The Provincial Offences Act

Original Language Title: o přestupcích

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38544&nr=200~2F1990~20Sb.&ft=txt

200/1990 Coll.



LAW



The Czech National Council



from the date of 17 May 1990



the provincial offences Act



Change: 337/1992 Coll., 344/1992 Coll., 359/1992 Sb.



Change: 67/1993.



Change: 290/1993 Coll.



Change: 134/1994 Coll.



Change: 82/1995 Sb.



Change: 279/1995 Sb.



Change: 237/1995 Coll. 289/1995 Coll.



Change: 112/1998 Coll.



Change: 168/1999 Coll.



Change: 360/1999 Coll.



Modified: 29/2000 Coll., 151/2000 Sb.



Change: 121/2000 Coll.



Change: 132/2000 Coll. 258/2000 Coll., 361/2000 Coll., 370/2000 Sb.



Change: 164/2001 Sb.



Change: 273/2001 Coll.



Change: 254/2001 Coll. 265/2001 Coll., 273/2001 Coll., 312/2001 Coll.



Change: 52/2001 Sb.



Change: 6/2002 Coll., 62/2002 Coll., 78/2002 Sb.



Change: 259/2002 Sb.



Change: 285/2002 Sb.



Change: 216/2002 Coll., 312/2002 Coll., 320/2002 Coll.



Change: 274/2003 Coll.



Change: 218/2003 Coll.



Change: 47/2004 Sb.



Change: 436/2004 Sb.



Change: 559/2004 Coll., 586/2004 Sb.



Change: 95/2005 Sb.



Change: 392/2005 Sb.



Change: 501/2004 Coll., 379/2005 Sb.



Change: 76/2006 Sb.



Change: 57/2006 Sb.



Change: 216/2006 Coll.



Change: 134/2006 Sb.



Change: 213/2006 Sb.



Change: 411/2005 Coll., 115/2006 Coll., 182/2006 Coll., 225/2006 Coll., 227/2006

SB.



Change: 362/2003 Coll., 80/2006 Sb.



Change: 215/2007 Sb.



Change: 376/2007 Sb.



Change: 344/2007 Sb.



Change: 314/2008 Sb.



Change: 129/2008 Coll., 274/2008 Coll., 312/2008 Coll.



Change: 484/2008 Sb.



Change: 52/2009 Sb.



Change: 41/2009 Coll., 306/2009 Coll., 346/2009 Sb.



Change: 150/2010 Sb.



Change: 199/2010 Sb.



Change: 133/2011 Sb.



Change: 366/2011 Sb.



Change: 285/2002 Coll. (part)



Change: 142/2009 Sb.



Change: 237/2009 Sb.



Change: 390/2009 Sb.



Change: 494/2012 Sb.



Change: 102/Sb.



Change: 300/Sb.



Change: 306/Sb.



Change: 308/Sb.



Change: 204/2015 Coll. (part)



The Czech National Council decided on the following Act:



§ 1



Basic provisions



State authorities and authorities of municipalities (hereinafter referred to as "administrative authorities")

citizens to comply with the laws and other legislation, and

respect the rights of fellow citizens; shall ensure, in particular, to the citizens of the

a trial for carrying out the tasks of Government and disturb public order and

civil coexistence.



PART THE FIRST



General part



§ 2



The concept of the offense



(1) the Offence is caused by conduct which violates or threatens the interest

company and is explicitly marked for the offense in this or another

the Act, unless another administrative offence punishable under special

law or of offence.



(2) the Offence does not act by which someone turns away



and directly threatened in a reasonable manner) or lasting attack on interest

protected by law or



(b) the danger directly threatening the interests) protected by the law if this

the hearing was not caused by an apparently serious results in the same way than the one that

threatened, and the danger cannot be averted otherwise in a given situation.



Fault



§ 3



Responsibility for the offense of negligence at fault shall be sufficient, unless the

the law expressly states that it must be intentional fault.



§ 4



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



and) knew that their actions might violate or jeopardise the interest protected

by law, but without adequate reasons, relied on the fact that this interest

will not infringe or do not endanger or



(b)) did not know that their actions might violate or jeopardise the interest protected

by law, though given the circumstances and your personal circumstances and should know

could.



