coming from separately

serious crime,



(c)) where such offence committed in relation to the case, which has significant value,

or



(d)) if such offense for himself or for another substantial benefit.



(4) imprisonment of up to three years, eight years or forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 in relation to the case, which has

the value of a large scale, or



(b)) if such offense for himself or for another favor large

the range.



section 215



Offence of negligence



(1) Whoever threatens, or on yourself or another negligent thing rather than converts

a small value that was obtained by the criminal offence committed in the territory of

The Czech Republic or abroad, another person, or as a reward for him,

shall be punished by imprisonment for up to one year, a ban or

forfeiture of things.



(2) imprisonment of up to three years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 because they violated an important

obligation arising out of his employment, profession, position or

function or stored according to the law, or



(b)) if such offense for himself or for another substantial benefit.



(3) imprisonment for one to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 in relation to things coming from

especially serious crime, or



(b)) if such offense for himself or for another favor large

the range.



§ 216




The legalization of the proceeds of crime



(1) Whoever conceals the origin or otherwise seeks to be made substantially more difficult

or prevent detection of origin



and) stuff that was obtained by the criminal offence committed in the territory of the United

the Republic or abroad, or as a reward for it, or



(b)) case, which was equipped with a thing referred to in point (a)), or



who else committing such a crime will allow, or to commit such

the Act worked,



shall be punished by imprisonment for up to four years, financial penalty,

ban or forfeiture of things; However, if he commits such act in the

relation to the stuff that comes out of a criminal offence for which the law provides for the

the milder penalty, shall be punished by a punishment milder.



(2) imprisonment for six months to five years or financial penalty

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 in relation to things in the larger

the value, or



(b)) if such offense for himself or for another benefit more.



(3) imprisonment for two years or six years or forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b) if he commits such) performance in relation to things coming from separately

serious crime,



(c)) where such offence committed in relation to the matter at a considerable value,



(d)) if such offense for himself or for another substantial benefit,

or



e) if to commit abuses of such a crime of their status in employment

or their functions.



(4) imprisonment of up to three years, eight years or forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1, in conjunction with organised

Group operating in multiple States,



(b) if he commits such) performance in relation to the case in the value of large scale,

or



(c)) gets such offense for himself or for another favor large

the range.



§ 217



The legalization of the proceeds of crime through negligence



(1) Whoever recklessly allows another disguise the origin or the origin of the

things in a larger value that was obtained by the criminal offence committed on

the territory of the Czech Republic or abroad, or as a reward for it, it will be

punished with imprisonment of up to one year, a ban or

forfeiture of things.



(2) imprisonment of up to three years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 because they violated an important

obligation arising out of his employment, profession, position or

function or stored according to the law, or



(b)) if such offense for himself or for another substantial benefit.



(3) imprisonment for one to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 in relation to things coming from

especially serious crime, or



(b)) if such offense for himself or for another favor large

the range.



§ 218



Usury



(1) who zneužívaje one's intellectual weakness, distress, inexperience,

frivolity or somebody's upset, give oneself or others provide

or the promise of performance, whose value is the value of a mutual benefit in

gross disparity, or



such claim or intend to redeem it on yourself

Converts,



shall be punished by imprisonment for up to two years or prohibition of activity.



(2) imprisonment for six months to five years or financial penalty

the offender will be punished,



and if the offence), referred to in paragraph 1, for himself or for another considerable

benefit,



(b) if he commits such) acts as a member of an organized group, or



(c)) if he causes such a severe State of Emergency Act to another.



(3) imprisonment for three years and eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 for the State of emergency or for

State of war, a natural disaster or other events seriously threatening

life or human health, to public order or property, or



(b)) if such offense for himself or for another favor large

the range.



section 219



Concealment of things



(1) Whoever appropriates foreign thing's not negligible value, which came

in his findings, can accidentally or otherwise, without the consent of the person entitled,

shall be punished by imprisonment for up to one year or a ban on activities.



(2) imprisonment for six months to five years or financial penalty

the offender will be punished, if the offence referred to in paragraph 1 for yourself

or for another substantial benefit.



(3) imprisonment of two years to eight years, the offender will be punished,

gets an offence referred to in paragraph 1, for himself or for another favor

a large scale.



section 220



Breach of the obligation to manage foreign assets



(1) Whoever violates his imposed by law or assumed by contract

duty to cherish or manage foreign assets, and by other causes

the damage rather than a small, shall be punished by imprisonment for up to two years, or

prohibition of activity.



(2) imprisonment for six months to five years or financial penalty

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a person who has specifically

stored the obligation to defend the interests of the injured party or



(b)) if he causes considerable damage to such offence.



(3) imprisonment of two years to eight years, the offender will be punished,

If the offence referred to in paragraph 1, the damage of great magnitude.



§ 221



Breach of the obligation to manage foreign assets through negligence



(1) Whoever through serious negligence under the act he saved or contractually

taken an important obligation in custody or administration

property, and this causes considerable damage to another, shall be punished by imprisonment

up to six months or a ban.



(2) imprisonment of up to three years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a person who has specifically

stored the obligation to defend the interests of the injured party or



(b)) if he causes damage to a large extent in such a crime.



§ 222



Damage to creditors



(1) Whoever, even if only partially, to stymie his creditors by



and destroys damaged) conceals, disposes, the neupotřebitelnou, or

delete, even if only a portion of its assets,



(b)) shall forward his claim, or the debt will take over another,



(c)) shall debit the thing that is the subject of the undertaking or it will lease,



d) pretends to be or accepted non-existent right or obligation,



e) pretends to be or accepted the right or obligation to a greater extent than

corresponds to reality,



(f)), or pretending to fulfil the obligation



g) pretends to be bankrupt or his property otherwise seemingly reduces or

pretends to be his demise,



and causes damage to the foreign assets rather than a small, will be punished

imprisonment of up to two years or prohibition of activity.



(2) as well, who would be punished, even if only partially, to derail the satisfaction

the creditors of any other person, by



and destroys damaged) conceals, disposes, the neupotřebitelnou or removes,

even if only a portion of the debtor's assets, or



(b)) to the assets of the debtor shall apply the non-existent right or claim or

an existing right or claim in the higher value or better order than

What is,



and causes damage to the foreign assets rather than small.



(3) imprisonment for six months to five years, the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 significant damage, or



(b)) if such offense for himself or for another substantial benefit.



(4) imprisonment for three years and eight years, the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 of the damage of great magnitude,



(b)) if such offense for himself or for another favor large

extent, or



(c)) if he causes such offence to another decline.



§ 223



Advantage of the creditor



(1) Whoever, as a debtor who is bankrupt, frustrate, even if only partially,

meet your lender advantage of another lender, and causes the

Foreign property damage rather than a small, will be punished with imprisonment of up to

one year or ban.



(2) imprisonment for six months to three years, the offender will be punished,

If the offence referred to in paragraph 1, the considerable damage.



(3) imprisonment of two years to eight years, the offender will be punished,



and if the offence) cause referred to in paragraph 1, the damage of great magnitude, or



(b)) if he causes such offence to another decline.



§ 224



Causing insolvency



(1) Whoever, even if gross negligence, you bring about a decline by



and grossly inadequate release) makes their wealth,



(b) manages its own assets) in a way that does not correspond to the law saved him

or contracted obligations or is taken over with them in gross disproportion,



(c)) credit granted in violation or gross disparity with its purpose,



(d)) provides from its property loans or loans to other people, although it is

in a rough proportion to its wealth, or



(e)) will make in excess of the usual trade or business risk

the operation, which does not belong to the regular business activities or

is gross disproportionate to his wealth,



shall be punished by imprisonment for up to one year or a ban on activities.



(2) the same shall be punished, who, even as a result of serious negligence, the new

commitment or establish a pledge, though he knows he is in decline, and it gets worse

the position of the existing creditors.



(3) imprisonment of up to three years, the offender will be punished, if he causes

offence referred to in paragraph 1 or 2 significant damage.




(4) imprisonment for six months to five years, the offender will be punished,

If the offence referred to in paragraph 1 or 2 of the damage of great magnitude.



§ 225



Breach of the obligation in insolvency proceedings



Who in insolvency proceedings or grossly undermined the difficult performance functions

insolvency practitioner, and thereby endanger the purpose of insolvency proceedings, the

punished by imprisonment for six months to three years or a ban

activity.



§ 226



Plots in insolvency proceedings



(1) Whoever as a lender in connection with the vote of creditors in insolvency

the management shall adopt or promise contrary to the principles and rules

insolvency proceedings the asset or other benefit will be punished

imprisonment of up to one year or a ban.



(2) the same shall be punished who the lender in connection with the vote

the creditors in the insolvency proceedings provides, offers or promises inconsistent

with the principles and rules of the insolvency proceedings securities or other

benefit.



(3) imprisonment of up to two years or a ban on the activities of the

punished, who as an insolvency practitioner, a member of the creditors ' Committee, or

a representative of the creditors in the insolvency proceedings shall take or promise for

himself or another, to the detriment of creditors to property or other benefit

It is not for him.



(4) imprisonment for six months to three years, the offender will be punished,



and if the offence) cause referred to in paragraph 1, 2 or 3 significant damage,



(b)) if such offense for himself or for another substantial benefit,

or



(c)) commit such act as an official person.



(5) the imprisonment of two years to six years, the offender will be punished,



and if the offence) cause referred to in paragraph 1, 2 or 3 damage large

extent, or



(b)) if such offense for himself or for another favor large

the range.



§ 227



Breach of the obligation to make truthful declaration of assets



Who in the proceedings before the Court or other public authority refuses to meet

a legal obligation to make a declaration of your assets or the assets

legal person, he is entitled to act, or such

obligations or in that it avoids declaring untrue or grossly

distorted data, shall be punished by imprisonment for up to one year, or

prohibition of activity.



§ 228



Damage to the Foreign Affairs



(1) whoever destroys, damages or make neupotřebitelnou a foreign thing, and causes

so on a foreign property damage rather than a minor, will be punished with detention

of up to one year, a ban, or forfeiture of things.



(2) the same shall be punished who corrupts a foreign thing by spray,

pomaluje or describe color or other substance.



(3) imprisonment for six months to three years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2 of the things witness, expert

or an interpreter for the performance of their duties,



(b) if he commits such) Act on things different for its real or supposed

race, ethnic group, nationality, political beliefs,

religion or because it is actually or supposedly non-religious,



(c)) where such offence committed in the case, which enjoys the protection of another

law, or



(d)) if he causes considerable damage to such offence.



(4) imprisonment for two years up to six years, the offender will be punished,

If the offence referred to in paragraph 1 or 2 of the damage of great magnitude.



§ 229



Abuse ownership



Who will damage an important interest in cultural, scientific, the nature conservancy,

the landscape and the environment, protected by other legislation,

by destroying, damaging, the neupotřebitelnou or zašantročí your own

a matter of greater value, which shall enjoy protection under another law,

shall be punished by imprisonment for up to two years, ban or

forfeiture of things.



§ 230



Unauthorized access to computer systems and data medium



(1) Whoever overcomes the security measures and the unauthorized access

to a computer system or part thereof, shall be punished by imprisonment

of liberty up to two years, ban or forfeiture of things.



(2) who obtains access to a computer system or a data medium and



and wrongly used) the data stored in a computer system or on a carrier

information,



(b)) the data stored in a computer system or on a data medium

unlawfully destroys, erases or otherwise damaged, change, suppresses, will reduce the

their quality or will make them certain,



c) forges or alters data stored in a computer system or on the

carrier information so as to be considered right, or they

treated as if it were the right data, regardless of whether they are

This data is directly readable and intelligible, or



d) illegally inserts the data into a computer system or on a carrier

information or take other action to programming or technical

equipment, computer or other technical equipment for data processing,



shall be punished by imprisonment for up to three years, the prohibition of activities or

forfeiture of things.



(3) imprisonment for six months to four years, the prohibition of activities or

forfeiture of things the offender will be punished if he commits an act referred to in

paragraph 1 or 2



and) intend to cause any other damage or injury or get yourself or

another unauthorized benefit, or



(b)) intend to unduly restrict the functionality of a computer system or

other technical installations for data processing.



(4) imprisonment for one to five years or a financial penalty will be

the offender is punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b)) if he causes considerable damage to such offence,



(c)) if he causes such offence a serious disturbance in the activities of the authority of the State

Administration, local self-government authorities, a court or other public authority,



(d)) if such offense for himself or for another substantial benefit,

or



(e)) if he causes such offence a serious disturbance in the activities of the legal or

a natural person who is an entrepreneur.



(5) the imprisonment of three years and eight years, the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 of the damage of great magnitude,

or



(b)) if such offense for himself or for another favor large

the range.



§ 231



Measures and possession of access device and password to a computer

system and other such data



(1) who intend to commit the offense of violation of secrets of the transported

reports referred to in section 182 paragraph. 1 (b). (b)), (c)) or an offence of unauthorized

access to a computer system and the medium of information under § 230 para. 1,

2 constructed, puts into circulation, takes, takes, propel, offers,

provides, sells or otherwise makes available, to itself or to another must affix the

or holding any of the



and the device or its part), procedure, or any other tool

instrument, including a computer program, created or adapted to

unauthorized access to electronic communications networks, to

a computer system or to any part thereof, or



(b)) computer password, access code, data, or any other procedure

a similar resource, which you can use to gain access to the computer

system or its parts,



shall be punished by imprisonment for up to two years, forfeiture of a thing or

prohibition of activity.



(2) imprisonment of up to three years, ban or forfeiture

case the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,

or



(b)) if such offense for himself or for another substantial benefit.



(3) imprisonment for six months to five years, the offender will be punished,

gets an offence referred to in paragraph 1, for himself or for another favor

a large scale.



§ 232



Damage to the record in the computerised system, and on the information medium and intervention

the computer equipment from negligence



(1) Whoever through gross negligence breach of obligations arising from the

employment, profession, position or function or imposed by law

or a contract



and) data stored in a computer system or on a data medium destroyed

damages, alters, or make certain, or



(b)) will make the intervention into the hardware or software of a computer or

other technical installations for data processing,



and this causes considerable damage to foreign property, shall be punished by imprisonment

freedom for up to six months, ban or forfeiture of things.



(2) imprisonment of up to two years, ban or forfeiture

case the offender will be punished, if he causes offence referred to in paragraph 1

the damage of great magnitude.



TITLE VI OF THE



ECONOMIC OFFENCES



Part 1



Offences against the currency, and payment resources



§ 233



Counterfeiting and alteration of money



(1) Whoever oneself or others shall affix, or holding any false or falsified

money or money used to protect elements against falsification, it will

punished by imprisonment for one to five years.



(2) who forges or alters money intend to denounce them as right or

valid, or money, or higher values



who counterfeit or altered money grasses as genuine or valid or

as money higher values,



shall be punished by imprisonment for three to eight years.



(3) imprisonment for five to ten years, or forfeiture of property will be


the offender is punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

Group, or



(b)) if such act committed in a significant range.



(4) imprisonment for eight to twelve years of age, or forfeiture of property will be

the offender is punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

Group operating in multiple States, or



(b)) if such act committed on a large scale.



(5) preparation is punishable.



section 234



Measures, counterfeiting and unauthorized alteration of the payment instrument



(1) Whoever oneself or others without the consent of the authorized holder must affix,

makes, accepts or holds a different payment instrument, in particular

non-transferable credit card an identifiable by name or number,

electronic money order for clearing, traveler's check or guarantee

cheque card, shall be punished by imprisonment for up to two years, ban

activity or forfeiture of things.



(2) who shall affix oneself or others, makes, accepts or holds

counterfeit or altered payment instrument, shall be punished by imprisonment

freedom for one year up to five years.



(3) who forges or alters the means of plan to use it

as a true or valid, or



those who counterfeit or altered payment instrument used as genuine or

a valid,



shall be punished by imprisonment for three to eight years.



(4) imprisonment for five to ten years, or forfeiture of property will be

the offender is punished,



and if the offense commits a) referred to in paragraph 1, 2 or 3 as a member of an organized

Group, or



(b)) if such act committed in a significant range.



(5) the imprisonment for eight to twelve years of age, or forfeiture of property will be

the offender is punished,



and if the offense commits a) referred to in paragraph 1, 2 or 3 as a member of an organized

Group operating in multiple States, or



(b)) if such act committed on a large scale.



(6) the preparation is punishable.



section 235



Giving false and forged money



Who falsified or altered money, which he was paid as a genuine,

grasses such as right, shall be punished by imprisonment for up to two years, ban

activity or forfeiture of things.



section 236



The production and possession of padělatelského equipment



(1) the person who produces, offers, sells, conveys or otherwise make available,

oneself or others shall affix, or holding any instrument, device or its

component, process, utility, or any other means, including the

the computer program created or adapted for the counterfeiting or

alteration of money or the elements serving to protect against counterfeiting, money

or created or adapted for the counterfeiting or alteration of payment

the funds will be punished by imprisonment for up to two years, ban

activity or forfeiture of things.



(2) imprisonment for one to five years or a financial penalty will be

the offender is punished, commit any of the acts referred to in paragraph 1 in the performance of their

the profession.



§ 237



Unauthorized production of money



(1) Whoever unlawfully with the use of equipment or materials for the production of money

designated and held in accordance with the law, is expected to produce money or elements

to protect against counterfeiting of money, or



who made money illegally or controls used to protect money

against counterfeiting oneself or others affix, puts into circulation or possess,



shall be punished by imprisonment for one to five years.



(2) imprisonment for three years and eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,

or



(b)) if such act committed in a significant range.



(3) imprisonment for five to ten years the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group

operating in multiple States, or



(b)) if such act committed on a large scale.



(4) preparation is punishable.



§ 238



Common provisions



Protection pursuant to § 233 to 237, also provides money and payment

resources other than domestic and a valuable domestic and foreign

of securities.



§ 239



The challenges to the domestic circulation of money



(1) Whoever illegally produces or makes an ersatz domestic money, or



who such substitutes wrongly gives to the circulation,



shall be punished by imprisonment for up to six months, ban or

forfeiture of things.



(2) the same shall be punished who



and without any legal reason, rejects) domestic money, or



(b) damages the domestic money).



Part 2



Offences of tax, fee, and foreign exchange



§ 240



Shortening of the taxes, fees and similar payments required



(1) Whoever in a larger range of tax, customs duty, reduced social

the security post at the State employment policy premiums

accident insurance, health insurance, fee, or other

a similar compulsory payment or draw advantage on some of these

compulsory payments, will be punished by imprisonment for six months to three

years or prohibition of activity.



(2) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 at least two persons,



(b)) if he violates in order to facilitate such an act of official closure, or



(c)) where such offence committed in a significant range.



(3) imprisonment for five to ten years the offender will be punished,

commit any of the acts referred to in paragraph 1 at a large scale.



§ 241



The payment of taxes, social security contributions and similar mandatory

payments



(1) who to a greater extent as an employer or payer fails to comply with its

a legal obligation to pay the employee or another person for tax, insurance

on retirement savings, social security contributions, contribution to the

State employment policy or premiums on health insurance,

shall be punished by imprisonment for up to three years or prohibition of activity.



(2) imprisonment for one to five years or a financial penalty will be

the offender is punished, gets an offence referred to in paragraph 1 for yourself or

for another substantial benefit.



(3) imprisonment of two years to eight years, the offender will be punished,

gets an offence referred to in paragraph 1, for himself or for another favor

a large scale.



§ 242



Special provisions on effective regret



Criminal responsibility for the crime of tax evasion, insurance

social security and similar mandatory payments (section 241) shall cease, if the

the offender subsequently fulfilled his obligation before the Court of first instance

began to announce the verdict.



§ 243



Failure to comply with the notification requirements in tax proceedings



(1) who fails to comply with its legal obligation of notification to the tax authorities,

and so on a larger scale will jeopardize the proper and timely determination of taxes to another

or her recovery from another, shall be punished by imprisonment for up to two

years or prohibition of activity.



(2) imprisonment for one to four years, or financial penalty

the offender will be punished if he commits an act referred to in paragraph 1 in a significant

the range.



§ 244



Infringements of the stickers and other objects to the description of the goods



(1) Whoever with stickers, ribbons or other objects of inspection to

description of the goods shall be treated for tax purposes in breach of other legal

Regulation intends to cause other damage or cause to yourself or another

unauthorized benefit, or



who's in conflict with other legislation is imported, warehoused, transported

or puts into circulation of goods without stickers, tape, or other control

to mark items for tax purposes,



shall be punished by imprisonment for up to three years or prohibition of activity.



(2) imprisonment for one to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 at least two persons, or



(b)) if such offense for himself or for another substantial benefit.



(3) imprisonment of two years to eight years, the offender will be punished,

gets an offence referred to in paragraph 1, for himself or for another favor

a large scale.



§ 245



Counterfeiting and alteration of objects to identify items for tax purposes and

items to substantiate compliance with attachment



(1) Whoever forges or alters the control tape labels, or other objects

to identify items for tax purposes or objects issued by the authority

the public authority or by an authorised entity as proof that the

fees intended to cause other damage or cause to yourself

or other unauthorized benefit, or



who such labels, tapes or objects in circulation or used,

as genuine,



shall be punished by imprisonment for up to one year, a ban or

forfeiture of things.



(2) imprisonment for six months to five years or financial penalty

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 in a significant extent, or



(b)) if such offense for himself or for another substantial benefit.



(3) imprisonment of two years to eight years, the offender will be punished,

gets an offence referred to in paragraph 1, for himself or for another favor

a large scale.



§ 246



Counterfeiting and alteration of marks



(1) Whoever forges or alters the postal stamp or intend to

cause other damage or cause to yourself or another unauthorized

benefit, or



who signs such a deliberately puts into circulation or used them as genuine,



shall be punished by imprisonment for up to one year, a ban or


forfeiture of things.



(2) imprisonment for six months to five years or financial penalty

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 in a significant extent, or



(b)) if such offense for himself or for another substantial benefit.



(3) imprisonment of two years to eight years, the offender will be punished,

gets an offence referred to in paragraph 1, for himself or for another favor

a large scale.



§ 247



Infringement of the prohibitions at the time of the emergency in the foreign exchange holdings



Who at the time of the emergency in the foreign exchange holdings violates any of the prohibitions,

which are laid down by the law for emergency currency in the foreign exchange

the economy and declared an emergency, will be punished

by imprisonment for one to six years, financial penalty

prohibition of activity.



Part 3



Offences against the binding rules of the market economy and the circulation of goods in the

contact with foreign countries



§ 248



Infringements of the competition rules



(1) Whoever violates any other legislation on unfair competition by the fact that when

committed to participate in the competition



and) misleading advertising,



b) deceptive labelling of goods and services,



(c)) raising the likelihood of confusion,



d) riding on the reputation of the company, products or services of another

a competitor,



e) active bribery,



f) belittling,



g) comparative advertising,



h) violations of business secrets or



I) endangering the health of consumers and of the environment,



and causes injury to a greater extent by other competitors or

consumers or affix by oneself or others to a greater extent

undue advantage, shall be punished by imprisonment for up to three years,

ban or forfeiture of things.



(2) the same shall be punished,



who's in conflict with other legislation on the protection of competition

with its competitor shall conclude an agreement on the determination of prices, an agreement on the Division of

market or other anti-competitive agreement,



who's in conflict with other legislation on public procurement violates

seriously the mandatory rules of the procurement procedure, or



who's in conflict with other legislation regulating the activities of persons

authorized to conduct business on the financial market, banks and other

legal persons authorized to engage in financial activities

trading in investment instruments, supplementary pension schemes and

insurance, management and administration of investment funds or

foreign investment funds, seriously violates binding

rules of prudent business, asset management, professional care

or prohibition to perform by law or official decision intended acts,

service or other activity



and causes injury to a greater extent by other competitors or

for consumers, the contracting authority or other suppliers or to affix this yourself

or other unauthorized benefits to a greater extent.



(3) imprisonment for six months to five years, financial penalty

forfeiture of things the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b)) if such act committed repeatedly,



(c)) if he causes considerable damage to such offence, or



(d)) if such offense for himself or for another substantial benefit.



(4) imprisonment of two years to eight years, the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 of the damage of great magnitude,



(b)) if such offense for himself or for another favor large

extent, or



(c)) if he causes such offence to another decline.



section 248a



Special provisions on effective regret



Criminal responsibility for the crime of violation of the provisions of the rules

on competition pursuant to § 248 paragraph. alinea 2 the first lapse if

the offender satisfies the conditions under other legislation for the protection of

competition for the abandonment of the imposition of a fine or to reduce the

fines for participation in an agreement on the determination of prices, market sharing agreement or

other anti-competitive agreement with its competitor.



§ 249



Unauthorized issue of securities



(1) who intend to cause other damage or gain for himself or for

Another benefit of an undue advantage or puts into circulation as a valuable

paper document, without prejudice to the conditions laid down by the law for its

the release will be punished by imprisonment for up to two years or a ban

activity.



(2) the same shall be punished, who intend to leave referred to in paragraph 1

to register for the issue of securities to the law

provided for the registration of securities, without prejudice to the conditions laid down

by law for such registration.



§ 250



Handling rate of investment tools



(1) who intend to influence the price or the course of investment instruments, which

are admitted to trading on a regulated market or whose admission to

trading on a regulated market has been requested,



and false spreads) or grossly distorted information significantly

affecting the price or rate such investment instruments, or



(b)) to take place, or enters the store instruction that is qualified to invoke

the wrong idea about the offer, demand, price, or the course of such

the investment facility,



shall be punished by imprisonment for six months to five years or prohibition

activity.



(2) imprisonment of two years to eight years, the offender will be punished,

gets an offence referred to in paragraph 1, a significant benefit.



(3) imprisonment for three years to ten years the offender will be punished,

gets an offence referred to in paragraph 1 to the benefit of large extent.



§ 251



Unauthorised business



(1) Whoever unlawfully to a greater extent provides services or operates

production, trade or other business, shall be punished by imprisonment

up to two years or prohibition of activity.



(2) imprisonment for six months to five years or financial penalty

the offender will be punished,



and if the offence) cause referred to in paragraph 1, the considerable damage, or



(b)) if such offense for himself or for another substantial benefit.



(3) imprisonment of two years to eight years, the offender will be punished,



and if the offence) cause referred to in paragraph 1, the damage of great magnitude, or



(b)) if such offense for himself or for another favor large

the range.



§ 252



Unauthorized operation of the lottery and similar betting games



(1) Whoever unlawfully operated, organizes, promotes, or

facilitates the lottery or similar betting game will be punished

imprisonment of up to three years or prohibition of activity.



(2) imprisonment for one to six years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,

or



(b)) if such offense for himself or for another substantial benefit.



(3) imprisonment for three years to ten years the offender will be punished,

gets an offence referred to in paragraph 1, for himself or for another favor

a large scale.



§ 253



Consumer detriment



(1) Whoever causes damage on foreign assets rather than little by

harms consumers by Conning them on quality, quantity

or weight of the goods, or



who to a greater extent on the market of products, works or services, and conceal

While their substantive defects,



shall be punished by imprisonment for up to one year, a ban or

forfeiture of things.



(2) imprisonment of up to five years or financial penalty the offender will be

punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if such offense for himself or for another substantial benefit,

or



(c)) If for such action in the past five years, sentenced, or from

imprisonment imposed for such offence.



(3) imprisonment of two years to eight years, the offender will be punished,

gets an offence referred to in paragraph 1, for himself or for another favor

a large scale.



§ 254



Misrepresentation of data about the condition of the assets and liabilities management



(1) who does not keep the books, records or other documents used to

an overview of the State of the economy and property or to review, though, is to

under the law, it shall,



who in these books, the minutes or other documents shall be

false or grossly distorted data, or



who such books, records or other documents, changes destroyed

damaged, make certain or conceal,



and so will jeopardize the rights of another or the timely and proper tax assessment

shall be punished by imprisonment for up to two years or prohibition of activity.



(2) the same shall be punished,



who presents false or grossly distorted information in documents used

for registration in the commercial register, the register, the register of the Endowment

non-profit companies or the register of owners

units or in such documents at length, of the essential facts,



who made in serving for the preparation of the expert opinion, that

is attached to the application for registration in the commercial register, the Endowment

the register, the register of non-profit companies or index

condominiums presents false or grossly distorted

data or in such documents at length, material information, or



who else will threaten or restrict the rights without undue delay

the absence of the proposal for the entry particulars prescribed by law in the commercial


the register, the register, the register of Directors of non-profit

companies or the register of owners of units or not saved

Charter of the collection of documents, though to do so under the law or the contract

obliged to.



(3) imprisonment for one to five years or a financial penalty will be

the offender is punished, it causes the offence referred to in paragraph 1 or 2 on the

Foreign assets of considerable damage.



(4) imprisonment of two years to eight years, the offender will be punished,

If the offence referred to in paragraph 1 or 2 on the foreign property damage

a large scale.



Section 255



Misuse of information and status in the course of trade



(1) Whoever intends to procure oneself or others an advantage or benefit of

improperly used information not publicly available yet, you

He obtained in the exercise of his employment, profession, position or its functions

and which substantially affects the decision making in the course of trade, and

take place or give impetus to the implementation of the contract or operation on the

regulated market investment instruments or on an organised market is

goods will be punished by imprisonment for up to three years or a ban

activity.



(2) the same shall be punished, who as an entrepreneur, partner, Member of the authority,

an employee or a participant in the business of two or more entrepreneurs

the same or similar activities intended to referred to in paragraph 1

closes or instigation to conclusion of the contract at the expense of one or more

entrepreneurs or their businesses.



(3) imprisonment of two years to eight years, the offender will be punished,

gets an offence referred to in paragraph 1 or 2, for himself or for another

substantial benefit.



(4) imprisonment for five to ten years the offender will be punished,

gets an offence referred to in paragraph 1 or 2, for himself or for another

benefit of large extent.



§ 256



Providing benefits at the award of the contract, when the public competition and

public auction



(1) Whoever, in relation to the awarding of the contract, with the invitation to tender

or by public auction intended to cause other damage or cause to yourself

or another benefit of getting any suppliers, competitors or

participant of the auction take precedence over or more favourable conditions to the detriment of other

suppliers or competitors, will be punished by imprisonment for six

months up to three years or prohibition of activity.



(2) imprisonment of two years to eight years, the offender will be punished,

If



and he commits the Act) referred to in paragraph 1 as a member of the Evaluation Committee,

announcer or the organizer of the public tender or public auction,

the auctioneer or as a member of an organized group,



(b) such offence substantial) causes damage, or



(c)) gets such offense for himself or for another substantial benefit.



(3) as well as in paragraph 2 will be punished, who, in the circumstances referred to

in paragraph 1, accepts or requests the promise's securities or other

benefit.



(4) Whoever, in the circumstances referred to in paragraph 1, the requested or you can

promise securities or other benefit and commits such act as the official

the person shall be punished by imprisonment for three years to ten years.



§ 257



Meddling in the award of public contracts and tenders



(1) Whoever commits intrigue in connection with awarding contracts

or with public competitions by



and with cunning or threat of violence) or other heavy injury induces another to

refrain from participation in a procurement procedure or a design contest,



(b)) else provides, offers or promises a property or other benefit under the

that it will abstain from participation in a procurement procedure or a design contest,



(c)) or securities or asks another favor for it, that they refrain from

participation in the procurement procedure or in a public competition, or



(d)) on the basis of the agreement with any other candidate or tenderer operates

leading to the award of a contract for an unreasonably high or otherwise

disadvantageous price



shall be punished by imprisonment for up to three years or prohibition of activity.



(2) imprisonment of two years to eight years, the offender will be punished,

commit any of the acts referred to in paragraph 1



and) intend to procure himself or any other substantial benefit, or



(b)) as an official person.



(3) imprisonment for three years to ten years the offender will be punished,

commit any of the acts referred to in paragraph 1



and) intend to procure oneself or others favour large scale, or



(b)) as the official person intends to supply yourself or another substantial benefit.



§ 258



Defeated at public auction



(1) Whoever commits shenanigans at public auction the stuff by



and with cunning or threat of violence) or other heavy injury induces another to

refrain from participation in the proposals when bidding,



(b)) else provides, offers or promises a property or other benefit under the

that they refrain from proposals when bidding, or



(c)) or securities or asks another favor for it, that they refrain from

proposals when bidding,



shall be punished by imprisonment for up to three years or prohibition of activity.



(2) imprisonment of two years to eight years, the offender will be punished,

commit any of the acts referred to in paragraph 1



and) intend to procure himself or any other substantial benefit, or



(b)) as an official person.



(3) imprisonment for three years to ten years the offender will be punished,

commit any of the acts referred to in paragraph 1



and) intend to procure oneself or others favour large scale, or



(b)) as the official person intends to supply yourself or another substantial benefit.



section 259



Exposing false confirmations and reports



Who on behalf of the Bank or other businesses authorized to operate

financial activities under other legislation issues another

false acknowledgement of his financial situation or its assets

circumstances, or



who will issue another time as the auditor of the auditor's report or

false proof of financial situation or financial circumstances,



shall be punished by imprisonment for up to two years or prohibition of activity.



§ 260



Damage to the financial interests of the European Union



(1) Whoever shall draw up, apply or submit a false, incorrect or

incomplete documents or in such documents shall indicate false or grossly

distorting data relating to income or expenses of the General

budget of the European Union or budgets managed by the European Union or

on behalf of such documents or data, or conceal, thereby allowing

incorrect use or withholding of funds from any

such a budget or reducing the sources of a such a budget,

shall be punished by imprisonment for up to three years, the prohibition of activities or

forfeiture of things.



(2) the same shall be punished who wrongly reduced or it's financial

the resources that make up the revenue or expenditure of the general budget of the European

the European Union or budgets managed by, or on behalf of the European Union.



(3) imprisonment for one to five years or a financial penalty will be

the offender is punished, it causes the offence referred to in paragraph 1 or 2 more

damage.



(4) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b) if he commits such) Act as a person who has specifically imposed the obligation to

defend the interests of the European Union, or



(c)) if he causes considerable damage to such offence.



(5) the imprisonment of five to ten years the offender will be punished,

If the offence referred to in paragraph 1 or 2 of the damage of great magnitude.



§ 261



Violation of the rules on the circulation of goods in contact with foreign countries



(1) who significantly endanger the general interest that violates the prohibition, restriction

or another important requirement for import, export or transit of

the goods will be punished by imprisonment for up to two years, ban

or forfeiture of things.



(2) imprisonment for one to five years or a financial penalty will be

the offender is punished,



and if the offense commits a) referred to in paragraph 1 at least two persons,



(b)) if he causes considerable damage to such offence, or



(c)) if he causes or increases the risk of introduction of such Act, or

expansion of infectious diseases of animals in companion animal establishments, economic

animals, or wildlife, or infectious diseases or pests

commercial plants.



(3) imprisonment of two years to eight years, the offender will be punished,



and if the offence) cause referred to in paragraph 1, the damage of great magnitude, or



(b)) if he causes or increases the risk of introduction of such Act, or

extension of contagious human diseases.



§ 262



Violations of the regulations on the control of exports of dual-use goods and technologies



Anyone without a valid authorisation to export dual-use items or technologies,

shall be punished by imprisonment for three to eight years, cash

the penalty or forfeiture of property.



§ 263



Breach of duties on exports of dual-use goods and technologies



(1) a person who contravenes or fails to comply with an important obligation arising from its

employment, profession, position or function, and causes by

wrongly granted a permit to export goods or technologies dual-

the use of such goods or that escapes from the register, shall be punished by imprisonment

freedom for up to three years or prohibition of activity.



(2) imprisonment for six months to five years or financial penalty

the offender will be punished,



and if, as a result of the crime) referred to in paragraph 1, the goods were exported,




(b) if he commits such) action plan to get for himself or for another considerable

benefit, or



(c)) if he causes considerable damage to such offence.



(3) imprisonment of up to three years, eight years or forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1, in conjunction with organised

Group operating in multiple States,



(b) if he commits such) action plan to get for himself or for another

benefit of large extent, or



(c)) if he causes damage to a large extent in such a crime.



§ 264



Misrepresentation and failure to keep supporting documents in respect of the export of goods and technology

dual-use items



(1) Whoever reaches on the basis of false or incomplete information releases

permits to export goods, or dual-use technologies, will be punished

imprisonment of up to two years or prohibition of activity.



(2) the same shall be punished, who the documents required for the registration of export

dual-use goods and technologies, damaged, shall be destroyed

certain withholds or does not register or who shall take the action to

computer hardware or software, which leads

evidence of such goods and technologies.



§ 265



The implementation of foreign trade with military material without permission, or

license



(1) Whoever without authorization or license performs foreign trade with military

material, shall be punished by imprisonment for one to eight years,

financial penalty or ban.



(2) imprisonment for three years to ten years, or forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1, in conjunction with organised

the group,



(b)) if such act committed during a State of emergency or a war

the State,



(c)) where such offence committed repeatedly,



(d)) if such offense for himself or for another substantial benefit,



(e)) if he causes any damage to such act of large-scale,



(f)) if he commits such act in relation to a significant military material,

or



(g)) if he causes such offence, that the military gets to the area

a war or other armed conflict or to the State where it is

increased danger of war or other armed conflict.



§ 266



Violation of obligations in connection with the issuance of permits and licences for the

foreign trade with military material



(1) a person who contravenes or fails to comply with an important obligation arising from its

employment, profession, position or function, and causes by

wrongly granted a permit to carry out foreign trade with

military material or license for a particular trade with military

material, or issue a false or incomplete document, on the basis of

such permit or licence issued illegally will be punished

imprisonment of six months to three years or prohibition of activity.



(2) imprisonment for two years and five years, or a financial penalty will be

the offender is punished,



and if the offense commits a) referred to in paragraph 1, in conjunction with organised

the group,



(b)) if he causes such offence, that the military got abroad,



(c)) where such offence committed intends to get for himself or for another considerable

benefit,



(d)) if he causes considerable damage to such offence, or



(e)) if he commits such act in relation to a significant military material.



(3) imprisonment for three years to ten years, or forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1, in conjunction with organised

Group operating in multiple States,



(b) if he commits such) action plan to get for himself or for another

benefit of large scale,



(c)) if he causes any damage to such offence, or a large scale



(d)) if he causes such offence, that the military gets to the area

a war or other armed conflict or to the State where it is

increased danger of war or other armed conflict.



§ 267



Misrepresentation and failure to keep documents concerning foreign trade in

military material



(1) Whoever on the application for authorisation or license to foreign trade with

military material showing false or incomplete document or

conceal facts relevant to the issue of permits or licences will be

punished with imprisonment of up to three years or prohibition of activity.



(2) the same shall be punished,



who the documents required for registration of foreign trade with military

material damages, destroys, conceals or makes certain

registration does not lead, or



who will make the intervention into the hardware or software of the computer

which leads the registration of foreign trade with military material.



Part 4



Crimes against industrial rights and against copyright law



§ 268



Violation of trademark rights and other indications



(1) who puts into circulation products or providing services illegally

marked trade mark, to which the exclusive right belongs to another, or

mark a fungible or her for this purpose yourself or another such

products it offers, arrange, produce, takes, takes or otherwise affix

or houses, or a service to offer or arrange, the

punished by imprisonment up to two years, ban or

forfeiture of things.