(2) the Offence is committed intentionally, if the offender



and he wanted to break their actions), or to compromise the interest protected by law or



(b)) knew that their actions may compromise the interest protected by law, and for

in case that it violates or threatens, he was with this agree.



(3) the Act shall mean (i) the omission of such a meeting, which was

the offender according to the circumstances and their personal circumstances required.



§ 5



Age and insanity



(1) for the offense is not responsible, who, at the time a criminal offence under the

the fifteenth year of his age.



(2) for the offense is not responsible to anyone for mental disorder at the time of his

commit could not recognize that it is a violation of or threat to the interests of

protected by the law, or was unable to control his actions. Liability shall

However, this does not relieve the person who is in a State of insanity, even brought from

negligence, use of alcohol or the use of other addictive substances. ^ 1)



§ 6



Breach of the duty imposed on a legal person



For the breach of the obligation imposed on a legal person is responsible under this

Act one who acted as a legal person, or should be, and if it is a

negotiations on the command, the one who gave the command to act.



The scope of the law



§ 7



(1) the responsibility for the offense is judged according to the law effective at the time of

committing an offence; by law, shall be assessed only if the

If it is more favourable to the offender.



(2) the offender can only save that kind of sanction, which allows

Save the law effective at the time of the offence.



(3) the protection measures shall be decided according to the law effective at the time when

the protective measures.



§ 8



(1) pursuant to this Act or another act is judged an infraction which

has been committed on the territory of the Czech Republic.



(2) pursuant to this Act shall be assessed whether or not an offense against civil

cohabitation according to § 49 paragraph 1. 1 (b). (b)), and (c)) and the offense against property

pursuant to § 50, which he committed in a foreign country or a citizen of the Czech Republic

a foreigner ^ 2) which has a permanent residence in the territory of the United States, if

such conduct was not discussed abroad. Another offence committed in

abroad of a citizen of the United States or an alien who has a permanent

stay on the territory of the Czech Republic, will be assessed under this Act, or

another law only if the person violated the abovementioned obligation,

that's according to the regulations applicable in the Czech Republic outside the territory

States, or if it is apparent from the renowned international agreements,

which the Czech Republic is bound.



§ 9



(1) the Act that is an offence committed by a person

enjoying privileges and immunities under the law or international law, cannot be

as a misdemeanor, unless the law provides otherwise.



(2) cannot be done in pursuit of a sanction or continue, if

the person to whom the sanctions imposed, became later a person enjoying

privileges and immunities in accordance with the law or international law, except to the person

that became a Deputy or a Senator.



(3) under this Act are misdemeanors committed by

Deputies and senators, if invited by the authority competent to hear

the offense of infraction in the disciplinary proceedings under the

special legislation. ^ 2a)



§ 9a



cancelled



§ 10



(1) in accordance with special regulations ^ 3) to discuss the negotiations, which has characters

offence, committed by



and) persons subject to military disciplinary powers, the members of the

security forces,



(b)) persons during their imprisonment or security detention.



(2) These negotiations, however, will discuss as a misdemeanor if his offender

ceased to be a person referred to in paragraph 1.



Penalties



§ 11



(1) for the offense, the sanctions may be imposed:



a) admonition,



(b)),



(c) the prohibition of activities)



d) forfeiture of things



(e)) the prohibition of stay.



(2) a penalty may be imposed alone or with other sanctions; admonition cannot be

Save with a fine.



(3) since the imposition of sanctions in the decision about the offence can be omitted if the

the remedy is sufficient consideration of the offence the offender itself.



§ 12



(1) when determining the type of penalties and assessments will take into account the seriousness of the

the offense, in particular, the way a criminal offence and its consequences, to

circumstances in which it was committed, to the degree of fault, the motives and the

the person of the offender, whether and in which way and for the same deed was affected in

disciplinary proceedings.



(2) For more of the same, according to the perpetrators of the offences in the common management

penalties shall be imposed in accordance with the provisions relating to the offence

is strictly punishable. A ban or prohibition of residence can be saved,

If it can be saved for any of these offences.



section 13 of the



(1) a fine of $ 1000 can store, unless otherwise provided in the special part of this

law or other law higher penalty.



(2) in block management (section 84) can impose a fine of up to CZK 5,000, if this

Act or any other law does not allow save in such proceedings a fine higher,

and in the proceedings (section 87) to $ 10,000.



(3) the penalty imposed by the authority of the municipality is the village of income, whose authority in the matter

in the first instance. The penalty imposed by another administrative authority of the United

the Republic is the State budget revenue.



§ 14



(1) prohibition of activities can be saved only for the offences referred to in the Special

part of this Act or any other Act and there laid down,

for up to two years, and in the case of activity which the offender performs in

work or other similar relationship, or which are subject to authorisation or

the consent of the public authority, and if the offender committed the offense by this

activities or in connection with it.



(2) until the ban is counted the time during which the offender to

the basis of the measures taken in the context of the administrative authority with the

the present offence was not allowed to perform this activity already.



(3) since the performance of the rest of the disqualification can be after half time

enforcement of this penalty waived, if the offender of the offense the way their


life has shown that her next performance is not required.



§ 15



(1) the confiscation can be saved if the thing belongs to the offender and the case



and to commit the offence) was taken or intended, or



(b)) was obtained or an offence was acquired as a matter of offence obtained.



(2) confiscation cannot be saved, if the value of the case in a prominent

disproportionate to the nature of the offence.



(3) the owner of a forfeited things becomes a State.



section 15a



(1) the prohibition of stay can be saved only for the offences referred to in the special section

This Act or any other Act, and for a period not exceeding three months for the

provided that the



a) the offence was committed willful act significantly distorting the local

matter of public policy,



(b)) the offender has been in the last 12 months before the date of committing

the offense has been finally convicted of a misdemeanor for similar conduct,

which has committed on the territory of the same municipality, and



(c)) the imposition of such sanctions is necessary in order to ensure the protection of local

a matter of public order in the territory of the municipality; the sanctions ban the stay

may not relate to a place or district, in which the offender permanent residence

or reported residence, pursuant to special legal regulation ^ 19).



(2) the prohibition of residence lies in the fact that the offender must not for the duration of

the prohibition of stay on the territory of, or part thereof, in which the

repeatedly committed an offence within the meaning of paragraph 1, as defined in

decision of the administrative authority, which imposed a ban on residence.



(3) Municipal Office of the municipality in whose territory the offender permanent residence or

reported residence, pursuant to special legal regulation ^ 19), the perpetrators on

the basis of his request to grant an authorisation for temporary stay in the territory

the municipality referred to in paragraph 2 or part thereof. Authorisation may be granted if the

the offender to reside on the territory of the municipality of serious personal reasons, which are

in particular, a visit to a doctor or a public body. The local authority may

permission granted only with the consent of the administrative authority, that the prohibition of stay

saved by. On request decide in municipal office without delay, and no later than five

working days of the initiation of the proceeding. The conditions are not fulfilled for the

the issue of permits, the local authority shall issue a decision which shall reject the application;

otherwise, the authorisation shall be granted; the applicant shall issue instead of a written copy of the

confirmation of the decision on a residence permit. Which the applicant is

allow a short stay on the territory of the municipality or part thereof in which the

disabled stay, always contains the definition, at what time and for what purpose it is

short stay enabled. When you stay in the territory of a municipality or a part thereof, in

where the perpetrator of the disabled stay, is required to have with you the confirmation referred to in

This provision.



(4) since the performance of the rest of the ban could be after half time performance

This penalty waived, if the offender of the offense the way of my life

has demonstrated that its performance is not required.



(5) imposing a prohibition of residence, the place and time of its duration, if applicable, to

the abandonment of its performance, shall inform the administrative authority which the prohibition of stay

order, immediately to the police of the Czech Republic and in the case of citizens United

also the local authority of the Republic, in whose territory the offender permanent

the stay.



Protective measures



section 16 of the



Protective measures are:



and) the restrictive measures,



b) prevents things.



§ 17



(1) the restrictive measures consist in the prohibition of attending designated public

accessible places or places where public sporting, cultural

or other social events.



(2) the restrictive measures can save the perpetrators of the offence



and the protection of prior) alcoholism and other addictions (section 30)



(b)) against the State administration and territorial self-government against the order in

(§ 46),



c) against public policy (sections 47 and 48),



d) against civil coexistence (§ 49), or



e) against property (§ 50).