(2) as well, who will be punished to achieve economic benefit

trade name or misappropriates any signs with her

interchangeable or puts into circulation products or services unjustly

bearing the designation of origin or geographical indication or such

interchangeable with it or marking for this purpose yourself or another

such products or services to offer, arrange, produce, bring,

to export or otherwise affix or houses.



(3) imprisonment for six months to five years, financial penalty

forfeiture of things the offender will be punished,



and if the offence), referred to in paragraph 1 or 2, for himself or for another

substantial benefit, or



(b)) if he is such an act on a very large scale.



(4) imprisonment for three years and eight years, the offender will be punished,



and if the offence), referred to in paragraph 1 or 2, for himself or for another

benefit of large extent, or



(b)) if he is such a crime on a large scale.



section 269



Violation of the protected industrial rights



(1) Whoever unlawfully hits rather than slightly to the rights to the protected

invention, utility model, industrial design or topography

semiconductor product, shall be punished by imprisonment for up to two years,

ban or forfeiture of things.



(2) imprisonment for six months to five years, financial penalty

forfeiture of things the offender will be punished,



and if the Act) referred to in paragraph 1, the characters of a business or an

another business,



(b)) if such offense for himself or for another substantial benefit,

or



c) commits such an act to be in striking range.



(3) imprisonment for three years and eight years, the offender will be punished,



and if the offence), referred to in paragraph 1, for himself or for another

benefit of large extent, or



(b)) if he is such a crime on a large scale.



section 270



Infringement of copyright, rights related to copyright and rights

to the database



(1) Whoever unlawfully hits rather than slightly to legally protected rights

to author the piece, art performance, a sound or sound image

record, radio or television broadcasts or database will be

punished by imprisonment up to two years, ban or

forfeiture of things.



(2) imprisonment for six months to five years, financial penalty

forfeiture of things the offender will be punished,



and if the Act) referred to in paragraph 1, the characters of a business or an

another business,



(b)) if such offense for himself or for another substantial benefit or

If this causes another considerable damage, or



c) commits such an act to be in striking range.



(3) imprisonment for three years and eight years, the offender will be punished,



and if the offence), referred to in paragraph 1, for himself or for another

benefit of large extent or causes damage to another large

extent, or



(b)) if he is such a crime on a large scale.



§ 271



Counterfeiting and imitation of a work of fine art



(1) Whoever forges artistic authorship or mimicking the artistic expression

another author intend to make the new work to be considered original work

like that of the author, shall be punished by imprisonment for up to three years, the prohibition of

activity or forfeiture of things.



(2) imprisonment for one to six years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if such offense for himself or for another substantial benefit,

or



c) commits such an act to be in striking range.



(3) imprisonment for three years to ten years the offender will be punished,



and if the offence), referred to in paragraph 1, for himself or for another

benefit of large extent, or



(b)) if he is such a crime on a large scale.



TITLE VII



OFFENCES GENERALLY DANGEROUS



Part 1



In General, the offences threatening



§ 272



General threat



(1) Whoever wilfully causes a general danger by releasing people in danger

death or severe injury to health or foreign assets in risk of damage

large scale that will cause a fire or flood or malicious

the effects of explosives, gas, electricity or other similarly dangerous


substances or forces, or commits other similar malicious acts,

or



who such a general risk increase or make more difficult his head off or

to mitigate this,



shall be punished by imprisonment for three to eight years.



(2) imprisonment for eight to fifteen years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if such act committed repeatedly within a short time,



(c)) if he causes any damage to such offence, or a large scale



(d)) if he causes such a severe injury to the health of the crime, at least two people

or death.



(3) imprisonment for twelve to twenty years or an exceptional punishment

the offender will be punished,



and if the offence) cause referred to in paragraph 1 deliberately, death, or



(b)) if such act committed during a State of emergency or a war

State.



(4) preparation is punishable.



§ 273



The general threat of negligence



(1) Whoever negligently causes a general danger by releasing people in

the risk of death or severe injury to health or foreign assets at risk

large scale damage that will cause a fire or flood or

harmful effects of explosives, gas, electricity or other similar

dangerous substances or forces, or commits another similar

dangerous acts, or



who from the negligence of such general dangers will increase or make more difficult his

averting or mitigating,



shall be punished by imprisonment for up to two years or prohibition of activity.



(2) imprisonment for six months to five years or a ban on the activities of the

the offender will be punished,



and if the offence) cause referred to in paragraph 1 a severe injury to health,



(b) if he commits such) Act because they violated an important obligation

arising out of his employment, profession, position or function or

saved him according to the law, or



(c)) if he causes considerable damage to such offence.



(3) imprisonment of two years to eight years or financial penalty will be

the offender is punished,



and if the offence) cause referred to in paragraph 1, or death



(b) if the offence) cause referred to in paragraph 2 (a). (b)) damage large

the range or a severe injury to health.



(4) imprisonment for three years to ten years the offender will be punished,

If the offence referred to in paragraph 2 (a). (b)) death.



§ 274



Danger under the influence of drugs



(1) whoever carries the State as to eligibility, which precipitated a

the influence of addictive substances, employment or any other activity, in which case the

could endanger the life or health of humans or cause significant damage to

property, shall be punished by imprisonment for up to one year, cash

penalty or ban.



(2) imprisonment for six months to three years, financial penalty

the offender will be punished with ban,



and if the offence) cause referred to in paragraph 1 crash, traffic or other

the accident, another injury to health or greater damage to foreign property

or other severe effect



(b)) if such act committed in the performance of work or other activities

that is the effect of addictive substances particularly dangerous, especially if

mass transport, or



(c)) If for such a performance in the last two years, the convicted or from the exercise of

imprisonment imposed for such offence.



§ 275



Breach of the obligation in dire straits



Who frustrates or make more difficult the avert or mitigate the dire emergency that directly

It affects a larger group of people, the fact that, without a serious reason



and) assistance, which denies he is under the law, imposed or to which the

committed, or



(b)) providing such assistance to stymie another person,



shall be punished by imprisonment for up to three years or prohibition of activity.



§ 276



Damage and compromised service of general economic interest the device



(1) Whoever intentionally damages the devices of general interest or would jeopardise its

operation or use, shall be punished by imprisonment for up to three years

or prohibition of activity.



(2) imprisonment for one year to six years or financial penalty

the offender will be punished,



and if destroyed) removes or if unusable in General

beneficial equipment,



(b) if the offence) cause referred to in paragraph 1 the fault operation generally

usefulness of the device, or



(c)) if he causes considerable damage to such offence.



(3) imprisonment of two years to eight years, the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 (a). and the big damage)

extent, or



(b)) if such act committed during a State of emergency or a war

State.



§ 277



Damage and compromised service of general economic interest the device from the negligence



(1) whoever destroys the gross negligence, damages, deletes, or makes

unusable devices of general interest or threaten the operation of the General

usefulness of the device, shall be punished by imprisonment for up to one year

or prohibition of activity.



(2) imprisonment of up to three years, the offender will be punished,



and if the offence) cause referred to in paragraph 1, the damage of great magnitude, or



(b)) if such act committed during a State of emergency or a war

State.



§ 278



Damage to the geodetic point



(1) who intentionally destroys, damages or make neupotřebitelnou brand



the geodetic base point) geodynamické network



(b)) of the survey point reference grid, zero order,



(c)) of the survey point reference grid, zero order, supplemented by



(d) the experience of geodetic base point), or



(e)) of the absolute gravity survey point



shall be punished by imprisonment for up to two years or a financial penalty.



(2) the same shall be punished who intentionally destroys, damages or make

unusable equipment permanent station to receive signals

global navigation systems the United network of permanent stations for

positioning.



§ 279



Illegal arming



(1) Whoever without authorization produces, oneself or others shall affix, or holding any of the

a firearm or its main parts or components or large quantities of

ammunition or disabled add-on weapons, shall be punished by imprisonment

up to two years, ban or forfeiture of things.



(2) the same shall be punished,



who puts into střelbyschopného State znehodnocenou weapon or

performs design changes to its entry into

střelbyschopného State or on the weapon will carry out structural changes

seeking to increase its effectiveness, or



who forges, alters, or removes unique identification of EXPUNGE

firearms, which allows you to identify it.



(3) Whoever without authorization



and) plant, to yourself or to another shall affix, or holding any of the explosive in the amount of

more than a small, effective en masse or weapon needed to

the use of such weapons must necessarily be, or



(b)) accumulate, manufactures or procures weapons oneself or others, or in the

a substantial quantity of ammunition,



shall be punished by imprisonment for six months to five years.



(4) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 3 as a member of an organized group,



(b)) if such act he commits to a greater extent, or



(c)) if such acts committed during a State of emergency or a war

State.



§ 280



Development, production and possession of prohibited means of combat



(1) the person who produces, imports, export, propel, develops, harbouring or

accumulate weapons, vehicles or explosives prohibited by law or

international treaty or otherwise disposes of them, will be punished by imprisonment

freedom to two years to eight years, or forfeiture of property.



(2) the same shall be punished who plants intended for the development, production or

storage of weapons, munitions or explosives referred to in

paragraph 1 designs, builds or uses.



(3) imprisonment for five to twelve years of age, or forfeiture of property will be

the offender is punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b)) if such act he commits to a greater extent, or



(c)) if such acts committed during a State of emergency or a war

State.



(4) preparation is punishable.



§ 281



Illegal production and possession of radioactive material and a highly dangerous substance



(1) Whoever without authorization, even if gross negligence, produces, imports, export,

propel, houses or other highly radioactive material shall seek or

hazardous substance or articles for its production, will be punished

by imprisonment for one to five years, financial penalty or ban

activity.



(2) imprisonment for two years to ten years, or forfeiture of property

the offender will be punished,



and if the offence) cause referred to in paragraph 1 a severe injury to health,



(b)) if such act he commits to a greater extent, or



(c)) gets such offense for himself or for another substantial benefit.



(3) imprisonment for eight to sixteen years of age, or forfeiture of property

the offender will be punished,



and if the offence) cause referred to in paragraph 1 a severe injury to the health of at least

two persons or death,



(b)) if such offense for himself or for another favor large

the range,



(c)) where such offence committed as a member of an organized group, or



(d)) commit such act during a State of emergency or a war

State.



(4) preparation is punishable.



§ 282



Illicit manufacture and possession of nuclear material and special fissionable

material




(1) Whoever without authorization, even if gross negligence, produces, imports, export,

propel, houses or other default shall seek nuclear material or

articles for its production, shall be punished by imprisonment for two

years to ten years.



(2) Whoever without authorization, even if gross negligence, produces, imports, export,

propel, houses or other festive special fissionable material, or

articles for its production, shall be punished by imprisonment for up to eight

for fifteen years.



(3) preparation is punishable.



§ 283



The illicit manufacture of, and the other dealing with narcotic drugs and psychotropic substances

and with poisons



(1) Whoever illegally produces, imports, export, propel, offer,

provides, sells or otherwise to another shall affix, or for another

holding any narcotic or psychotropic substance, product containing

a narcotic or psychotropic substance, precursor, or poison, will be punished

by imprisonment for one to five years or a financial penalty.



(2) imprisonment for two years to ten years, or forfeiture of property

the offender will be punished if he commits an act referred to in paragraph 1



and as a member of an organized group),



(b)) Although he was for such a performance in the last three years, the convicted or

punished,



(c)) in a significant extent, or



(d)) to a greater extent against a child, or more than a little respect

a child who is under 15 years of age.



(3) imprisonment for eight to twelve years of age, or forfeiture of property will be

the offender is punished,



and if the offence) cause referred to in paragraph 1 a severe injury to health,



(b) if he commits such) action plan to get for himself or for another considerable

benefit,



(c)) where such offence committed on a large scale, or



(d)) commit such act to a greater extent against a child under the age of fifteen

years of age.



(4) imprisonment of ten to eighteen years of age, or forfeiture of property

the offender will be punished,



and if the offence) cause referred to in paragraph 1 a severe injury to the health of at least

two persons or death,



(b) if he commits such) action plan to get for himself or for another

benefit of large extent, or



(c)) if such acts committed in connection with an organized group active in

more States.



(5) preparation is punishable.



§ 284



Possession of narcotic drugs and psychotropic substances and poison



(1) Whoever unlawfully harbouring for their personal use in quantities

than a narcotic substance, small cannabis resin of cannabis or psychotropic

a substance containing any tetrahydrocannabinol, or its isomer

stereochemickou Variant (THC) will be punished with imprisonment of up to

one year ban or forfeiture of things.



(2) Whoever illegally holds the body of another for his own use narcotic or

psychotropic substance than that referred to in paragraph 1 or more poison

than small, shall be punished by imprisonment for up to two years, ban

activity or forfeiture of things.



(3) imprisonment for six months to five years or financial penalty

the offender will be punished if he commits an act referred to in paragraph 1 or 2 in the

larger scale.



(4) imprisonment of two years to eight years, the offender will be punished,

commit any of the acts referred to in paragraph 1 or 2 on a very large scale.



§ 285



The illicit cultivation of plants containing narcotic or psychotropic

substance



(1) Whoever unlawfully cultivated for their personal use in quantities of more than

a small plant hemp, shall be punished by imprisonment for up to six

months, a financial penalty or forfeiture of things.



(2) Whoever illegally grown for their personal use in quantities of more than

small sponge or other plant than referred to in paragraph 1 containing

a narcotic or psychotropic substance, shall be punished by imprisonment for up to

one year, a financial penalty or forfeiture of things.



(3) imprisonment of up to three years or financial penalty the offender will be

punished, commit any of the acts referred to in paragraph 1 or 2, to a greater extent.



(4) imprisonment for six months to five years, the offender will be punished,

commit any of the acts referred to in paragraph 1 or 2 on a very large scale.



§ 286



Production and possession subject to the illicit manufacture of narcotic drugs and psychotropic

substances and poison



(1) whoever produces, oneself or others shall affix or holding any precursor or

other article intended for the illicit manufacture of narcotic drugs or psychotropic substances,

the product, which contains a narcotic or psychotropic substance or poison

shall be punished by imprisonment for up to five years, financial penalty,

ban or forfeiture of things.



(2) imprisonment for two years to ten years the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if such act committed in a significant extent,



(c)) if such act he commits to a greater extent against a child, or



(d)) if such offense for himself or for another substantial benefit.



§ 287



The spread of drug addiction



(1) who seduces another abuse of addictive substances other than alcohol

or in the supports, or who otherwise abuse of such substances

incites or spreads, will be punished by imprisonment for up to three years, or

prohibition of activity.



(2) imprisonment for one to five years or a financial penalty will be

the offender is punished, commit any of the acts referred to in paragraph 1



and as a member of an organized group),



(b)) to the child, or



(c)), film, radio, television, a publicly accessible computer

network or other similarly effective manner.



(3) imprisonment of two years to eight years, the offender will be punished,

commit any of the acts referred to in paragraph 1 against a child under 15 years of age.



§ 288



Production and other handling of substances having a hormonal action



(1) Whoever unlawfully in larger quantities produce, possess, take,

export, brings in, offers, sells, gives or other substance shall submit with

anabolic or other hormonal effect for other than therapeutic

purpose, or to another method of increasing the

oxygen transfer in the human organism, or another method with dopingovým

effect for other than therapeutic purposes, shall be punished by imprisonment of up to

to one year.



(2) imprisonment for one to three years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if such act committed against a child under 15 years of age, or



(c)) where such offence committed in a significant extent of older against a child

fifteen years old.



(3) imprisonment of two years to eight years, the offender will be punished,



and if the offence) cause referred to in paragraph 1 a severe injury to health,



(b) if he commits such) action plan to get for himself or for another considerable

benefit,



(c)) where such offence committed in a significant extent to the child younger

fifteen years,



(d)) where such offence committed as a physician or other qualified health care

person.



(4) imprisonment for five years to twelve years the offender will be punished,



and if the offence) cause referred to in paragraph 1 a severe injury to the health of at least

two persons or death,



(b) if he commits such) action plan to get for himself or for another

benefit of large extent, or



(c)) if such acts committed in connection with an organized group active in

more States.



§ 289



Common provisions



(1) the Act provides what is considered narcotic substances, psychotropic substances,

products containing a narcotic or a psychotropic substance, precursors

used for the illegal manufacture of narcotic drugs or psychotropic substances.



(2) the Government provides what is considered poisons within the meaning of § 283,

284 and 286.



(3) the Government shall determine which plants or fungi are considered

plants and fungi containing narcotic or psychotropic substance under section 285

and what is their quantity is more than a little in terms of section 285.



(4) the Government provides what is considered to be a substance having an anabolic and

other hormonal effect and what is the greater quantity within the meaning of § 288, and

What is considered a method of increasing the oxygen transfer in

the human organism and other methods with dopingovým effect within the meaning of § 288.



Part 2



Offences endangering the aerial vehicle, a civilian vessel, and

fixed platform



§ 290



Gaining control of air transport, civil vessel

and a fixed platform



(1) Whoever on board the means of transport, the civil air-craft

or on a fixed platform on the Mainland stranded intending to receive or

to exercise control over the airspace of the means of transport, the civil

vessel or a fixed platform



and) enjoys against another violence or threats of imminent violence,



(b)) is threatening another killing, or causing bodily harm

large scale damage, or



(c) misuses another defenseless,)



shall be punished by imprisonment for eight to fifteen years or by forfeiture of

asset.



(2) imprisonment for twelve to twenty years or an exceptional punishment

In addition to these penalties, where applicable, whether the offender will be forfeiture of property

punished,



and if the offence) cause referred to in paragraph 1 undertake health at least severe

two persons or death, or



(b)) if such act committed during a State of emergency or a war

State.



(3) preparation is punishable.



§ 291



Endangering the safety of air transport and civil

the vessel



Who shall communicate false information which may affect the safety or

the operation of air transport flight or a civil vessel


for cruises, will be punished by imprisonment for up to three years or a ban

activity.



§ 292



The introduction of air-transport abroad



(1) Whoever, for the purpose of introduction of air means of transport abroad

such means of transport shall authorise or shall be used

such means of transport that was entrusted to him, he will be punished

imprisonment for three years to ten years, or forfeiture of property.



(2) imprisonment for eight to fifteen years, or next to the

the sentence also forfeiture of property, or an exceptional punishment, the offender will be

punished, if he causes offence referred to in paragraph 1 a severe injury to

health.



(3) imprisonment for twelve to twenty years or an exceptional punishment

In addition to these penalties, where applicable, whether the offender will be forfeiture of property

punished,



and if the offence) cause referred to in paragraph 1 undertake health at least severe

two persons or death, or



(b)) if such act committed during a State of emergency or a war

State.



(4) preparation is punishable.



TITLE VIII



OFFENCES AGAINST THE ENVIRONMENT



§ 293



Damage and danger to the environment



(1) Whoever in violation of Ordinances intentionally injures or threatens

soil, water, air, or other component of the environment, and in

larger scale or larger, or in such a way that it can

cause severe personal injury or death or if it is to eliminate

the consequences of such acts should be made in significant costs to the extent

or



who intentionally damage or threat to the environmental

increase or make more difficult his head off or alleviate,



shall be punished by imprisonment for up to three years or prohibition of activity.



(2) imprisonment for one to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1, again



(b) if he commits such) Act because they violated an important obligation

arising out of his employment, profession, position or function or

saved him according to the law,



(c)) if he causes such act permanent or long-term damage to the folder

of the environment,



(d)) if it is to eliminate the consequences of such an act should be made in the costs

a large scale, or



(e)) if he commits such Act intends to acquire for himself or for another considerable

benefit.



(3) imprisonment of two years to eight years, the offender will be punished,

commit such Act intends to get for himself or for another favor

a large scale.