(3) the restrictive measures must be proportionate to the nature and severity of the

committed the offence and the personal circumstances of the offender; they can be saved just

along with sanctions, and for a maximum period of one year, provided that the

There is a direct link between the offence committed and the restrictive

the measure, which is to be saved.



section 18



(1) If no saved confiscation referred to in article 15, paragraph 2. 1 (b). and)

or (b)), it may be decided that such a thing works, if



and belongs to the offender which) cannot be prosecuted for the offense,



(b) the perpetrator of the offence or does not belong) he does not belong entirely, or



(c)) the owner is not known.



and if it takes the safety of persons or property or another General

interest.



(2) prevents things cannot decide if the hearing holding signs

two years have elapsed since the infraction. The provisions of § 15 para. 2 shall apply mutatis mutandis.



(3) the owner of the seized things becomes a State.



§ 19



Special provisions concerning minors



(1) when assessing the violation of a person who at the time of committing the ceremonial

the fifteenth year and does not exceed the 18th year of his age, (hereinafter referred to as

"youthful"), account shall be taken of the special care that the company pays

youth.



(2) a misdemeanor juvenile cannot be discussed in the proceedings and not for

it impose a prohibition on residence.



(3) the upper limit of fines for youthful halved, while

However, it must not be higher than $ 500. In block management is the upper limit of

the fine for a young person is reduced to half, provided, however, must not be higher

than $ 2 500.



(4) the ban on the activities of the juvenile can be save for a maximum period of one year,

If it does not obstruct the performance of the penalties of his preparation for the profession.



section 20



The demise of the responsibility for the offense



(1) the offense cannot be discussed, if passed from his committing a year;

It cannot be also discussed, or penalty, or the rest of the

execute, refers to the offense.



(2) the time limit for consideration of the violation referred to in paragraph 1 shall be interrupted

the start of proceedings for the offence, as well as the release of the decision about the offence,

which the accused is convicted of an offence; If the first act in the proceedings

an order imposing a fine, interrupts the period of his service.



(3) the interruption for consideration of the violation referred to in paragraph 1

starts running a new time limits for consideration of the violation; the offense, however, cannot be

discuss, if passed from his committing two years.



(4) The time limit referred to in paragraphs 1 to 3 shall be the period during which

for the same deed led to criminal proceedings under a special legal

prescription. ^ 3 c)



PART TWO



A special section



Offences against the public administration and territorial self-government



section 21



Offences against public administration occurring on multiple sections

State administration



(1) the Offence is committed by one who



and made unauthorized reproduction of securities) or improperly formed or

puts into circulation a subject that could be confused with ceninou or

such an object unlawfully or unlawfully made allowed to be used,

without the intention to enrich or falsify instrument or referred to

objects,



(b)) shall be deliberately incorrect or incomplete information to the authority or

the desired value, though it has the obligation to conceal such information indicate



(c)) shall be deliberately incorrect or incomplete information to the authority or

the figure conceals in order to obtain an undue advantage,



d) intentionally misappropriates scientific or artistic rank or title

graduate high school,



e) intentionally destroys, damages or removes or violates the official

the closure or the official mark,



(f) wilfully destroyed damaged) or deletes a public decree

or alter its contents,



g) deliberately false or incomplete submits testimony in administrative

proceedings or intentionally presents a false statement in a sworn statement in

administrative authority,



h) intentionally illegally acting as an official person,



ch) intentionally fails to comply with the restrictive measures imposed in misdemeanor proceedings,



I) intentionally in a place accessible to the public wears unduly military

or a business uniform of members of the armed forces or of the armed

forces, or such components of the uniforms that are full

to be a uniform interchangeable, although not a member of the armed forces

or the armed forces.



(2) for the offense referred to in paragraph 1 (b). and), d) to (f)), and (b). (h)) to (i))

You can impose a fine of up to 3 000 € and for the offense referred to in paragraph 1 (b). (b)),

(c)), and (g)) the fine to $ 1,000.