§ 294



Damage and danger to the environment through negligence



(1) Whoever in violation of Ordinances from the gross negligence of the damage

or will threaten the land, water, air, or other component of the environment,

and on a larger scale or larger, or in such a way that the

This can cause severe personal injury or death, or if

remove the effects of such acts should be made in significant costs

extent, or



who from the gross negligence of such damage or threat to the elements of the

environment will increase or make it more difficult remedy or mitigation,



shall be punished by imprisonment for up to six months or a ban.



(2) imprisonment of up to two years or a ban on the activities of the offender will be

punished,



and if the offense commits a) referred to in paragraph 1 because they violated an important

obligation arising out of his employment, profession, position or

function or stored according to the law,



(b)) if he causes such act permanent or long-term damage to the folder

the environment, or



(c)) if it is to eliminate the consequences of such an act should be made in the costs

a large scale.



section 294a



Damage to the water source



Who, even from gross negligence, causes damage to water resources

which provided for a protection zone, so that it ceases to exist or is considerably

weakened by the reason for the special protection of the water source will be punished

imprisonment of up to two years.



§ 295



Damage to the forest



(1) Whoever, even through negligence, extraction of forest or other activities

carried out in breach of other legislation causes, even if

connecting to an existing holině, the emergence of cuts or bare causes

serious damage to the overall larger area of forest or proředí forest

the vegetation below the zakmenění laid down other legislation on

the overall larger area of the forest, shall be punished by imprisonment for up to two years

or prohibition of activity.



(2) imprisonment for six months to four years or prohibition of the activities of the

the offender will be punished,



and if the offense commits a) referred to in paragraph 1, or again



(b)) If a mining or other activities referred to in paragraph 1 bare CET

or proředění on the overall significant area forest.



§ 296



Common provisions



(1) the Larger the territory pursuant to § 293 and 294 means an area at least

three hectares and, in the case of surface water in water bodies, with the exception of

water courses, at least one hectare of water area and the water flow

at least two kilometres of its length; each of the affected territory and length of

watercourse are added together.



(2) the total larger forest under § 295 means the area greater than

one and a half hectares, and overall a significant forest area means the area

larger than three hectares.



(3) damage or threats to soil, water, air or other folder

the environment includes the operation of the equipment in which it is

dangerous activity carried out or in which are stored or used

hazardous substance or mixture, without permission under another law.



section 297



Unauthorized release of pollutants



(1) Whoever in violation of an international agreement, even recklessly, he

or, if it is required to prevent deletion of oil, noxious liquid

or other similar pollutant from a ship or other marine

the vessel, shall be punished by imprisonment for six months to three years,

ban or forfeiture of things.



(2) imprisonment for one to five years, the offender will be punished,

commit any of the acts referred to in paragraph 1



and as a member of an organized group), or



(b)).



(3) imprisonment of two years to eight years, the offender will be punished,

If the offence referred to in paragraph 1



and severe injury to health),



b) significant and widespread damage to water quality, to animal or

plant species or parts thereof, or



c) harm to the environment, to which deletion is required

costs on a large scale.



(4) imprisonment for three years to ten years the offender will be punished,

If the offence referred to in paragraph 1 death.



§ 298



Unauthorised waste management



(1) Whoever, even through negligence, violates any other law governing the

the management of waste by waste transported across the border State without

notification or the consent of a competent public authority, or in such

notification or request for consent or in the attached supporting documents shall be

false or grossly distorted information or material information at length, the

punished with imprisonment of up to one year or a ban.



(2) Whoever, even through negligence, in conflict with other legislation imposes

waste or is postponed, transporting or otherwise handling with them and thus

causes damage or threat to the environment, to which

you need to make in a significant range of costs, shall be punished by imprisonment

of liberty up to two years or prohibition of activity.



(3) imprisonment for six months to three years or a ban on the activities of the

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b)) if such offense for himself or for another substantial benefit,

or



(c)) where such offence committed repeatedly.



(4) imprisonment for one to five years or a financial penalty will be

the offender is punished,



and if the offence), referred to in paragraph 1 or 2, for himself or for another

benefit of large extent, or



(b)) if such act of hazardous waste.



section 298a



Unauthorized production and other substances harmful to the ozone handling

layer



(1) Whoever in violation of other legislation, even if gross negligence,

produces, imports, export, to market ozone-depleting substance

or otherwise disposes of, shall be punished by imprisonment for up to one

the year ban or forfeiture of things.



(2) imprisonment for six months to three years, the offender will be

punished,



and if the offense commits a) referred to in paragraph 1, again



(b) if he commits such) action plan to get for himself or for another considerable

benefit, or



c) commits such act in a significant range.



§ 299



Unauthorized handling of protected wildlife and flora

growing plants



(1) Whoever in violation of other legislation will kill, destroy, damage,

withdraw from the nature, processes, imports, export, propel, houses,

offers, arrange, oneself or others shall affix an individual especially

a protected species of animal or plant, or a specimen of a protected species

and he commits such act on more than twenty-five pieces of animals, plants

or specimens, shall be punished by imprisonment for up to three years, the prohibition of

activity or forfeiture of things.



(2) the same shall be punished who in conflict with other legislation


kills, destroys, damages, shall withdraw from the nature, processes, imports, export,

tour, keeps, offers, arrange, yourself or another must affix the

individuals strongly or critically endangered species animal or plant

or specimen of the species endangered of extinction directly or extinction.



(3) imprisonment for six months to five years, ban or

forfeiture of things the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b) if he commits such) action plan to get for himself or for another considerable

benefit, or



(c)) if he causes such a crime long term or irreversible damage to the population

wild animal or wild plants or local

population or Habitat particularly protected species of animal or plant.



(4) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, in conjunction with organised

Group operating in multiple States,



(b) if he commits such) action plan to get for himself or for another

benefit of large extent, or



(c)) if he causes such a crime long term or irreversible damage to the local

population or Habitat of the critically endangered species animal or

plants.



section 300



Unauthorized handling of protected wildlife and flora

growing plants from the negligence



Who through gross negligence violates any other legislation that will kill,

destroys, damages, shall withdraw from the nature, processes, imports, export repeatedly

or tour, keeps, offers, or each other, or other

affix the individual particularly protected species of animal or plant, or

a specimen of a protected species in more than twenty-five pieces or

the individual critically endangered species animal or plant or specimen

the species endangered of extinction or the extinction directly, shall be punished by imprisonment

of up to one year, a ban, or forfeiture of things.



§ 301



Damage to protected parts of nature



Who, even from gross negligence, breach of another law by

damage or destroy the tree, a significant landscape element, cave,

the specially protected territories, significant site or bird area

so that it ceases to exist or is severely weakened, and the reason for the protection of such

part of the nature will be punished by imprisonment for up to three years, the prohibition of

activity or forfeiture of things.



section 302



Cruelty to animals



(1) whoever being hurt animal



and especially raw or sharp) way, or



(b) raw or harrowing) publicly or in a place public

accessible,



shall be punished by imprisonment for up to two years, ban or

forfeiture of things.



(2) imprisonment for six months to three years or a ban on the activities of the

the offender will be punished,



and) If for an offence referred to in paragraph 1 in the last three years

convicted or punished, or



(b)) if he causes the animal in such a týranému offence to permanent damage to the health of

or death.



(3) imprisonment for one to five years, the offender will be punished,

commit any of the acts referred to in paragraph 1 on a larger number of animals.



§ 303



Neglecting the care of animal negligence



(1) whoever of gross negligence fail to perform the necessary care of the animal that

custom, or which is obliged to take care for another reason, and deals

This permanent damage to health or death will be punished by imprisonment

up to six months, ban or forfeiture of things.



(2) imprisonment of up to two years the offender will be punished, if he causes

offence referred to in paragraph 1, the death or permanent damage to the health of the greater

the number of animals.



§ 304



Poaching



(1) Whoever unlawfully hunting deer or fish worth not slight or

hide, or else converts or holding any unduly

caught animals or fish in the value rather than the minor, will be punished

imprisonment of up to two years, ban or forfeiture of things.



(2) imprisonment for six months to five years, financial penalty

forfeiture of things the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if such offense for himself or for another, more



(c)) where such offence committed as a person who has specifically imposed the obligation to

to protect the environment,



(d)) commit such act particularly zavrženíhodným way, in bulk

in an effective manner or at a time defending, or



e) if such action in the past three years, the convicted or

punished.



§ 305



Unauthorized manufacture, possession and other handling of drugs and other substances

affecting the utility of farm animals



(1) Whoever illegally produces, imports, export, propel, offers,

provides, sells or otherwise affix or holding any substance with

thyreostatickými, gestagenními, androgenic, estrogenními or other

hormonal effects, beta-agonist or other substance intended for

stimulate livestock performance or preparation containing

such a substance, shall be punished by imprisonment for up to one year, a ban

activity or forfeiture of things.



(2) the same shall be punished who in conflict with other legislation

uses of the drug in order to increase livestock performance or

to this end, constructed, takes, takes, propel, offers,

provides, sells or otherwise affix or houses.



(3) imprisonment for six months to three years, the offender will be

punished, commit any of the acts referred to in paragraph 1 or 2



and as a member of an organized group),



(b)),



c) intend to acquire for himself or for another substantial benefit, or



d) extensively.



(4) imprisonment for one to five years, the offender will be punished,

commit any of the acts referred to in paragraph 1 or 2



and as a member of an organized group) operating in multiple States,



(b)) intend to acquire for himself or for another benefit of large scale,

or



(c)) on a large scale.



§ 306



The spread of contagious diseases of animals



(1) Whoever, even through negligence, causes or increases the risk of introduction of

or extension of infectious diseases of animals in companion animal establishments,

livestock or wild animals, shall be punished by imprisonment

of up to one year, a ban, or forfeiture of things.



(2) imprisonment for six months to three years, the offender will be punished,

If the offence referred to in paragraph 1 the extension of such diseases.



§ 307



The spread of contagious diseases and pests of commercial plants



(1) Whoever, even through negligence, causes or increases the risk of introduction of

or extension of infectious diseases or pests of commercial plants will be

punished with imprisonment of up to one year, a ban or

forfeiture of things.



(2) imprisonment for six months to three years, the offender will be punished,

If the offence referred to in paragraph 1 the extension of such illness or

such a pest.



§ 308



Common provisions



Government regulation establish that diseases of animals and plants are considered

contagious within the meaning of § 306 and 307, and that pest covers

the provisions of § 307.



TITLE IX OF THE



OFFENCES AGAINST THE CZECH REPUBLIC, TO A FOREIGN STATE AND INTERNATIONAL

ORGANIZATION



Part 1



Offences against the foundations of the Czech Republic, a foreign State and international

Organization



§ 309



Treason



(1) a citizen of the United States, which, in conjunction with a foreign power or foreign

agent commits the offense of Subversion (section 310),

a terrorist attack (section 311), terror (section 312) or sabotage (§ 314),

shall be punished by imprisonment for fifteen to twenty years, or

next to this sentence also forfeiture of property, or an exceptional punishment.



(2) preparation is punishable.



§ 310



Subversion



(1) who intend to subvert the constitutional system, territorial integrity or

immunity of the United States or destroy its autonomy is

involved in violent actions against the Czech Republic or its institutions, will

punished by imprisonment for eight to twelve years of age, or next to the

the sentence also the forfeiture of property.



(2) imprisonment for twelve to twenty years or next to the

the sentence also forfeiture of property, or an exceptional punishment of the offender will be

punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if he causes such a severe injury to the health of the crime, at least two people

or death,



(c)) if he causes any damage to such act of large-scale,



(d)) if he causes such offence a serious threat to international status

The United States, or



(e)) if he commits such act during a State of emergency or a war

State.



(3) preparation is punishable.



§ 311



Terrorist attack



(1) Whoever intends to harm the constitutional immunity of the establishment or the United

Republic, disrupt, or destroy the fundamental political, economic or

the social structure of the United States or an international organization,

seriously intimidating a population, or unduly compelling a

Government or other public authority, or an international organisation to

something took place, force or suffered



and life-threatening attack) or the health of a person with intent to cause

death or severe injury to health,



b) seizes hostages or kidnapping, performs




c) destroys or damages a greater use of public facilities, transport or

telecommunications system, including an information system, a fixed platform on the

Mainland shallows, energy, water, health care or other

important equipment, public space or property in order to compromise the

the safety of human lives, device, system, or

area or issue a property in danger of damage of great magnitude,



d) disrupts or interrupts the supply of water, power or any other

the basic natural resource with the aim to endanger the lives or

issue a property in danger of damage of great magnitude,



e) seize aircraft, ships, other means of personal or freight

transport or fixed platform located on the Mainland, or over in such a

means of transport or fixed platform performs a check, or

destroys or seriously damages navigation equipment or to a greater extent

interferes with its operation or communicate an important false information,

thereby endangering the life or health of humans, the safety of such transport

or issues a resource property in danger of damage of great magnitude,



f) unlawfully manufactured or otherwise obtains, holds, imports, transports,

exports, or otherwise supplied or used the explosive, nuclear, biological,

chemical or any other weapon, or carries out illicit research and development

nuclear, biological, chemical or other weapons or combat resource

or explosives prohibited by law or international treaty, or



g) issues people in General, the risk of death or severe injury to health or the

Foreign assets at risk of large-scale damage by causing a fire

or flood or the harmful effects of explosives, gas, electricity or

other similarly dangerous substances or forces, or commits another

similar malicious acts, or general danger increases or

his head off or alleviate the more difficult, will be punished by imprisonment for

five to fifteen years, or next to this sentence also forfeiture of

asset.



(2) the same shall be punished,



who referred to in paragraph 1 is threatening,



Anyone who publicly incites to such negotiations, or



who such conduct, the terrorist, terrorist group or its Member

financially, materially or otherwise supports.



(3) imprisonment for twelve to twenty years or next to the

the sentence also forfeiture of property, or an exceptional punishment of the offender will be

punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b)) if he causes such a crime severe personal injury or death,



(c)) if he causes such offence, that the larger number of people remained without shelter,



(d)) if he causes such a traffic offence to a greater extent,



(e)) if he causes any damage to such act of large-scale,



f) if such offense for himself or for another favor large

the range,



(g)) if such offense to threaten seriously the international position of the Czech

Republic or the status of an international organization of which it is Czech

Republic is a member, or



h) commits such an act for a State of emergency or a war

State.



(4) preparation is punishable.



§ 312



Terror



(1) Whoever intends to harm the constitutional establishment of the United States other

intentionally killed, will be punished by imprisonment for fifteen to twenty

years, or next to this sentence also forfeiture of property, or

an exceptional punishment.



(2) preparation is punishable.



section 313



Common provisions



Protection under section 311 and 312 are also provides a foreign State.



Section 314



Sabotage



(1) Whoever intends to harm the constitutional immunity of the establishment or the United

States or to damage the international organisation, exploited their

employment, profession, position or its functions or if another

negotiations to



and the performance was hindered or) worthy of an international organization,

public authority of the armed forces or security corps

economic organization or other institution, or



(b) the activities) caused such a body or organisation or

the institution of the disorder or other severe damage,



shall be punished by imprisonment for three years to ten years, or

In addition to this penalty, also the forfeiture of property.



(2) imprisonment for eight to twelve years of age, or next to the

the sentence also forfeiture of property the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,

or



(b)) if such act committed during a State of emergency or a war

State.



(3) imprisonment for ten to twenty years, or next to the

the sentence also forfeiture of property, or an exceptional punishment of the offender will be

punished,



and if the offence) cause referred to in paragraph 1 a severe injury to the health of at least

two persons or death,



(b)) if he causes any damage to such act of large-scale,



(c)) if the crime would threaten seriously the international position of the Czech

Republic or the status of an international organization of which it is Czech

Republic is a member, or



(d)), if such a feat will organise for the State of emergency or a war

State.



(4) preparation is punishable.



§ 315



Misuse of Government representation and international organisations



(1) Whoever intends to harm the constitutional system, territorial integrity or

immunity of the United States or destroy its autonomy or

damage the international organisation, although it is commissioned to represent the Czech

Republic or international organization of which it is a member of the Czech Republic,

or negotiate with a foreign power, or otherwise protect the interests of the United States

or of an international organization of which it is a member of the Czech Republic,

meeting with a person who represents the interests of a foreign power, exploited their

powers to act for the Czech Republic, or referred to the international

the Organization, shall be punished by imprisonment for three years to ten years.



(2) the same shall be punished, who in this intention of pretending to be

responsible person will enter negotiations on the important matters of the Czech

States or international organizations of which it is a member of the Czech Republic,

with a person who represents the interests of a foreign power.



(3) imprisonment for eight to 12 years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of an organized

the group,



(b)) if he causes such offence a serious threat to international status

The United States, or the status of an international organization of which it is Czech

Republic is a member, or



(c)) if such acts committed during a State of emergency or a war

State.



(4) preparation is punishable.



Part 2



Offences against the security of the United States, the foreign State, and

the international organization



§ 316



Spying



(1) who's spying information classified under other legislation,

the abuse may seriously jeopardize or harm the constitutional

the establishment of the sovereignty, territorial integrity, the defence and security of the United

States or of another State or of an international defence and security

Organization for the protection of the interests in the said areas, the Czech

Republic has committed itself, in order to disclose it to a foreign power,



who collects information such that contains classified information, or



such a foreign power classified information intentionally leak,



shall be punished by imprisonment for two to eight years.



(2) the same shall be punished who allow or facilitate the activities of the perpetrators

the Act referred to in paragraph 1 or an organization whose goal is to pry

classified information.



(3) imprisonment for eight to fifteen years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2, as a member of the Organization,

whose goal is to pry classified information



(b) if he commits such) Act, although he was the protection of classified information

separately stored,



(c)) gets such offense for himself or for another substantial benefit or

If such act committed in a significant extent, or



(d)) where such act classified information in another legal act

classified classified "top secret".



(4) imprisonment of twelve to twenty years or an exceptional punishment

the offender will be punished if he commits an act referred to in paragraph 1 or 2 for

a State of emergency or a State of war.



(5) preparation is punishable.



§ 317



The threat to classified information



(1) who's spying information classified under other legislation with

order to disclose it to unauthorized person who collects information such

containing classified information, or such classified information

unauthorized person to intentionally leak, will be punished with imprisonment of up to

three years or prohibition of activity.



(2) imprisonment of two years to eight years, the offender will be punished,



and if he gave intentionally) unauthorized person classified information in another

Regulation of classified information classified "top secret" or

"The secret"



(b) if he commits the Act) referred to in paragraph 1, although his protection of classified

the information was stored separately, or



(c)) gets such offense for himself or for another substantial benefit or

If he causes significant damage, or other particularly serious consequence.



(3) imprisonment for five to twelve years of age the offender will be punished,



and is) if the Act referred to in paragraph 1 of the classified information from the field

security defenses the United States classified in another

Regulation of classified as ' top secret ', or




(b)) if such act committed during a State of emergency or a war

State.



(4) preparation is punishable.



§ 318



The threat to classified information from the negligence



Who negligently causes disclosure of classified information in other legal

Regulation of classified information classified "top secret" or "secret",

shall be punished by imprisonment for up to three years or prohibition of activity.



Part 3



Offences against the defense of the State



section 319



Cooperation with the enemy



(1) Whoever under a State of emergency or State of war affixes

the enemy or it supports will be punished in any way, unless it is

about act more strictly criminal, by imprisonment for one to ten years.



(2) preparation is punishable.



§ 320



War betrayal



(1) a citizen of the United States, which under the State of emergency or for

State of war held a service in enemy armed forces, will be

punished by imprisonment for ten to twenty years or by an exceptional

the penalty.



(2) preparation is punishable.



§ 321



Service in foreign armed forces



(1) a citizen of the United States, which is in conflict with other legislation

held service in the army or the armed forces of another State, it will be

punished with imprisonment of up to five years.



(2) imprisonment for three years to ten years the offender will be punished,

commit any of the acts referred to in paragraph 1 for the State of emergency or for

State of war.



§ 322



Violation of personal and substantive obligations for the defense of the State



(1) who fails to comply, even through negligence, personal or factual obligation for

the defense of the State,



who deliberately avoids the fulfilment of such obligations, or



who fulfil such an obligation of another person, even through negligence, frustrates

or makes it more difficult,



shall be punished by imprisonment for six months to three years.



(2) imprisonment of two years to eight years, the offender will be punished,

If the Act would threaten referred to in paragraph 1, the largely defense.



TITLE X



OFFENCES AGAINST PUBLIC ORDER



Part 1



Offences against the exercise of powers of public authority and public official



Section 323



Violence against a public authority



(1) Whoever used violence intends to act on the exercise of the powers of the State

Administration, local self-government authorities, a court or other public authority will

punished by imprisonment for six months to five years.



(2) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1,



(b)) if such offence to hurt another on health, or



(c)) if he causes considerable damage to such offence.



(3) imprisonment for four years to twelve years the offender will be

punished, if he causes offence referred to in paragraph 1



and severe injury to health),



(b) large scale) damage, or



(c) a failure in such activity) authority.



(4) imprisonment of ten to eighteen years, the offender will be punished,

If the offence referred to in paragraph 1 death.



(5) preparation is punishable.



section 324



Threats in order to act on the public authority



(1) Whoever threatens another killing, or causing bodily harm

considerable damage



and) intend to act on the exercise of the powers of the authority of the State administration, territorial

Government, court or other public authority, or



(b)) for the performance of the powers of such a body,

shall be punished by imprisonment for up to three years.



(2) imprisonment of up to five years, the offender will be punished if he commits

the Act referred to in paragraph 1 with a weapon.



section 325



Violence against the official person



(1) Whoever used violence



and) intend to act on the exercise of the powers of a public official, or



(b)) for the exercise of the powers of a public official,



shall be punished by imprisonment for up to four years.



(2) imprisonment for six months to six years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1,



(b)) if such offence to hurt another on health, or



(c)) if he causes more damage to such offence.



(3) imprisonment for three years to twelve years the offender will be punished,

If the offence referred to in paragraph 1



and severe injury to health), or



(b) large scale) damage.



(4) imprisonment for eight to sixteen years of age the offender will be punished,

If the offence referred to in paragraph 1 death.



(5) preparation is punishable.



§ 326



Threats to act on official



(1) Whoever threatens another killing, or causing bodily harm

considerable damage



and) intend to act on the exercise of the powers of a public official, or



(b)) for the exercise of the powers of a public official,



shall be punished by imprisonment for up to three years.



(2) imprisonment of up to five years, the offender will be punished if he commits

the Act referred to in paragraph 1 with a weapon.



§ 327



Common provisions



(1) the protection under section 323 to 326 shall be granted also to the person who

She has performed in support of or to protect the authority of the State administration, territorial

Government, court or other public authority or a public official.



(2) the protection referred to in § 323 to 326, also provides an internationally protected

person, which means the official person of a foreign State or international

the Organization, which enjoys diplomatic or other privileges and immunities according to

international law, or a person who performs a function or an employed or

working in an international judicial body.



§ 328



Misappropriation of the powers of the authority



Who unlawfully carries out tasks that are reserved to the authority of the State

Administration, local authorities, the Court or other public authority, or



who performs an act that may be enforced ex officio only the authority of the State

Administration, local self-government authorities, a court or other public authority,



shall be punished by imprisonment for up to two years.



Part 2



The offences of official persons



Section 329



Misuse of powers of a public official



(1) the official person who intend to cause other damage or other

serious injury or cause to yourself or another unauthorized benefit



and its powers) will, in a manner contrary to another legal

prescription,



(b)) exceeds its jurisdiction, or



(c) fails to comply with the obligation arising from) its jurisdiction

will be liable to imprisonment for one to five years or prohibition

activity.



(2) imprisonment for three years to ten years the offender will be punished,



and if the bear Act) referred to in paragraph 1 to itself or another significant

benefit,



(b)) if such act committed on another for its real or supposed race,

ethnic group, nationality, political beliefs,

religion or because it is actually or supposedly non-religious,



(c)) if he causes such offence a serious disturbance in the activities of the authority of the State

Administration, local self-government authorities, a court or other public authority,



(d)) if he causes such offence a serious disturbance in the activities of the legal or

a natural person who is an entrepreneur,



(e)) if he commits such act zneužívaje the defencelessness, dependencies, distress,

intellectual weakness or inexperience of another, or



(f)) if he causes considerable damage to such offence.



(3) imprisonment for five to twelve years of age, or forfeiture of property will be

the offender is punished,



and if the bear Act) referred to in paragraph 1 to itself or another benefit

a large scale, or



(b)) if he causes damage to a large extent in such a crime.



(4) preparation is punishable.



section 330



Obstructing the task of a public official of negligence



(1) the official person who, in the exercise of their powers of negligence to stymie

or substantially impedes the fulfilment of an important task, will be punished by imprisonment

of up to one year or a ban.



(2) imprisonment of up to three years or a ban on the activities of the offender will be

punished,



and if the offence) cause referred to in paragraph 1 a serious disturbance in the activities of the

authority of State administration, local authorities, the Court or other authority

a public authority,



(b)) if he causes such offence a serious disturbance in the activities of the legal or

a natural person who is an entrepreneur,



(c)) if he causes considerable damage to such offence, or



(d) if such) Act another substantial benefit.



(3) imprisonment for one to five years, the offender will be punished,



and if the offence) cause referred to in paragraph 1, the damage of great magnitude, or



(b) if such) provide for the offence to another benefit of large extent.



Part 3



Bribery



§ 331



Acceptance of a bribe



(1) who himself or through another in connection with procuring

things of general interest for himself or for another, or receives a promise

a bribe, or



who himself or through another, in connection with his

or another for himself or for another, or promise shall take a bribe,



shall be punished by imprisonment for up to four years or prohibition of activity.



(2) who, in the circumstances referred to in paragraph 1 the bribe requests will be

punished by imprisonment for six months to five years.



(3) imprisonment for three years to ten years, or forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2 intends to procure yourself or

Another substantial benefit, or



(b) if he commits such) acts as the official person.



(4) imprisonment for five to twelve years of age the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2 intends to procure yourself or

Another benefit of large extent, or



(b) if he commits such) acts as the official person intends to supply yourself or

Another substantial benefit.



§ 332



Bribe



(1) whoever else or for another in connection with procuring things


general interest provides, offers or promises a bribe, or



who else or for another in connection with its business or other

provides, offers or promises a bribe,



shall be punished by imprisonment for up to two years or a financial penalty.



(2) imprisonment for one to six years, forfeiture of property or

financial penalty the offender will be punished,



and if the offense commits a) referred to in paragraph 1 it intends to supply to itself or to another

Another substantial benefit or cause considerable damage or another separately

a serious result, or



(b)) if such act committed against the official person.



§ 333



Indirect bribery



(1) whoever requests, promise or accepts a bribe for it, that will be your

the influence of or through another act on the exercise of the powers of the official

the person, or for not having done so, shall be punished by imprisonment of up to

to three years.



(2) who the reason given in paragraph 1 otherwise provides, offers or

promises a bribe, shall be punished by imprisonment for up to two years.



§ 334



Common provisions



(1) the bribe shall mean the undue advantage of direct

enrichment of property or other benefit which is getting or has

get passive person or with its consent to another person, and to which

It is not entitled.



(2) the official responsible under sections 331 to 333 in addition to the persons mentioned in § 127

also means any person



and who performs a function) in the legislative authority, the judicial authority or in

another public authority of a foreign State,



(b)) who performs a function or an employed or working in international

the judicial authority,



(c)) who performs a function or an employed or working in international or

multinational organization created by States or other entities

public international law or authority or institution, or



(d)) who performs a function in the business entity in which he has

decisive influence or foreign State, Czech Republic



If the performance of such functions, employment or work associated

authority over the Affairs of general interest and the offence has been committed

in the context of this competence.



(3) the procurement of things of general interest also means maintaining

the obligations imposed by law or a contract, which

the purpose is to ensure that trade relations to avoid damaging

or unjust benefit participants of these relationships or the people that

acting on their behalf.



Part 4



Other activities of interference by a public authority



§ 335



Interference with the independence of the Court



(1) Whoever acts on the judge, to break their obligations in the proceedings before the

the Court, shall be punished by imprisonment for six months to three years.



(2) imprisonment for two years to ten years the offender will be punished,

commit any of the acts referred to in paragraph 1 it intends to



and oneself or others) substantial benefit,



(b)) of major damage, or



(c)) else seriously damage, disrupt his family relations or

cause serious injury to him another.



(3) imprisonment for five to twelve years of age the offender will be punished,

commit any of the acts referred to in paragraph 1 it intends to



and oneself or others) favor large scale, or



(b)) cause damage of great magnitude.



§ 336



Contempt of court



Who repeatedly



and seriously disturbs the hearing) Court



(b)) when doing the Court behaves offensively or disparages the Court,

or



(c)) without sufficient apology does not obey a command or a challenge of the Court or

the trial, being frustrated,



shall be punished by imprisonment for up to two years or by forfeiture of things.



§ 337



Obstruction of an official decision and recognition



(1) who frustrates or substantially hinders the execution of the decision of the Court or other

public authority by



a) exercises an activity which was in such a decision is disabled or

for which he was taken the appropriate authorization in accordance with other legal

or for which such permission easily,



b) staying on the territory of the United States, although he has been sentenced

the expulsion or the decision was made for his extradition,



(c)) without a permit and without good reason is staying in place or district, on the

covered by the prohibition of stay, or does not follow the constraints that

He was saved by the Court in connection with the performance of this punishment,



(d) violates the prohibition of stay) stored under other legislation,



e) visits the action covered by the prohibition of entry on

sports, cultural and other social events, or if another

serious negotiations, in order to frustrate the purpose of the penalty,



(f)), without a serious reason, will challenge a court sentence of imprisonment

or in any other way unlawfully prevents the onset of performance thereof,



g) committed an act of serious negotiations to frustrate the enforcement of or purpose of the penalty,



h) commits a serious negotiations to frustrate the enforcement of or purpose of bindings,



I) commits a serious negotiations to frustrate the enforcement of or purpose

security detention, or



j) committed an act of serious negotiations to frustrate the enforcement or the purpose of the protection

protective care, treatment or which have been imposed by a court, or otherwise,

in particular, the escape from the Institute, with the escape, the enforcement of such decisions

substantially undermined the oversight, or stored in their protective

healing,



shall be punished by imprisonment for up to two years.



(2) the same shall be punished who commits a serious or repeated

negotiations to frustrate the recognition made under other legislation

or a decision on interim measures, the court imposing the obligation to

temporarily leave the common dwelling and its immediate environs, and refrain from

entry into it, or the duty to refrain from contact with the plaintiff and

establish contacts with him.



(3) who frustrates or substantially impedes the enforcement of a court or other

public authority by



and destroys damaged) make neupotřebitelnou, conceal, disposes of or deletes

thing, that such a decision relates, or



b) flees from the guards, the binding of the imprisonment or

security detention,



shall be punished by imprisonment for up to five years or financial penalty.



(4) who, after the case against him was to no avail used measures in the

Code of civil procedures for the enforcement of the decision of the Court or

the Court approved the agreement on the custody of minor children, including editing contact

with the child, undermined the performance of such a decision or agreement, or



one who commits a serious negotiations to frustrate the enforcement of a decision of another

public authority concerning the upbringing of minor children;



shall be punished by imprisonment for up to one year.



§ 338



The liberation of prisoners



(1) Whoever frees prisoners or inmates in the performance of security detention,

his escape organizes, leads him to escape or escape is preparing, will

punished with imprisonment of up to three years, the prohibition of activities or

forfeiture of things.



(2) imprisonment for one to five years, the offender will be punished,

commit any of the acts referred to in paragraph 1



and with a weapon, or)



(b)) as an official person.



§ 339



Violent crossing the national border



(1) Whoever crosses the State border for use of violence or threats

the immediate violence, shall be punished by imprisonment for up to one year

for five years.



(2) imprisonment for three years to ten years, or forfeiture of property

the offender will be punished, if the



and the Act) referred to in paragraph 1 to organize,



(b) commits such an act is) weapons or with at least two persons,



c) commits such act intended to conceal or facilitate another criminal offence,



(d) in such a severe offence) cause harm to health,



(e) such offence substantial) causes damage, or



f) commits such act during a State of emergency or a State of war.



(3) imprisonment for eight to fifteen years, or next to the

the sentence also forfeiture of property the offender will be punished,



and if the offence) cause referred to in paragraph 1 death,



(b)) if he causes such a severe injury to the health of the crime, at least two people,



(c)) if he causes any damage to such offence, or a large scale



(d)) commit such act as a soldier under the State of emergency or for

State of war.



(4) preparation is punishable.



§ 340



Organising and enabling illegal crossing of the State border



(1) Whoever organizes illegal for another crossing of the State border or

another lets or helps him to illegally cross the State border or

after another illegal crossing the national border enables or helps him

transport through the territory of the Czech Republic or of such transportation

organized, shall be punished by imprisonment for up to two years or a ban

activity.



(2) imprisonment for six months to five years, forfeiture of property or

financial penalty the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b) if such) issues a crime another inhuman or degrading

treatment,



(c)) where such offence committed for remuneration,



(d)) commit such act again, or



(e)) if he commits such act intended to conceal or facilitate another offense.



(3) imprisonment of two years to eight years, or forfeiture of property

the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group, and

for a fee,



(b)) if such offence to another in danger of death,




(c)) if he causes such a severe injury to the health of the offence,



(d)) if such offense for himself or for another substantial benefit,



e) commits such an act with a firearm, or



(f)) if he commits such act during a State of emergency or a war

State.



(4) imprisonment for five to twelve years of age, or next to the

the sentence also forfeiture of property, the offender will be punished,



and if the offence) cause referred to in paragraph 1 death,



(b)) if he causes such a severe injury to the health of the crime, at least two people,



(c)) gets such offense for himself or for another favor large

extent, or



(d)) commit such act as a soldier under the State of emergency or for

State of war.



(5) preparation is punishable.



§ 341



Facilitation of unauthorised residence on the territory of the Republic of



(1) those who intend to gain unauthorized securities or other benefit helps

another unauthorized residence on the territory of the Czech Republic, will be punished

imprisonment of up to one year or a ban.



(2) imprisonment of up to three years, the offender will be punished, if the



and the Act) referred to in paragraph 1 to organize,



b) commits such act as a member of an organized group,



c) commits such act again, or



d) commits such act intended to conceal or facilitate another offense.



(3) imprisonment for six months to five years, forfeiture of property or

financial penalty the offender will be punished,



and if the offence), referred to in paragraph 1, for himself or for another considerable

benefit, or



(b)) if such act committed during a State of emergency or a war

State.



(4) imprisonment of two years to eight years, or next to the

the sentence also forfeiture of property, the offender will be punished,



and if the offence), referred to in paragraph 1, for himself or for another

benefit of large extent, or



(b) if he commits such) acts as a soldier under the State of emergency or for

State of war.



§ 342



Unauthorized employment of foreigners



(1) who consistently, repeatedly, for a particularly exploitative working

terms and conditions or to a greater extent unlawfully employing or arrange

the employment of foreigners staying illegally in the territory of the United

Republic or does not have a valid work permit if, in another

the legislation required, will be punished with imprisonment of up to six

months, forfeiture of a thing or the prohibition of activities.



(2) the same shall be punished, who employs or provides work

an alien who is a child and staying illegally on the territory of the United

Republic or does not have a valid work permit under another legal

prescription.



(3) imprisonment of up to one year, the offender will be punished if he commits

the Act referred to in paragraph 1 or 2



and as a member of an organized group),



(b)) for consideration, or



(c)).



(4) imprisonment for six months to three years, the offender will be punished,

gets an offence referred to in paragraph 1 or 2, for himself or for another

substantial benefit.



(5) the imprisonment for one to five years, or next to the

the sentence also forfeiture of property, the offender will be punished, if the offense gets

referred to in paragraph 1 or 2, for himself or for another favor large

the range.



§ 343



Violation of the provisions on international flights



Who breaks the laws on international flights by entering air

means of transport within the territory of the Czech Republic, shall be punished by imprisonment

freedom for six months to three years.



§ 344



The revolt of the prisoners



(1) who will participate in a challenging or resistance groups of prisoners or inmates in

the performance of the security of the detention of the supervisory authority, his orders, prison

the order of performance of the order or the security of the detention will be punished by imprisonment

freedom for one year up to five years.



(2) imprisonment for three years to ten years the offender will be punished,

If



and the Act) referred to in paragraph 1 to organize,



(b) commits such an act is) of weapons,



c) commits such act intended to conceal or facilitate another criminal offence,



(d) in such a severe offence) cause harm to health,



(e) such offence substantial) causes damage, or



f) commits such act during a State of emergency or a State of war.



(3) imprisonment for eight to sixteen years of age the offender will be punished,

If the offence referred to in paragraph 1



and) death,



(b)) a severe injury to health at least two persons, or



(c) large scale) damage.



(4) preparation is punishable.



§ 345



False accusation



(1) Whoever falsely accuses another of a crime, shall be punished by imprisonment

of liberty up to two years.



(2) who falsely accuses another of a crime intended to cause

the prosecution, shall be punished by imprisonment for up to three years.



(3) imprisonment of two years to eight years, the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 significant damage,



(b)) if such act committed by the press, film, radio, television, public

accessible computer network or other similarly effective manner,



(c)) if such acts he commits in the intention to cause serious damage to other employment,

to disrupt his family relations or cause another serious injury to him,



(d)) commit such act intended to obscure or detract from your own

a criminal offence, or



(e)) if he commits such act on another, which fulfils its obligation to him

arising out of his employment, profession, position or function or

saved him according to law.



(4) imprisonment for three years to ten years the offender will be punished,

If the offence referred to in paragraph 1 or 2 of the damage of great magnitude.



§ 346



A false statement and false expert opinion



(1) Whoever, as an expert shall submit a false, grossly distorted or incomplete

expert opinion, shall be punished by imprisonment for up to two years, or

prohibition of activity.



(2) Whoever as a witness or expert before the Court or before the international

the judicial authority, before the notary as a court Commissioner, State representative

or in front of the police authority, which held the preparatory proceedings under

the criminal procedure code, the Commission of inquiry or before the Chamber of Deputies

Parliament of the Czech Republic



and false on the circumstances), which has a significant importance for the decision

or for the establishment of the Inquiry Commission of the House of Parliament

The United States, or



(b) the length of such a circumstance,)



shall be punished by imprisonment for six months to three years or a ban

activity.



(3) imprisonment for two years to ten years the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 significant damage, or



(b) if he commits such) acts intended to cause serious damage to other employment,

to disrupt his family relations or cause another serious injury to him.



§ 347



Crooked interpretation



(1) Whoever, as an interpreter, grossly distorted incorrectly or incompletely interpreted

or in writing translates in proceedings before a public authority or in the

the context of such proceedings facts or circumstances that have

substantial importance to the decision of the public authority, shall be punished

imprisonment of up to two years or prohibition of activity.



(2) who as an interpreter before a court or before the International Court

authority, the public prosecutor or police authority which takes place

the preparatory proceedings under the code of criminal procedure, or before the Commission of inquiry

The Chamber of deputies of the Parliament of the United Kingdom, roughly incorrectly

distorted or incompletely interpreted or translated in writing will be punished

imprisonment of six months to three years or prohibition of activity.



(3) imprisonment for two years to ten years the offender will be punished,



and if the offence) cause referred to in paragraph 1 or 2 significant damage, or



(b)) if such is committing acts intended to cause serious damage to other employment,

to disrupt his family relations or cause another serious injury to him.