§ 21a



Offenses against regulations, laying down some other assumptions

to perform certain functions



(1) the Offence is committed by one who violates the obligation laid down for the exercise of

some of the features in Act No. 451/1991 Coll., as amended by the constitutional

Court of the Czech and Slovak Federal Republic of 26 March. November

1992, published in the amount of 116/1992 Coll. and by the Act of the Czech National Council

No. 279/1992 Coll., by



and) intend to achieve admission into such a function or to remain in it shall be

incorrect or incomplete information, or conceal data,



(b) does not request the submission of evidence of) fulfilment of the preconditions for the exercise of such

function,



(c) fails to set out measures) Although he knows that the person who holds the

such a feature, does not qualify for her performance.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to $ 50,000.



section 22



cancelled



Article 23 of the



Other offences in the field of transport and the offences on a stretch of road


economy



(1) the Offence is committed by one who



and intentionally destroys, harms), pollute or unlawfully deletes, changes,

alters, conceals, or places the signal device, signal or

the signal aspect, the signal or signalling equipment, information equipment for

the passenger, a timetable the timetable, the indication of public transportation or

other transport equipment or unauthorised use of such a device,



(b)) fails to comply with an obligation imposed by an administrative authority to combat the extremely

urgent needs carriage,



(c)) is without permission or breach of an obligation laid down

special legislation for the operation of services,



(d)) breaks the obligation laid down specific legislation for the transport of

or the transport of dangerous goods,



(e) intentionally disrupt the activity of the media) or signalling equipment,



(f)) as the driver of the vehicle when you check the documents submitted do not hold

invalid document or has not submitted the documents required special legal

Regulation does not set out the way the record of driving time,

the safety breaks and rest time, a record of the operation of the vehicle

or does not comply with the established driving times, breaks and

the time of rest, did not provide a record of the time management, security

breaks and rest period or a motor vehicle record required

special legislation,



(g)) in the transport of dangerous goods under the law does not have the proper

certificate of special training of drivers, will not ensure the identification of the vehicle, it is not

equipped with under the legislation of compulsory violates the prohibition of loading

and unloading of dangerous goods laid down on publicly accessible

places, transports in the vehicle of a person in a manner contrary to the legal

breach of the provisions of the legislation on stopping and parking of vehicles and on the supervision of

vehicles when parking or fails to comply with the route, if it is prescribed,



(h)) to be used in vehicle traffic on the road marked with a roof

lamp with the word TAXI, TAXI or otherwise interchangeable

with the vehicle providing taxi service for any purpose other than for the performance of work

the driver of the taxi, or



I) as a driver of taxis will damage a passenger fare.



(2) for the offense referred to in paragraph 1 (b). a) to (e)) can impose a fine of up to 5

EUR and for the offense referred to in paragraph 1 (b). (f) to (i))) a fine of up to 10 000

CZK; a ban from six months to a year can be saved for

the offense referred to in paragraph 1 (b). (b)), d), (h) and (i))).



(3) in block management can be imposed for the offense referred to in paragraph 1 (b). (f))

and (g)) the fine to $ 500.



(4) the Offence for which he can impose a prohibition on activities, cannot be discussed in the

block control.



§ 23a



cancelled



section 24



Offences in the field of business



(1) the Offence is committed by one who



and damaged another on price), quality, quantity, or weight in the sale

of goods or the provision of other services,



(b)) illegally operated by commercial, industrial or other gainful activity



c) breach of an obligation



1. show on all orders, business letters, invoices,

agreements and in the context of the information made available to the public

by means of remote access information about your business, and

If it has, of the name and last name, or the name, address or place of business,

entry in the commercial register, including the file tags, entrepreneurs

nezapsaní in the commercial register, the entry on the entry to the other evidence, in which the

are included, where appropriate, on the registration of branches of the undertaking or

foreign persons undertaking in the commercial register, including the file

brand ^ 4),



2. submit an application for registration, change or cancellation of the registration in the commercial register

or deposit the collection of documents ^ 5),



3. use in business, business name, and if it does, the name and

last name or the name of a ^ 6).



(2) for the offense referred to in paragraph 1 (b). and you can impose a fine to a) 5 000

CZK, for the offense referred to in paragraph 1 (b). (b) a fine of up to 10 000) and for

the offense referred to in paragraph 1 (b). (c)) to a fine of $ 50,000; prohibition of activities

up to 1 year may be imposed for the offense referred to in paragraph 1 (b). a) and (c)).



§ 25



cancelled



section 26



cancelled



section 27 of the



cancelled



section 28



Offences in the field of Social Affairs



(1) the Offence is committed by one who intentionally destroys, damages, alters, or

exploited card for persons with disabilities, or violates another

the obligation laid down by the law in the field of certificates of persons with

disabilities.