§ 348



Counterfeiting and alteration of public documents



(1) Whoever forges a public deed or significantly changes its content in a

intention to be used as genuine, or such an instrument to be used as a

right,



such an instrument must affix oneself or others, or houses in the

intention to be used as genuine, or



who produces, offers, sells, conveys or otherwise, shall make available to each other

or else shall affix, or holding any instrument, device, or component thereof,

procedure, Widget, or any other means, including computer

the program, created or adapted for the counterfeiting or alteration of public

of the Charter,



shall be punished by imprisonment for up to three years or prohibition of activity.



(2) imprisonment for one to six years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group,



(b)) if he causes considerable damage to such offence, or



(c)) gets such offense for himself or for another substantial benefit.



(3) imprisonment for three years to ten years the offender will be punished,



and if the offense commits a) referred to in paragraph 1 as a member of an organized group

operating in multiple States,



(b) if he commits such) action plan to allow or facilitate the perpetration

the offence of high treason (art. 309), a terrorist attack (section 311) or

terror (section 312)



(c)) if he causes any damage to such offence, or a large scale



(d)) if such offense for himself or for another favor large

the range.



§ 349



Illicit manufacture and possession of sealers State seals and official stamp




Anyone who illegally produces, yourself or another shall affix or holding any of the

sealer of the great seal or stamp of the public authority with

the State emblem or stamp, whose imprint is mandatory part of the public

documents, or subject to be eligible to carry out their function will be punished

imprisonment of up to one year or a ban.



§ 350



Forgery and issuing false medical reports, opinion and award



(1) Whoever forges a medical report, opinion or award or substantially

changes their contents intend to enjoy it in proceedings before the authority of the social

security or another public authority, criminal,

civil or other legal proceedings, or



who to be used in proceedings before the social security institution or another

the public authority in criminal, civil or other court proceedings

such a report, opinion or award as a right,



will be punished with a penalty of imprisonment of up to two years or a ban

activity.



(2) the same shall be punished,



who as a medical doctor or other qualified person shall issue

false or grossly distorted medical report, opinion or find

or length, of the essential facts about the health of his or

another, that it was used in the procedure before the social security authority

or to another public authority in criminal, civil or other

court proceedings, or



who enjoys such medical news, opinion or finding in the proceedings before the

the social security institution or to another public authority in

criminal, civil or other court proceedings.



(3) imprisonment for six months to five years or financial penalty

the offender will be punished,



and if the bear Act) referred to in paragraph 1 or 2 of each other or other significant

benefit, or



(b)) if he causes considerable damage to such offence.



(4) imprisonment of two years to eight years, the offender will be punished,



and if the bear Act) referred to in paragraph 1 or 2 of oneself or others

benefit of large extent, or



(b)) if he causes damage to a large extent in such a crime.



Section 351



Preparation of obstructing the election and referendum and



Who else by force or threat of violence or deceit hinders the exercise of

voting rights or the right to vote in the referendum or other such

way to the exercise of voting rights or the right to vote in the referendum

forcing,



who else or for another in connection with the exercise of electoral rights or

the right to vote in the referendum, provides, offers or promises a financial,

securities or other similar benefit to voted or voted in violation of

with an independent expression of their will,



who forges a data in the proof of the number of members of a political party or

a petition for electoral purposes or in another document related to the elections

or referendum or knowingly uses such a document as genuine,



who count the votes incorrectly or consciously violates the secrecy of the vote, or



who otherwise rough way undermined the preparation or conduct of the elections to the

the legislature or City Council local government unit

or the preparation or conduct of the referendum, up to the publication of their results,



shall be punished by imprisonment for six months to three years.



Part 5



Criminal acts to subvert the coexistence of people



§ 352



Violence against a group of inhabitants and against individuals



(1) Whoever threatens a group killing, bodily harm, or

damage of great magnitude, will be punished with imprisonment of up to

one year.



(2) who used violence against a group of inhabitants or individuals or

threatened killing, bodily harm or damage a large

the range for their actual or perceived race, ethnic

the group, nationality, political belief, religion or because they are

actually or supposedly without religion, shall be punished by imprisonment for

six months up to three years.



(3) as well as in paragraph 2 will be punished,



and) who conspires or srotí to commit such an Act, or



(b) if he commits the Act) referred to in paragraph 1 of the press, film, radio,

tv, a publicly accessible computer network, or other similarly

in an effective manner.



section 353



Dangerous threats



(1) Whoever threatens another killing, severe damage to health or other

severe injury in such a way that it can arouse reasonable fear, will

punished with imprisonment of up to one year or a ban.



(2) imprisonment of up to three years or a ban on the activities of the offender will be

punished, commit any of the acts referred to in paragraph 1



and as a member of an organized group),



(b)) against a child or a pregnant woman,



(c)),



(d)) on the witness, expert or interpreter in connection with the performance of their

obligations, or



(e)) in the performance of the worker on the healthcare medical job

or occupation in order to save the life or protect the health or

another that fulfils its obligation to protect a similar life, health

or property arising out of his employment, profession, position or

function or stored according to the law.



§ 354



Stalking



(1) whoever else is chasing in the long term by



and) threatening bodily harm or other injury to him or his people

loved ones,



(b)) or his personal proximity searches for it,



(c)) it means steadily, electronic communications,

in writing or otherwise, contact



d) restricts it in its normal way of life, or



e) exploited his personal data for the purpose of obtaining personal or other

contact



and this meeting is eligible to arouse in him a reasonable fear for his life

or health or the life and health of people close to him will be punished

imprisonment of up to one year or a ban.



(2) imprisonment for six months to three years, the offender will be punished,

commit any of the acts referred to in paragraph 1



and against a child or pregnant) woman,



(b)), or



c) at least two persons.



§ 355



Defamation of nation, race, ethnic, or other group of persons



(1) Whoever publicly slurs



and any nation, its) language, one race or ethnic group, or



(b)) a group of people for their actual or perceived race, membership of a

ethnic group, nationality, political belief, religion or because

they are actually or supposedly non-religious,



shall be punished by imprisonment for up to two years.



(2) imprisonment of up to three years, the offender will be punished if he commits

the Act referred to in paragraph 1



and) with at least two persons, or



(b)) printing, film, radio, television, a publicly accessible computer

network or other similarly effective manner.



section 356



Incitement to hatred against a group of persons, or to the restriction of their rights

and freedoms



(1) Whoever publicly incites to hatred to any nation, race, ethnic

Group, religion, class or other group of persons, or to the restriction of

the rights and freedoms of their members, will be punished with imprisonment of up to

two years.



(2) the same shall be punished, who conspires to commit a crime or srotí

referred to in paragraph 1.



(3) imprisonment for six months to three years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 of the press, film, radio,

tv, a publicly accessible computer network, or other similarly

in an effective manner, or



(b)) when taking part in such a deed actively the activities of groups, organizations

or association that preaches the discrimination, violence, or racial, ethnic,

class, religious or any other hatred.



Part 6



Other public nuisance



§ 357



The spread of virus hoaxes



(1) Whoever wilfully causes the danger of serious concern at least part of the

the population of some space by extending the hoax, which

is false, shall be punished by imprisonment for up to two years, or

prohibition of activity.



(2) who report referred to in paragraph 1 or another false report

who is eligible to trigger measures leading to a risk of serious

concern about at least part of the population of some place or unreasonable

the rescue work of the integrated rescue system of the Court shall notify the authority of the

Police of the Czech Republic, the authority of the State administration, local authorities, or

another public authority, legal person, a natural person who is

an entrepreneur, or an information resource, strategies will be punished

imprisonment of six months to three years or prohibition of activity.



(3) imprisonment for one to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2,



(b) if he commits such) acts as a member of an organized group,



(c)) if he causes considerable damage to such offence,



(d)) if he causes such offence a serious disturbance in the activities of the authority of the State

Administration, local and regional authorities of the Court or other public authority, or,



(e)) if he causes such offence a serious disturbance in the activities of the legal or

a natural person who is an entrepreneur.



(4) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 or 2 for a State of emergency

or a State of war, a natural disaster or other events seriously

endangering the life or health of humans, to public order or property, or



(b)) if he causes damage to a large extent in such a crime.



§ 358



Disorderly conduct




(1) Whoever commits publicly or in a place accessible to the public gross

neslušnosti or riots, in particular by attacking another, the old man

the grave, historical or cultural heritage, or gross manner disturbs

training, course or ends of organized sports games

gathering or ceremony people, shall be punished by imprisonment for up to two

for years.



(2) imprisonment of up to three years, the offender will be punished if he commits

the Act referred to in paragraph 1



and, or)



(b)) as a member of an organized group.



§ 359



Defamation of human remains



(1) Whoever unlawfully opens a tomb or grave or urn of human

the relics will be punished by imprisonment for up to two years or a ban

activity.



(2) the same shall be punished who arbitrarily withdraw from human

the remains or human remains were treated in violation of the law.



(3) imprisonment of up to three years, the offender will be punished if he commits

the Act referred to in paragraph 1 or 2



and as a member of an organized group),



(b)) intend to acquire for himself or for another property benefits, or



c) intend to conceal or facilitate another offense.



§ 360



Drunkenness



(1) who is the ingestion or application brings addictive substances, even from

negligence, to a State of insanity, in which commits the act otherwise

the criminal will be punished by imprisonment for three years to ten years;

However, if he is otherwise a criminal offence for which the law stipulates a prison

milder, will be punished with the punishment milder.



(2) the provisions of paragraph 1, as well as § 26 shall he brought to

the offender to a State of insanity intend to commit a crime, or

an offence of negligence, which lies in the fact that he brought to the

the State of insanity.



Part 7



Organized criminal group



§ 361



The participation of the organized criminal group



(1) who founds an organized criminal group



who is involved in the activities of organised criminal groups, or



who organised criminal group supports,



shall be punished by imprisonment for two years or up to ten years

forfeiture of property.



(2) imprisonment for three years to twelve years or forfeiture of property

the offender will be punished if he commits an act referred to in paragraph 1 in relation to the

organized criminal group designed or aimed to commit

high treason (art. 309), a terrorist attack (section 311) or terror (section 312).



(3) imprisonment for five to fifteen years or by forfeiture of property will be

the offender is punished, if the head of the agent or representative of the

organized criminal group or targeted to

high treason (art. 309), a terrorist attack (section 311) or terror (section 312).



(4) the provisions of § 107 and 108 is the offender referred to in paragraphs

1 to 3, of course.



§ 362



Special provisions on effective regret



Who commits an act referred to in § 361, is not a criminal, he has made about the organised

the criminal group notice to the Prosecutor or police authority in

a time when danger arose the interest protected by law from

another crime organized criminal groups than is given in § 361,

could still be deleted. A soldier can make such a notification

to your manager.



§ 363



The impunity of the agent



(1) a police officer performing tasks such as agent under other legislation

(hereinafter referred to as the "agent"), participating in the activities of organised crime

organised criminal group or group supports, is not for the

the offence of participation in organized criminal group pursuant to § 361 paragraph.

1, 2 the criminal, if such an act committed with the aim of establishing

the perpetrators of crimes committed for the benefit of organized crime

the Group of.



(2) a police officer performing tasks as an agent that participates in the activities of the

organized criminal group or as a member of an organized group

or some such group supports, is not criminal offences

trafficking in human beings (para. 168), the child into the power of another (section 169),

violation of the secrecy of messages being transported (section 182), procuring (article 189),

the spread of pornography (para. 191), manufacturing, and other dealings with child

pornography (§ 192), abuse of a child to produce pornography (para. 193),

operation rogue betting and gaming (§ 213) handling stolen goods (section 214),

the legalization of the proceeds of crime (para. 216), defeated in the insolvency

proceedings (article 226), infringement of the obligation to make truthful declaration of

assets (§ 227), forgery and alteration of money (section 233), unauthorized

measures, counterfeiting and alteration of the payment instrument (para. 234), indicate the

false and forged money (section 235), manufacture and possession of padělatelského

implements (§ 236), unauthorized production money (section 237), infringements of

the stickers and other objects to the description of the goods (article 244), counterfeiting and

alteration of articles to identify items for tax purposes and objects

to substantiate compliance with attachment (section 245), violations of the prohibitions in

the time of emergency in foreign exchange holdings (section 247),

business (§ 251), unauthorized operation of the lottery and similar betting

Games (section 255), the negotiation of benefits at the award of the contract, when the public

competition and public auction (section 256), defeated in the award of public contracts and

When the public competition (§ 257), defeated at public auction (section 258),

violation of the rules on the circulation of goods in contact with foreign countries (section 261), violations of the

regulations on the control of exports of dual-use items and technology (para. 262),

breach of duties on exports of dual-use goods and technologies (section

263), the execution of foreign trade with military material without

permit or licence (§ 265), breach of obligations in connection with the

the release of permits and licences for foreign trade with military material

(section 264), misrepresentation and failure to keep supporting documents in respect of foreign

trade in military material (article 267), illegal arming (section

279), the development, production and possession of prohibited combat equipment (section 280),

illegal production and possession of radioactive material and a highly dangerous substance

(section 281), illicit manufacture and possession of nuclear material and particular

fissionable material (section 283), the illicit manufacturing of and other dealings with

traffic in narcotic drugs and psychotropic substances and Poisons (section 283), possession of narcotic drugs

and psychotropic substances and poison (para. 284), the illicit cultivation of plants

containing narcotic or psychotropic substance (article 285), manufacture and possession of

subject to the illicit manufacture of narcotic drugs and psychotropic substances and poison (§

286), waste management (section 302), unauthorized disposal

with protected wild fauna and Flora (section

299), misuse of powers of a public official (section 329), acceptance of a bribe (section 331),

bribe (section 332), indirect bribery pursuant to section 333 para. 2,

organising and enabling illegal crossing of the State border (article 340),

facilitation of unauthorised residence on the territory of the Republic (art. 341), counterfeiting

and alteration of public documents (§ 348), if such an act committed

in order to uncover the perpetrators of crime committed by members of organized

the group, in conjunction with an organised group or committed for the benefit of

organised criminal groups.



(3) Beztrestným it is not the agent who organised criminal

group or organized group founded or was.



Part 8



Some other forms of criminal cooperation



§ 364



Incitement to crime



Who publicly instigates the crime, be punished by imprisonment

up to two years.



§ 365



Approval of the offence



(1) Whoever publicly endorses the crime committed, or who publicly touted

for a crime to its perpetrator will be punished by imprisonment for up to one

year.



(2) the same shall be punished, who intends to exhibit the consent with the criminal

offence



and the offender or person) close to him will reward or compensate them for punishment,

or



(b)) to the reward or compensation organized by collection.



§ 366



Favoritism



(1) an offender Who helps plan to allow him to escape

criminal prosecution, punishment or protective measures or their enforcement,

shall be punished by imprisonment for up to four years; However, if the following helps

the offender, that the Criminal Code provides for the punishment

milder, will be punished with the punishment milder.



(2) who commits an act referred to in paragraph 1 for the benefit of the person itself, in

It is not a crime unless it is made in the plan to



and) help a person who committed the crime of high treason (art. 309),

Subversion (section 310), a terrorist attack (section 311), terror (section

312), genocide (art. 400), an attack against humanity (§ 401), apartheid and

discrimination against groups of people (section 402), aggression (§ 405a), preparation of the offensive

war (section 406), use of a forbidden martial resource and illegal

warfare (section 411), war cruelty (section 412), persecution of the population

(Section 413), looting in the area of operations (para. 414) or abuse

internationally recognized and public characters (§ 417), or



(b)) to procure oneself or others property benefits.



§ 367



Nepřekažení crime



(1) Whoever in a credible way, learns that the other is preparing or committing

the crime of murder (art. 140), manslaughter (article 141), grievous bodily harm

(article 145), torture and other inhuman and cruel treatment (section 149),


illegal termination of pregnancy without the consent of the pregnant woman (section 159)

wrongful removal of tissues and organs (para. 164), trafficking in human beings (section

168), deprivation of personal freedom (section 170), pursuant to section 172 of the introduction paragraph. 3 and

4, robbery (art. 173), hostage taking (section 174), extortion by § 175 paragraph. 3

and 4, the unlawful processing of personal data pursuant to section 180 paragraph. 4,

rape (art. 185), sexual abuse (section 187), abuse of a child to

the manufacture of pornography (para. 193), torturing a person (§ 198), theft under

§ 205 paragraph. 5 under section 206, para. 5, fraud, pursuant to section 209

paragraph. 5, insurance fraud pursuant to § 210 paragraph 2. 6, credit fraud

pursuant to section 211 para. 6, subsidy fraud under section 212 paragraph. 6, handling stolen goods

pursuant to section 214 paragraph. 3 and 4, the legalization of the proceeds of crime pursuant to section

paragraph 216. 4, forgery and alteration of money (section 233), unauthorized

measures, counterfeiting and alteration of the payment instrument (para. 234),

unauthorized production money (section 237), reduce taxes, fees and similar

mandatory payments pursuant to section 240 paragraph. 3, misuse of information and positions in the

the course of trade, pursuant to section 255 para. 4, damaging the financial interests of the

The European Union, pursuant to section 260 of paragraph 1. 5, violations of export control regulations

dual-use goods and technologies (article 262), breach of duty in

exports of dual-use goods and technologies (section 263), the implementation of

foreign trade with military material without a permit or license

(§ 265), breach of obligations in connection with the issuance of permits and licences

on foreign trade with military material (section 264), a general threat situation

(article 272), development, production and possession of prohibited combat equipment (§

280), illicit manufacture and possession of radioactive material and a highly dangerous

substances (section 281), illicit manufacture and possession of nuclear material and

special fissionable material (article 282), illicit manufacturing and other

the management of traffic in narcotic drugs and psychotropic substances and Poisons (section 283), the acquisition of

control of air transport, civil vessel and

a fixed platform (section 290), the introduction of air means of transport to

abroad (article 292), treason (art. 309), Subversion (section 310),

a terrorist attack (section 311), terror (section 312), sabotage (§ 314),

espionage (section 316), the threat to classified information (section 317), war

betrayal (§ 322), violence against a public authority under section 323 paragraph 2. 3 and

4, violence against the official person pursuant to section 325 of paragraph 1. 3 and 4, acceptance of a bribe

(section 331), bribe (section 332), a violent crossing the national border referred to in

§ 339 paragraph 2. 2 and 3, organizing and allowing illegal crossing

the State border pursuant to section 340 para. 4, mutiny of prisoners (art. 344), participation in

organized criminal group pursuant to § 361 paragraph. 2 and 3, failure to

warrant under section 375 paragraph. 2 and 3, zprotivení and coercion in violation of the

military obligations in accordance with § 377 paragraph. 2 and 3, violations of the rights and

protected interests of soldiers of the same rank under section 382 paragraph. 3 and 4,

violations of the rights and protected interests of soldiers subordinate or lower

rank pursuant to § 383 paragraph 1. 3 and 4, defections (section 386), endangering

the moral state of the soldiers under section 392 paragraph 1. 2, genocide (para. 400), attack

against humanity (§ 401), apartheid and discrimination of groups of people (§

402), aggression (§ 405a), preparation of the offensive war (section 406), contacts

against the peace (para. 409), use of a forbidden martial resource and

irregular warfare (section 411), war cruelty (section 412), persecution

of the population (Section 413), looting in the area of operations (para. 414) or

abuse of internationally recognized and national characters according to § 415 para. 3, and

committing or completing such a crime to ruin,

punished with imprisonment of up to three years; If provided for in the law on

any of these offences punishment milder, will be punished with the

the punishment milder.