(2) for the offence referred to in paragraph 1 may be to impose a fine of up to 20 000

CZK.



section 29



Offences in the field of health care



(1) the Offence is committed by one who



and intentionally frustrate, aggravate) or will threaten the provision of health care services or

They shall impose a compulsory examination or treatment,



(b) fails to comply with the measures laid down) or stored to reduce noise and vibration,

with the exception of the obligations laid down for organising or providing

and public land for production music,



(c)) would threaten or violate health safety of drinking water,



d) forges or intentionally wrongly changed medical report or

medical card or medical documentation, exploited the



e) breach of an obligation when dealing with drugs, psychotropic

substances or other substances harmful to health,



(f) violates the prohibition or fails to) the obligations laid down in or stored to

the prevention of the emergence and spread of infectious diseases,



g) forges a prescription or alter its contents in a plan to make him

has been used as a right, or a right to such a regulation shall be used as

or provide a prescription form another intend to make him

It was used for counterfeiting, or intend to steal or otherwise

wrongly gets such a form,



(h) violates or fails to comply with ban) the obligations laid down in or stored to

health protection on non-ionizing radiation,



(I) violates or fails to comply with ban) the obligations laid down in or stored for

operation of the swimming-pool in the wild, artificial swimming pools or saunas,



(j) breach of the prohibition or fails to) the obligations laid down in or stored for

organisation of recovery actions, other similar events for children or school in

Outdoor,



k)



cancelled



l)



cancelled



m)



cancelled



n) violate or fail to comply with the obligations laid down for the exercise of the activities of the

severe epidemiological,



about) as the organiser of the public production of music does not ensure that the noise from her

do not exceed the specified limits, or provides construction, other

equipment or property to public production of music, without ensuring that

noise from it does not exceed the set limits.



(2) for the offense referred to in paragraph 1 (b). a) to (j)) and the letter n) can be

impose a fine of up to $ 10,000 and for the offense by the letter o) can be saved

a fine up to $ 50,000. In block management (para. 86), the authority may

the protection of public health, save for the offences a fine up to 5 000

CZK.



section 29a



Offences in the field of search, the protection, use and further development of the

natural medicinal resources, resources, natural mineral waters and

Spa Resorts



(1) an offence under this Act is committed by the person who



and fails to meet the restriction or prohibition) on the protection of natural healing

resources, resources, natural mineral water, natural healing spa or

Spa locations



(b) fails to comply with the notification obligation) under a special legal regulation, ^ 9)



(c) carries out activities prohibited by) the protection zone of a natural healing

resources and sources of natural mineral waters,



(d) carries on the activity prohibited in) inner territory of the Spa places



e) intentionally destroys or damages or improperly repositions or removes the

tag marked by borders or fences of natural protection zone

source, the source of natural mineral waters or the territory of the Spa

space,



(f)) makes it difficult to carry out the tasks supervision measures in the territory of

Spa locations



g) makes it difficult to carry out the tasks during the search and survey of natural

naturally occurring sources of mineral water, gases and peloids use surveillance

compliance with the measures in the protection zone of the natural medicinal resources and

natural sources of mineral water.



(2) the offences referred to in paragraph 1 may be imposed a fine up to $ 50,000.



section 30



Offences in the field of protection against alcoholism and other addictions



(1) the Offence is committed by one who



and sells, shall) or otherwise allow the ingestion of an alcoholic beverage to a person

apparently affected by the alcoholic beverage or other addictive substance,

a person under eighteen years of age, a person can have a doubt as to whether it meets the

the condition of the age, or the person about whom it knows that it will exercise an employed or

Another activity, which could endanger human health or damage the

assets,



(b) unlawfully sell, give) or otherwise allow the other person to harmful

the use of addictive substances other than narcotics, psychotropic substances and

alcohol,



(c) the measures concerned postihujícímu), excessive consumption of alcoholic

beverages or use of other addictive substances,



d) intentionally produced alcohol or distillate alcohol without the authorization or intentionally or

the distillate is made without a permit, he shall keep or puts into circulation,



e) deliberately allows the consumption of alcoholic beverages or taking other

substance abuse than the narcotic drugs and psychotropic substances to a person under the age of


eighteen years of age, a threat to the physical or moral development,



(f) unauthorized) will allow the consumption of narcotic drugs and psychotropic substances the person