(2) who commits an act referred to in paragraph 1, is not a crime, if you couldn't

the offense set back without major difficulties or without yourself or person

close said in danger of death, bodily injury, other serious injury

or criminal prosecution. Putting people in danger in criminal

the prosecution, however, does not absolve the perpetrator of criminal responsibility, if a

nepřekažení the offence of high treason (art. 309), Subversion (§

310), a terrorist attack (section 311), terror (section 312), sabotage (§ 314),

espionage (section 316), genocide (art. 400), an attack against humanity (§ 401),

apartheid and discrimination of groups of people (section 402), aggression (§ 405a),

the preparation of aggression (section 406), use of a forbidden martial resource and

irregular warfare (section 411), war cruelty (section 412), persecution

of the population (Section 413), looting in the area of operations (para. 414) and

abuse of internationally recognized and national characters according to § 415 para. 3.



(3) to thwart a criminal offence can be and his timely notice to the Prosecutor

or police authority; a soldier can instead make the notification

to your manager.



§ 368



Underreporting of crime



(1) Whoever in a credible way learns that another committed a crime

murder (para. 140), a maiming (article 145), torture and other

inhuman and cruel treatment (section 149), trafficking in human beings (para. 168),

the deprivation of liberty (section 170), hostage taking (section 174), abuse of the child

for the production of pornography (para. 193), torturing a person (§ 198), counterfeiting and

alteration of money (section 233), the unlawful measures, counterfeiting and alteration

means of payment (article 234), unauthorized production money (section 237),

violations of the regulations on the control of exports of dual-use goods and technologies

(section 264), breach of duties on the export of goods and technologies of double

use (§ 265), the execution of foreign trade with military material

without a permit or license (§ 265), breach of obligations in connection with the

the release of permits and licences for foreign trade with military material

(section 264), a general threat situation (para. 272), development, production and possession of prohibited

vehicles (section 280), illicit manufacturing and possession of radioactive

the substance and highly dangerous substances (section 281), illicit manufacture and possession of

nuclear material and special fissionable material (article 282), obtain

control of air transport, civil vessel and

a fixed platform (section 290), the introduction of air means of transport to

abroad (article 292), treason (art. 309), Subversion (section 310),

a terrorist attack (section 311), terror (section 312), sabotage (§ 314),

espionage (section 316), the threat to classified information (section 317), war

treason (section 320), acceptance of a bribe (section 331), bribe (section 332), participation in

organized criminal group pursuant to § 361 paragraph. 2 and 3, of genocide (§

400), an attack against humanity (§ 401), apartheid and discrimination of groups

people (section 402), aggression (§ 405a), preparation of the offensive war (section 406), use the

the forbidden combat resource and illegal warfare (section 411)

war cruelty (section 412), persecution of the population (Section 413), looting in

space war operations (para. 414) or abuse of internationally recognized

and national characters according to § 415 para. 3, and the offence does not notify without

delay to the Prosecutor or police authority or instead of

in the case of a soldier, the Manager, will be punished with imprisonment of up to three

for years; If provided for in this Act on any of these offences the penalty

milder, will be punished with the punishment milder.



(2) who commits an act referred to in paragraph 1, is not a crime, if you couldn't

notification, without himself or a person close said in danger

death, bodily injury, other serious injury or criminal prosecution.



(3) the notification obligation referred to in paragraph 1 does not have a lawyer or his

a staff member who becomes aware of the offence in connection with the

the exercise of advocacy or legal practice. The obligation of notification has also

spiritual registered churches and religious societies with permission to

the exercise of specific rights, becomes aware of the offence in

connection with the exercise of confession or in connection with the performance of

rights of a similar zpovědnímu secrets. The notification requirement of

the crime of human trafficking under section 168 paragraph. 2 and deprivation of liberty

(§ 170) also does not have a person providing assistance to victims of crime.



TITLE XI



OFFENCES AGAINST MILITARY CONSCRIPTION



§ 369



Undermining of the capacity to service



(1) whoever makes or permanently or temporarily incapacitated or

less qualified to carry out military conscription in peacetime will be punished

imprisonment of up to two years.



(2) imprisonment for one to ten years the offender will be punished,

commit any of the acts referred to in paragraph 1 for the State of emergency or for

State of war.



§ 370



Failure to comply with the obligation to exhaust



Who fails to appear for the State of emergency or a State of war to

odvodnímu control of his obligation to exhaust in the intention to renege on his or her

meet the delay, shall be punished by imprisonment for six months to three

for years.



§ 371



Circumvention of military conscription



(1) Whoever under a State of emergency or State of war commits

intrigue in relief implementation plans to achieve the military conscription will be

punished by imprisonment for six months to three years.



(2) who was responsible for a State of emergency or State of war commits

intrigue intend to




and) myself wholly or partly avoid the implementation of conscription, or



(b)) another wholly or partly get out of the performance of military conscription,



shall be punished by imprisonment for three to five years.



section 372



His/her failure to service in the armed forces



Who on the basis of duly delivered him a warrant does not compete for mobilization

the emergency service in the armed forces within 24 hours after the expiry of the

time limits laid down in this povolávacím the order, though he did not hinder the

no law estimated obstacle, shall be punished by imprisonment of up to

to one year.



§ 373



No-show policy of exceptional service in the armed forces



(1) Whoever, on the basis of a duly delivered him a mobilization order does not compete

a State of emergency or a State of war emergency service in the

armed forces within 24 hours after the expiry of the period laid down in this

povolávacím orders, although he did not resist any law expected

obstacle, be punished by imprisonment for one to five years.



(2) who, in the case that does not receive a call-up, starters for the State

emergency or special service for the State of war in armed

power on the basis of a public decree or mobilization challenges, though his

no law envisaged did not hinder the obstacle, shall be punished by imprisonment

freedom for up to three years.



§ 374



No-show policy of exceptional service in the armed forces of negligence



(1) Whoever, on the basis of a duly delivered him a mobilization order of

negligence does not compete under the State of emergency or a State of war

extraordinary service in the armed forces within 24 hours after the expiry of the

laid down in this povolávacím to the claimant, although he did not resist, no

the law envisaged an obstacle, will be punished with imprisonment of up to

three years.



(2) who, in the case that does not receive a call-up, not starting from the

negligence under State of emergency or a State of war special

service in the armed forces on the basis of a public decree or

mobilization challenges, though it did not prevent any law expected

the obstacle, shall be punished by imprisonment for up to one year.



TITLE XII



MILITARY CRIMES



Part 1



Offences against the military's subordination and military honor



§ 375



Insubordination



(1) Whoever denies, carry out or deliberately does not order will be punished

imprisonment of up to five years.



(2) imprisonment for three years to ten years the offender will be punished,



and if the offense commits a) referred to in paragraph 1 with a group of soldiers,



(b)) if such act committed with a firearm,



(c)) where such offence committed in circumstances that may frustrate or

significantly impede the fulfilment of an important task of the staff regulations,



(d)) if he causes such a crime a threat to the military combat readiness

Unit, military equipment, military rescue unit or other

organizational units under the responsibility of the Ministry of defence,



(e)) if he causes damage of great magnitude such offence or damage

of the environment, whose removal needs to be done costs

at least on a large scale,



(f)) if he causes such a severe injury to the health of the offence, or



(g)) if he causes the death of such a crime.



(3) imprisonment for eight to twenty years or an exceptional punishment will be

the offender is punished, commit any of the acts referred to in paragraph 1 for the State of

the threat to the State, a State of war or a combat situation.



(4) preparation is punishable.



§ 376



Insubordination from negligence



(1) Whoever recklessly fails to make an order, and thereby frustrate or substantially more difficult

meet the important task of the staff regulations, shall be punished by imprisonment of up to

to one year.



(2) imprisonment for six months to five years, the offender will be punished,

If the offence referred to in paragraph 1



and) a serious threat to combat readiness of the military Department, military

the device, a military rescue of the Department or other organizational units

in the scope of the Ministry of defence,



(b) large scale) damage or harm to the environment, which

removal costs at least needs to be done on a large scale,



c) severe injury to health, or



(d)) death.



(3) imprisonment for three years to ten years the offender will be punished,

commit any of the acts referred to in paragraph 1, a State of emergency,

State of war or a combat situation.



§ 377



Zprotivení and coercion a breach of military duties



(1) who puts a resistance soldier who carries out a military obligation, or

forces in violation of the military obligations, shall be punished by imprisonment

for up to three years.



(2) imprisonment for two years to ten years the offender will be punished,



and if the offense commits a) referred to in paragraph 1 with a group of people,



(b)) if such act committed with a firearm,



(c)) where such offence committed in combat situations, or



(d)) if he causes such a severe injury to the health of the crime.



(3) imprisonment for eight to twenty years or an exceptional punishment will be

the offender is punished,



and if the offence) cause referred to in paragraph 1, or death



(b) if he commits the Act) referred to in paragraph 2 under the State of emergency or for

State of war.



(4) preparation is punishable.



§ 378



An insult among soldiers



(1) Whoever insults



and superior or soldier with) the higher the rank, the



(b) the child or soldier) with a lower rank, or



(c)) of the same rank of soldier in a time when myself or insulted shall exercise

the guards, supervisory board or other service



shall be punished by imprisonment for up to one year.



(2) imprisonment of up to three years, the offender will be punished if he commits

the Act referred to in paragraph 1 on another for its real or supposed

race, ethnic group, nationality, political beliefs,

religion or because it is actually or supposedly non-religious.



section 379



An insult to the soldiers by force or threat of violence



(1) Whoever by violence or threat of direct violence offends



and superior or soldier with) a higher rank, or



(b) the child or soldier) with a lower rank,



shall be punished by imprisonment for up to three years.



(2) imprisonment for one to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 at the time when alone or offended

guards shall be exercised by the supervisory or other service



(b)) if such act committed against the military guard,



(c)) if such acts committed with a weapon or with at least two persons,



(d)) commit such act on another for its real or supposed race,

ethnic group, nationality, political beliefs,

religion or because it is actually or supposedly non-religious, or



(e)) if he causes bodily harm to such offence.



§ 380



The insult of a soldier of the same rank of violence or threat of violence



(1) Whoever by violence or threat of direct violence offends the soldier

the same rank at a time when alone or offended the guards, shall be exercised by the supervisory

or another service, shall be punished by imprisonment for up to two years.



(2) imprisonment for six months to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 against a military guard,



(b)) if such act committed with a weapon or with at least two persons,



(c)) where such offence committed on another for its real or supposed race,

ethnic group, nationality, political beliefs,

religion or because it is actually or supposedly non-religious, or



(d)) if he causes such an act bodily harm.



§ 381



Violence against a superior



(1) Whoever used violence against a superior



and) intend to act on the performance of his military duties, or



(b)) for the performance of his military duties,

shall be punished by imprisonment for six months to five years.



(2) imprisonment for three years to ten years the offender will be punished,



and if the offence) cause referred to in paragraph 1 a severe injury to health, or



(b)) if such act committed with a weapon or with at least two persons.



(3) imprisonment for ten to twenty years or an exceptional punishment will be

the offender is punished,



and if the offence) cause referred to in paragraph 1, or death



(b)) if such act committed during a State of emergency, a State of war

or in combat situations.



(4) preparation is punishable.



section 382



Violations of the rights and protected interests of soldiers of the same rank



(1) whoever makes the same rank of the soldier's personal úsluhám or restricts the

on rights or arbitrarily makes it difficult to exercise will be punished

imprisonment of up to two years.



(2) imprisonment for six months to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 by violence or threat of violence

or threat of other serious detriment,



(b)) if such act he commits at least two persons,



(c)) where such offence committed on another for its real or supposed race,

ethnic group, nationality, political beliefs,

religion or because it is actually or supposedly non-religious, or



(d)) if he causes such an act bodily harm.



(3) imprisonment of two years to eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1, particularly raw way or

weapons,



(b)) if he causes such a severe injury to the health of the offence, or



(c)) where such offence committed under a State of emergency, a State of war

or in combat situations.



(4) imprisonment for eight to sixteen years of age the offender will be punished,


If the offence referred to in paragraph 1 death.



(5) preparation is punishable.



§ 383



Violations of the rights and protected interests of soldiers subordinate or lower

the rank of



(1) whoever the child soldier or soldier with a lower rank forces them to personal

úsluhám or limits on rights or arbitrarily makes it difficult to exercise its

services or imposed by the disciplinary punishment in breach of other legal

Regulation, shall be punished by imprisonment for six months to three years.



(2) imprisonment for one to five years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1 by violence or threat of violence

or threat of other serious detriment,



(b)) if such act he commits at least two persons,



(c)) where such offence committed on another for its real or supposed race,

ethnic group, nationality, political beliefs,

religion or because it is actually or supposedly non-religious, or



(d)) if he causes such an act bodily harm.



(3) imprisonment for three years to ten years the offender will be punished,



and if the offense commits a) referred to in paragraph 1, particularly raw way or

weapons,



(b)) if he causes such a severe injury to the health of the offence, or



(c)) where such offence committed under a State of emergency, a State of war

or in combat situations.



(4) imprisonment for eight to sixteen years of age the offender will be punished,

If the offence referred to in paragraph 1 death.



(5) preparation is punishable.



Part 2



Offences against the obligations held military service



section 384



Avoidance of service performance



(1) whoever is behind the emergency plan to avoid the service damage

Cheers, pretends to be illness, forges, exploited the addictive substance

or use another stratagem, be punished by imprisonment for up to three

for years.



(2) imprisonment for eight to twenty years or an exceptional punishment will be

the offender is punished, commit any of the acts referred to in paragraph 1 for the State of

the threat to the State, a State of war or a combat situation.



section 385



Avoiding negligent service performance



Who is in a State of emergency, a State of war or a combat

the situation makes recklessly incompetent to perform a service by

exploited the addictive substance, shall be punished by imprisonment for one year

up to five years.



§ 386



Defection



(1) Whoever with the intention of arbitrary moving away to avoid military service, will

punished by imprisonment for one to six years.



(2) imprisonment for three years to ten years the offender will be punished,

commit any of the acts referred to in paragraph 1 with a weapon.



(3) imprisonment for eight to twenty years or an exceptional punishment will be

the offender is punished, commit any of the acts referred to in paragraph 1 for the State of

the threat to the State or a State of war.



(4) preparation is punishable.



§ 387



Svémocné separation



(1) Whoever, by moving away from the arbitrary does not appear in time for departure or

the departure of the military transport, will be punished with imprisonment of up to

one year.



(2) who is the arbitrary moving away for a period of more than three days,



who is the arbitrary moving repeatedly over a period longer than 24 hours, although

in the last year has been under such act disciplined,



who is the arbitrary moving away for more than two days at the time of the performance separately

important tasks, or



who is in the service of arbitrary moving abroad for a period longer than 24

hours,



shall be punished by imprisonment for up to three years.



(3) who is the arbitrary moving away for longer than 14 days,



who is the arbitrary moving away for more than six days in the time of performance

particularly important tasks, or



who is in the service of arbitrary moving abroad for a period longer than three

days ago,



shall be punished by imprisonment for six months to five years.



Part 3



Offences against the duties of the guards, supervisory board or other service



§ 388



Avoiding the performance of guards, supervisory board or other service



(1) Whoever with the intention of avoiding the performance of guards, supervisory board or other service

damage to health, pretends to be a disease, the instrument forges, exploited the addictive

substance or uses another trick, will be punished with imprisonment of up to

two years.



(2) imprisonment for one to ten years or an exceptional punishment

the offender will be punished if he commits an act referred to in paragraph 1 for the State of

the threat to the State, a State of war or a combat situation.



section 389



Breach of the duty of a watch



(1) Whoever in the guard or any similar service breaches, even through negligence,

regulations or rules of the service, or special regulation

issued, shall be punished by imprisonment for up to three years.



(2) imprisonment for two years to ten years the offender will be punished,



and if the offense commits a) referred to in paragraph 1 in the performance of guard services, which

It has particularly important Government or military importance,



(b)) if such offense commits a gross violation of its obligations,



(c)) if he causes such offence harmful effect to the avert performance

the guards or other similar services should aim at, or



(d)) commit such act during a State of emergency or a war

State.



(3) imprisonment for eight to twenty years or an exceptional punishment will be

the offender is punished, if intentionally commits an act referred to in paragraph 1 for the

combat situations, and there is one of the circumstances referred to in paragraph 2.



(4) preparation is punishable.



§ 390



Violation of obligations of the Supervisory Board or other service



(1) Whoever in supervisory or another service, even through negligence, violates any of the provisions

or the rules of the service, shall be punished by imprisonment for up to one

year.



(2) imprisonment of up to two years the offender will be punished, if he causes

offence referred to in paragraph 1, particularly serious result, which was obliged to

to prevent this.



(3) imprisonment for one to five years, the offender will be punished,

commit any of the acts referred to in paragraph 1 for combat situations.



§ 391



Violation of obligations of service in defence of the airspace



(1) a person who contravenes, even through negligence, rules, services on devices

intended to ensure the safety of the airspace will be punished

imprisonment of up to three years.



(2) imprisonment for two years to ten years the offender will be punished,

If the offence referred to in paragraph 1, particularly serious result, which

He was obliged to prevent this.



(3) imprisonment for eight to twenty years or an exceptional punishment will be

the offender is punished, if the acts referred to in paragraph 1 commits for the State

for emergency or State of war, and it causes a particularly serious

result, which was required to prevent.



(4) preparation is punishable.



Part 4



Offences endangering the combat capability of the armed forces



Section 392



The challenges to the moral status of soldiers



(1) Whoever let him get to soldiers against the military service or against the parent,

or



who seriously or persistently disrupting military discipline,



shall be punished by imprisonment for up to three years.



(2) imprisonment for three years, up to twenty years or an exceptional punishment

the offender will be punished if he commits an act referred to in paragraph 1 for the State of

the threat to the State or a State of war or a combat situation.



(3) preparation is punishable.



§ 393



Breach of the duty of a soldier



(1) Whoever, to the detriment of the armed forces to satisfy the duties saved

According to their professional classification, even if negligent, will substantially reduce

applicability of military equipment, will be punished with imprisonment of up to

two years or prohibition of activity.



(2) Whoever without authority enjoys the military greater values for the purpose

for which it is not intended, or to give consent to such use, or



who exploited or allowing the abuse of the child to the tasks above and beyond

official duties



shall be punished by imprisonment for up to three years, the prohibition of activities or

forfeiture of things.



(3) imprisonment of two years to eight years, the offender will be punished,



and if the bear Act) referred to in paragraph 2 to itself or another significant

benefit, or



(b)) if intentionally committed offence referred to in paragraph 1 or 2

bojeschopnosti reduction of the armed forces or significant damage.



(4) imprisonment for eight to twenty years or an exceptional punishment will be

the offender is punished,



and intentionally commit) the Act referred to in paragraph 1 or 2, for the threatened

State or State of war or a combat situation, or



(b)) if he causes damage to a large extent in such a crime.



(5) preparation is punishable.



§ 394



Cowardice before the enemy



Who is behind the combat situation of cowardice or despondency gives up to

captivity, be punished by imprisonment for five to twenty years.



section 395



Failure to meet the combat task



(1) Whoever, without the permission of moves away from the place of performance of the service under combat situations,

shall be punished by imprisonment for five to twenty years.



(2) who is a combat situation avoids combat or obligations

deny use guns, will be punished by imprisonment for ten to twenty

years of age.



(3) preparation is punishable.



§ 396



Leaving the military



(1) Whoever in combat situations, leaves or make neupotřebitelnou

military equipment or other military equipment, will be punished by imprisonment

freedom for five to twelve years.



(2) imprisonment for eight to twenty years, the offender will be punished,

If the offence referred to in paragraph 1 reduction bojeschopnosti

the armed forces or significant damage.



(3) preparation is punishable.



§ 397




The release of soldiers and military equipment to the enemy



(1) the master, it was called a combat situation, the enemy

issues, even recklessly, he leaves the soldiers or military equipment,

military technology or equipment will be punished, if not acting

intend to encourage the enemy, by imprisonment for five to twenty years.



(2) preparation is punishable.