under the age of eighteen years, unless the act more strictly criminal,



g) takes an alcoholic beverage or any other addictive substance used, as

He knows that will perform the work or any other activity which could

endanger the health of people or damage the assets,



h) after ingestion of alcoholic beverages or use of other addictive substances

carries out an activity referred to in point (g)),



ch) in the State as to eligibility, which precipitated the ingestion of

an alcoholic drink or use other addictive substances, carries on the activity

referred to in point (g)),



I) denies to undergo an examination, whether is not affected by alcohol or other

addictive substance, to which he was invited by a special legal

prescription ^ 10),



j) unlawfully possess a small quantity for your need for narcotic

or psychotropic substance,



k) cultivates for own use in a small amount of plant

or a sponge containing narcotic or psychotropic substance,



l) will sell individual cigarettes or packs of cigarettes per unit, to be finalised



m) in places by law prohibited smoking,



n) sells the product similar to tobacco products, tobacco product need in the form of

food product or toy, or a similar alcoholic

drinks in the form of toys,



o) sells tobacco product, tobacco use or an alcoholic drink in the

device, or on the action specified persons under 18 years of age,



p) sell, give, or otherwise allow the use of a tobacco product to a person under the age of

18 years old or does not deny their sale of a natural person, which can be

doubt that satisfies the condition of age.



(2) for the offense referred to in paragraph 1 (b). a) to (d)) can impose a fine of up to 3

USD, for the offense referred to in paragraph 1 (b). e) and (f)) to a fine of 5 000 CZK

and a ban on the activities of up to 1 year, for the offense referred to in paragraph 1 (b). g) up to

I) to a fine of $ 25 000 to $ 50,000 and a ban from 1 to 2 years of age and under

the offense referred to in paragraph 1 (b). (j)), and to a fine of up to 15 000) and for

the offense referred to in paragraph 1 (b). a), b), c), (e)), f), (g)), h), ch), j), and

to) can be combined with a fine save the ban.

----------



Editor's note. ASPI: the law 379/2005 Coll. introduced into paragraph 1. 2 fines for offences

According to subparagraph (a). l) to (p)), paragraph 1. Subsequently, however, the law 413/2005 Sb.

He instituted the new wording of paragraph 1. 2, in which the fines according to subparagraph (a).

l) to (p)) are not listed.

----------



(3) the Penalty for the offence referred to in paragraph 1 (b). g) to (i)) can be reduced

below a set threshold only if that failed a breath test has been shown to

or medical examination of blood alcohol in quantities of under 0.5

per mille, and at the same time not used any other addictive substance.



section 31



Offences in the field of education and the education of youth



(1) the Offence is committed by one who threatens education and training

in particular, the fact that the minor does not register the child for compulsory education

or neglects the care of compulsory school attendance.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to $ 3000.



§ 32



Offences in the field of culture



(1) the Offence is committed by one who



and breach of a special law) on the protection of items or files

iconic items, Museum or Gallery value,



(b)) violates any of the special law in matters of protection of churches and

religious organisations.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to 15 000 CZK.



§ 33



Offences in the field of industrial property rights violations and violations of the rights to

business company



(1) the Offence is committed by one who



and unduly exercise) rights protection laws

industrial property rights reserved to the owners of these rights,



(b) unlawfully used the trade name) or any marking interchangeable

with the trade name or designation characteristic for other entrepreneurs.



(2) the offences referred to in paragraph 1 can be used to impose a fine of up to 15 000 CZK.



§ 34



cancelled



§ 35



Offences in the field of agriculture and hunting



(1) the Offence is committed by one who



and wrongly constructed, takes), puts into circulation or unlawfully or

incorrectly uses the chemical or biological plant protection

plants,



b) pollute the soil improper storage of oils and fuels,

pesticides, fertilizers, or other harmful substances,



(c) fails to comply with the measures imposed pursuant to) specific legislation on

protection of agricultural land resources or about hunting,



(d)) breaks the obligation to protect the plants from the particular

dangerous pests or diseases,



e) unlawfully makes a change to the type of the property which is part of the

agricultural land resources, or unduly shall be withdrawn by agricultural land

from the agricultural land resources or performs the activities

affecting the agricultural production on such land,



f) unlawfully fishing for animals.