Part 5



Offences against members of the security duties

Corps



§ 398



Violations of the national security corps duty



(1) Whoever, to the detriment of the Security Corps of non-fulfilment of stored business

obligations, even through negligence, will substantially reduce the usability of the equipment,

equipment or other material resources, shall be punished by imprisonment

up to two years or prohibition of activity.



(2) who, without the permission of a substantive resource used larger values of

in paragraph 1, for the purpose for which it is not intended, or such use can be

consent, or



who exploited or allowing the abuse of the child or the lower to

mimoslužebním capacity



shall be punished by imprisonment for up to three years, the prohibition of activities or

forfeiture of things.



(3) imprisonment of two years to eight years, the offender will be punished,



and if the bear Act) referred to in paragraph 2 to itself or another significant

benefit, or



(b)) if intentionally committed offence referred to in paragraph 1 or 2

considerable damage.



(4) imprisonment for three years to ten years the offender will be punished,

If he causes intentionally committed offence referred to in paragraph 1 or 2 of the damage

a large scale.



(5) preparation is punishable.



§ 399



Common provisions



The members of the Security Corps is also subject to the provisions of

offences disobeying orders (section 380), insubordination

negligence (art. 376), an insult among soldiers (section 378), an insult among soldiers

violence or the threat of violence (para. 379), insult the soldier of the same rank

violence or the threat of violence (section 380), violence against a superior (section 380),

breach of the duty guard services (para. 389), and breach of the obligation

supervisory or other services (para. 390).



TITLE XIII



CRIMES AGAINST HUMANITY, AGAINST PEACE AND WAR CRIMES



Part 1



Crimes against humanity



section 400



Genocide



(1) Whoever intends to destroy totally or partially any racial, ethnic,

ethnic, religious, class or any other similar group of people



and the members of such a group) provide to such living conditions,

to cause their complete or partial physical destruction,



(b)) by measures to ensure that, in such a group would obstruct the

childbearing,



c) forcibly transfers children from one such group to another, or



(d) a member of such a group) will cause severe injury to health or

death,



shall be punished by imprisonment for twelve to twenty years or by an exceptional

the penalty.



(2) as well, who will be punished for the crime specified in paragraph 1 publicly

It encourages.



(3) preparation is punishable.



§ 401



The attack against humanity



(1) Whoever, in the framework of an extensive or systematic attack aimed

against the civilian population committed by



and the extermination of the people)



b) enslavement,



c) deportation or violent movement of the population group,



d) rape, sexual slavery, enforced prostitution, enforced

pregnancy, enforced sterilization, or any other similar forms of sexual

violence,



e) persecution of population groups on political, racial, national,

ethnic, cultural or religious basis, because of gender or of

another similar reason,



(f)) of apartheid or other similar segregation or discrimination,



g) deprivation of liberty, the introduction to an unknown place or any

Another limitation of personal freedom with the subsequent involuntary disappearance of persons,



h) torture,



I) murder, or



j) another inhuman crime of a similar nature,



shall be punished by imprisonment for twelve to twenty years or by an exceptional

the penalty.



(2) preparation is punishable.



§ 402



Apartheid and discrimination of groups of people



(1) Whoever applies apartheid or racial, ethnic, national,

religious or class discrimination, segregation or other similar

a group of people, shall be punished by imprisonment for five to twelve years.



(2) imprisonment for ten to twenty years or an exceptional punishment will be

the offender is punished,



and if the offense throws) referred to in paragraph 1 to such a group of people

difficult living conditions, or



(b) if such) issues a crime such a group of people inhuman or

degrading treatment.



(3) preparation is punishable.



section 403



The creation, support and promotion of movements aimed at suppressing the rights and

freedoms of man



(1) Whoever spawns, supports or promotes a movement that demonstrably

It seeks to suppress the rights and freedoms of man, or preaches racial,

ethnic, national, religious or class hatred or resentment towards other

a group of people, shall be punished by imprisonment for one to five years.



(2) imprisonment for three years to ten years the offender will be punished,



and if the offense commits a) referred to in paragraph 1 of the press, film, radio,

tv, a publicly accessible computer network, or other similar

an effective way of



(b) if he commits such) acts as a member of an organized group,



(c)) where such offence committed as a soldier, or



(d)) commit such act during a State of emergency or a war

State.



(3) preparation is punishable.



Section 404



Expression of sympathy to the movement towards the Suppression of the rights and freedoms of man



Who publicly manifests itself in sympathy for the movement referred to in § 403 paragraph 1. 1, will be

punished by imprisonment for six months to three years.



section 405



Denying, questioning, approval and justify genocide



Who publicly denies denies, approves of, or try to justify

Nazi, Communist or other genocide or Nazi,

the Communist or any other crimes against humanity or war crimes

or crimes against peace, shall be punished by imprisonment for six months

up to three years.



Part 2



Offences against peace and war crimes



§ 405a



Aggression



Who's in a position that allows him to exercise control over some of the

State or control its political or military actions, contrary to the

provisions of international law, prepares, plans to initiate or

performs a malicious act, which consists in the use of the armed forces in such a

State against the sovereignty, territorial integrity or political

the independence of another State, or in the use of armed force in such a State

in any other manner inconsistent with the Charter of the United

Nations and which, by their nature, severity and scope determined by the apparent

violation of the Charter of the United Nations, shall be punished by imprisonment

freedom for twelve to twenty years or an exceptional punishment.



section 406



Preparation of aggression



Who prepares the offensive war, to participate in the Czech Republic, and

the cause for the Czech Republic the danger of war will be punished

by imprisonment for twelve to twenty years or an exceptional punishment.



section 407



Inciting wars



(1) Whoever publicly incites to the offensive war to participate in Czech

Republic, such a war a war propaganda promotes or otherwise

supports, shall be punished by imprisonment for up to five years.



(2) imprisonment for two years to ten years the offender will be punished,



and if the offense commits a) referred to in paragraph 1 for the Assembly, which shall be subject to

the notification obligation, or



(b)) if such act committed by the press, film, radio, television, public

accessible computer network or other similarly effective manner.



(3) preparation is punishable.



§ 408



Common provisions



Preparing and encouraging offensive war is not negotiations related



and) with the announcement of State of war, if there is, that will be the Czech Republic

challenged, or if necessary to fulfill international contractual obligations on the common

defend against the attack,



(b)) with the participation of the Czech Republic in defence systems international

Organization of which the Czech Republic is a member,



(c)) with the secondment of the armed forces of the Czech Republic outside the territory of the United

States or with the stay of the armed forces of other States on the territory of the United

Republic, which gives its assent, Parliament of the Czech Republic, or

the Government of the United States.



section 409



Relations threatening peace



(1) a citizen of the Czech Republic, or a stateless person who has

on its territory for permanent residency, which intends to bring on war or

an armed action against the Czech Republic or other State or

through another establishes or maintains relations with foreign powers, will be

liable to imprisonment for three years to twelve years.



(2) imprisonment for ten to twenty years or an exceptional punishment will be

the offender is punished, it causes the offence referred to in paragraph 1



and a serious threat to the international position of) the United States or other

State, or



(b) a serious threat to the existence of) the United States or another State.



(3) preparation is punishable.



section 410



Violations of international sanctions



(1) Whoever violates the command on a larger scale, the prohibition or restriction provided for

in order to maintain or restore international peace and security,

protection of human rights or the fight against terrorism to which the


the Czech Republic committed from its membership in the Organization of the United

Nations or in the European Union, shall be punished by imprisonment for up to three

years or financial penalty.



(2) imprisonment for six months to five years, the offender will be punished,



and if the offence) cause referred to in paragraph 1, the considerable damage, or



(b)) gets such a deed for yourself or another substantial benefit.



(3) imprisonment for three years and eight years, the offender will be punished,



and if the offense commits a) referred to in paragraph 1, in conjunction with organised

Group operating in multiple States,



(b) if he commits such) action plan to get for himself or for another

benefit of large scale,



(c)) if he causes any damage to such act of large-scale,



(d)) if he causes such offence a serious threat to international status

The United States, or



(e)) if offence will contribute significantly to violations of international peace and

safety, measures aimed at the protection of human rights or the fight

against terrorism.



section 411



Use of a forbidden martial resource and illegal warfare



(1) Whoever in war or other armed conflict, or for fighting

the situation of the



and use of a forbidden martial) resource or similar material

nature or of such a device or material used or



(b)) shall order the prohibited uses of warfare or alone as follows the fight leads,



shall be punished by imprisonment for two years and ten years.



(2) the same shall be punished, whoever in violation of the provisions of the international

rights of the means and methods of waging war or other armed

the conflict intentionally



and damage the military operation) the civilian population or civilian persons on

the life, health or property, or leads the attack against them because of

bloody reprisals,



(b)) leads an attack against nebráněnému the place or the demilitarizovanému zone



c) destroys or damages a dam, a nuclear power plant or similar

equipment containing dangerous forces, or



d) destroys or damages the object specified for humanitarian purposes or

an internationally recognized cultural or natural monument or such object

or memory exploited for military purposes.



(3) imprisonment for eight to twenty years or an exceptional punishment will be

the offender is punished, it causes the offence referred to in paragraph 1 or 2



and severe injury to health), or



(b)) death.



(4) preparation is punishable.



§ 412



War cruelty



(1) Whoever in war or other armed conflict violates any of the provisions

international law by the inhumanly treated with the civilian population,

refugees, the wounded, the sick, with members of the armed forces who

the weapons already have passed, or prisoners of war, shall be punished by imprisonment

freedom for five to twelve years.



(2) the same shall be punished, who during the war or other armed

conflict violates the rules of international law by



and does not make effective measures) to protect persons that such assistance

in need, especially children, women, the wounded and sick, or such

measures of preventing, or



(b) prevent or inhibit organizations), civil defense the enemy, neutral

or another State in carrying out their humanitarian tasks.



(3) imprisonment for eight to twenty years or an exceptional punishment will be

the offender is punished, it causes the offence referred to in paragraph 1 or 2



and severe injury to health), or



(b)) death.



(4) preparation is punishable.



§ 413



Persecution of the population



(1) Whoever in war or other armed conflict applies apartheid

or committing other inhuman acts arising from racial, ethnic,

ethnic, religious, class or other similar discrimination or

terrorizing the civilian population by violence or the threat of its use, the

punished by imprisonment for five to fifteen years.



(2) the same shall be punished, who during the war or other armed

conflict



and destroys or seriously impede) the source of the basic needs of the civilian

the population in the occupied territories or the touch zone or arbitrarily

does not provide population assistance necessary for survival,



(b) unreasonably delaying the return) of the civilian population or war

the prisoners,



(c)) přesídluje for no reason or the civilian population of occupied yershalaim

territory,



(d) the osídluje occupied territory populations) of their own country,



e) distracts children to the service-in-arms, or



f) arbitrarily prevent the civilian population or prisoners of war, in order to

about their wrongdoing decided in an impartial court proceedings.



(3) imprisonment for ten to twenty years or an exceptional punishment will be

the offender is punished, it causes the offence referred to in paragraph 1 or 2



and severe injury to health), or



(b)) death.



(4) preparation is punishable.



section 414



Looting in space warfare



(1) Whoever in space warfare, on the battlefield, in areas affected by the

operations of war, armed conflict or in the occupied territories



and) robs a fallen or otherwise appropriates a foreign thing, or



(b) foreign assets arbitrarily) destroys, harms, withdrawing, concealing or

exploits,



shall be punished by imprisonment for eight to twenty years or by an exceptional

the penalty.



(2) preparation is punishable.



§ 415



Abuse of internationally recognized and national characters



(1) Whoever under a State of emergency or a State of war or a war

or another armed conflict exploited the designations of the Red Cross

or other distinguishing marks or colors recognized by the international

the right to designate medical institutions or means of transport

medical assistance or evacuation, shall be punished by imprisonment for

two years to eight years.



(2) the same shall be punished, who during the war or other armed

conflict exploited the character of the United Nations or the flag or

Government or military character, insignia or uniforms of neutral

or of another State which is not a party in the conflict.



(3) imprisonment for five to twenty years or an exceptional punishment will be

the offender is punished, it causes the offence referred to in paragraph 1 or 2



and) death or severe injury to health,



(b) large scale) damage, or



c) reprisals of the other warring parties or other parties of armed

the conflict of the same or of a similar nature.



(4) preparation is punishable.



Section 416



Misuse of the flag of truce



(1) Whoever in war or other armed conflict, exploited the flag or

Government or military character, insignia or uniforms of another State

that is a party in the conflict, will be punished by imprisonment for a

year up to five years.



(2) who during the war or other armed conflict, exploited the declared

a cease-fire or a truce flag, will be punished by imprisonment for two years

up to eight years.



§ 417



Harm parlamentáři



Who insults his parliamentarian or member, or



who that person wrongfully withheld,



shall be punished by imprisonment for up to five years.



Part 3



Common provisions



§ 418



The responsibility of the parent



(1) Military or other parent is criminally responsible for an offence

Genocide (art. 400), an attack against humanity (§ 401), aggression (§ 405a),

the preparation of aggression (section 406), instigating wars (section 407),

use of a forbidden martial and illegal resource warfare (section

411), war cruelty (section 412), persecution of the population (Section 413), looting

in the area of operations (para. 414), abuse of internationally recognized and

national characters (§ 415), abuse of the flag and a cease-fire (article 416) or bodily harm

parlamentáři (§ 417) committed by his subordinates, over which he exercised

its power and control if, even negligent, he in committing

such a crime has not prevented, such an offence he

nepřekazil or him for such an offence being or

It changed hands to the authority competent to such penalties.



(2) The criminal liability and the criminalization of a military or other

the parent shall be provisions on the criminal liability and that

the child of the offender.



PART THREE



TRANSITIONAL AND FINAL PROVISIONS



Section 419



Transitional provision



Sentence imposed before the date of entry into force of this Act for an offence which

It is not an offence under this Act, or its nevykonaný

the remainder, performed. The provisions of the General punishment in this case

He pointed out. If it was for such action and converging offense saved the sum of the

or summary punishment, court sentence a rather truncated; in doing so, shall take into account

the mutual ratio of the seriousness of the offences, that from the date of entry into force of

This Act is not criminal acts, and that criminal offences.



section 419a



Implementation of European Union law



This law incorporates the relevant provisions of the European Union ^ 1).



Section 420



Regulation (EEC)



Shall be deleted:



1. Act No. 140/1961 Coll., the criminal act.



2. Act No. 53/1963 Coll., amending section 203 of the Penal Code.



3. Act No. 56/1965 Coll., amending and supplementing the criminal code.



4. Act No. 148/1969 Coll., amending and supplementing the criminal code, in the

amended by Act No. 45/1973 Sb.



5. Act No. 45/1973 Coll., amending and supplementing the criminal code, in the

amended by Act No. 175/1990 Coll. and Act No. 290/1993 Coll.



6. Act No. 175/1990 Coll. amending and supplementing the criminal code, in the

amended by Act No. 265/2001 Coll.



7. Act No. 542/1990 Coll. amending and supplementing the criminal code.




8. Act No. 563/1991 Coll., amending and supplementing the criminal code.



9. Act No. 253/1997 Coll., amending and supplementing Act No. 140/1961

Coll., the criminal act, as amended.



10. Act No. 91/1998 Coll., amending and supplementing Act No. 140/1961

Coll., the criminal act, as amended.



11. Law No 96/1999 Coll., amending Act No. 140/1961 Coll., the criminal

Act, as amended.



12. Act No. 326/1999 Coll., amending Act No. 140/1961 Coll.,

the criminal code, as amended.



13. Act No. 406/2000 Coll., amending Act No. 140/1961 Coll.,

the criminal code, as amended.



14. Act No. 137/2001 Coll., amending Act No. 140/1961 Coll.,

the criminal code, as amended.



15. Act No. 134/2002 Coll., amending Act No. 140/1961 Coll.,

the criminal code, as amended.



16. Act No. 91/2004 Coll., amending Act No. 140/1961 Coll., the criminal

Act, as amended.



17. Act No. 695/2004 Coll., amending Act No. 140/1961 Coll.,

the criminal code, as amended.



18. Act No. 320/2006 Coll., amending Act No. 140/1961 Coll.,

the criminal code, as amended.



19. Law No 343/2006 Coll., amending Act No. 140/1961 Coll.,

the criminal code, as amended.



20. Act No. 271/2007 Coll., amending Act No. 140/1961 Coll.,

the criminal code, as amended.



21. Act No. 165/1950 Coll., on the protection of peace, as amended by Act No 140/1961

SB.



22. Law No. 120/1962 SB., on the fight against alcoholism, as amended by Act No.

37/1989 Coll.



23. Act No. 482/2002 Coll., on the strengthening of the protection of the airspace of the United

Republic in the time of the Summit of the North Atlantic Treaty Organization in

Prague and amending the criminal code.



24. Government Regulation No. 72/1997 Coll., laying down what is considered

Anabolics and other means having an anabolic effect within the meaning of the criminal

the law.



25. Government Regulation No. 10/1999 Coll., which repeals Decree-Law No.

192/1988 Coll., on poison and some other substances harmful to health, in

as amended, and amending, for the purposes of the criminal code

What is considered a poison, as amended by Decree-Law No. 114/1999

SB.



26. Government Regulation No. 114/1999 Coll., amending, for the purposes of criminal

the Act provides what is considered poisons, infectious disease and pest, in the

amended by Decree-Law No 40/2002 Coll. and Decree-Law No. 441/2003 Coll.



§ 421



The effectiveness of the



This Act shall take effect on 1 January 2000. January 1, 2010.



Vaidya in the r.



Klaus r.



Topolanek in r.



Selected provisions of the novel



Article. (IX) Act No. 357/2011 Sb.



Transitional provisions



1. The provisions of § 11 (1) 2 of Act No. 40/2009 Coll., in the version in force from

the effective date of this Act, does not apply to convictions by the Court

another Member State of the European Union for an offense committed prior to the

the effective date of this Act.



2. The provisions of § 11 (1) 2 of Act No. 40/2009 Coll., in the version in force from

the effective date of this Act, to 27 June. April 2012 shall apply

only in relation to the final conviction by a Court of a Member State

The European Union registered in the register of a Member State, the person

a citizen or in which he has his habitual residence.



1) directive of the European Parliament and of the Council of 2011/36/EU of 5. April

2011 on the prevention of trafficking in human beings, the fight against it, and protecting victims,

which is replaced by Council framework decision 2002/629/JHA.



Directive of the European Parliament and of the Council of 2011/93/EU of 13 July. December

2011 on combating the sexual abuse, sexual exploitation of children

and child pornography, which is replaced by the framework decision of the Council

2004/68/JHA.



European Parliament and Council Directive 2005/60/EC of 26 July 2000. October 2005

on the prevention of the misuse of the financial system for money laundering and the financing of

terrorism.



European Parliament and Council Directive 2008/99/EC of 19 June 2000. November

2008 on the protection of the environment through criminal law.



European Parliament and Council directive 2009/123/EC of 21 June 1999. October

2009 amending Directive 2005/35/EC on ship-source pollution and on

the introduction of penalties for infringements.



Council Directive 2004/81/EC of 29 April 2004. April 2004 on the residence permit for

third-country nationals who are victims of trafficking in human beings

or have been the subject of illegal immigration and who

cooperate with the competent authorities.



European Parliament and Council directive 2009/52/EC of 18 June 2003. June 2009

on minimum standards on sanctions and measures against employers of

illegally staying third-country nationals.



European Parliament and Council Directive 2004/38/EC of 29 April 2004. April 2004

on the right of citizens of the Union and their family members to

move and reside freely within the territory of the Member States, amending Regulation (EEC) No.

1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC,

73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.



Directive of the European Parliament and of the Council of the EU of the 40/12. August 2013

on attacks on information systems and the replacement of the Council framework decision

2005/222/JHA.