(2) for the offense referred to in paragraph 1 (b). and you can impose a fine to) 15 000

CZK, for the offense referred to in paragraph 1 (b). b) to (d)) to $ 3000 fine and,

for the offense referred to in paragraph 1 (b). e) fine to $ 100 and under

the offense referred to in paragraph 1 (b). f) fine to 8 000 CZK; prohibition of activities

within one year may be imposed for the offense referred to in paragraph 1 (b). (f)).



section 36



cancelled



§ 37



cancelled



§ 38



Offences in the field of geology



(1) the Offence is committed by one who intentionally



and will jeopardize or unduly difficult) the implementation of the State-organised by the

geological work,



(b) to destroy or damage) degrade the geological research and exploration

work pattern, or other consideration the geological documentation.



(2) for the offense referred to in paragraph 1 (b). and you can impose a fine to a) 1000 Czk

and for the offense referred to in paragraph 1 (b). (b) a fine of up to £ 3000).



§ 39



Offences in the field of the protection and utilization of mineral resources



(1) the Offence is committed by one who



and) unlawfully enters the mining works or in the territory in which the

carried out mining activity or activities carried out using mining techniques,

or in the poddolovaného territory, where the input is disabled, the



(b)) a device used to deliberately damage the exploitation of mineral resources

or for the implementation of activities carried out using mining techniques, including permissible

měřičských signals, symbols, and characters and other protection měřičských

the device, as well as markers on entry ban,



c) unlawfully does surface, underground or other water in mine

water or mine workings or intentionally damage the device removal

mine water.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to 15 000 CZK.



section 40



cancelled



§ 41



Offences in the field of power engineering, heating plants and gas



(1) the offense is committed by whoever unlawfully



and deletes the distribution installations) of electricity, heat or heating gases,

where appropriate, accessories or attachments to these devices, measuring

device, or the seal, above ground or underground media or device

control techniques of power engineering, heating plants or gas,



(b)) to hit the public distribution of electricity, heat or gas,

including the sampling device in front of the measuring device, rozvodního.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to $ 3000.



§ 42



Offences in the field of general internal administration



(1) the Offence is committed by one who



and intentionally damaged, misused) or roughly zneváží a different symbol than the State

the symbol of the United States protected by special legislation,



(b)), and presented awards, an honorary degree or other similar awards

awarded to a public body and it shows.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to $ 3,000.



section 42a



cancelled



section 42b



cancelled



section 42 c



Violations of the registry office, name and surname



(1) the Offence is committed by one who



and intentionally destroy, damage) or birth certificate, marriage certificate or misuses the death certificate,

certificate of legal capacity to marry and the certificate of

the fact that the bride and groom met all the requirements of the Act for the conclusion of the

a valid marriage,



(b) fails to comply with the notification obligation) the Registry Office at birth, death

or the marriage of the registers provided for by law or intentionally

shall, on fulfilment of the reporting obligations the incorrect data,



(c) intentionally not used in official) contact name or names or

last names that are listed in the native or marriage sheet issued

the registry office in the Czech Republic or any other competent authority.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to CZK 5,000.



§ 43



Offences in the field of defence



The United States



(1) the Offence is committed by one who



and the breach of an obligation imposed to) the security tasks of civil defence,



(b) wilfully disrupts the protection mode) and the entry into the military object.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to $ 3000.



§ 44



Violations of the administration of State border



(1) the Offence is committed by one who



and destroys damaged) unduly or unlawfully removes moves

borderline character or equipment on the course of national borders,



b) unduly interferes in the border strip or free circular areas

or to the banks or the bed of the watercourse or to a border border

paths, worsen by clarity over the national borders or

If this will change their position, or



(c)) does not allow or otherwise aggravate the authorized person to enter, driving and or performance


work in the management of national borders.



(2) for the offense referred to in paragraph 1 (b). a) and b) can impose a fine of up to 15

EUR and for the offense referred to in paragraph 1 (b). (c)) to a fine of $ 500.



§ 44a



Offences in the field of protection of national borders



(1) the offense is committed by whoever intentionally prevents the location

security resource to prevent illegal crossing

national borders, means of transport or a means of intentionally

marked by a special legal regulation ^ 12) destroys, damages,

unduly or unlawfully removes the moves.



(2) the Offence is committed by a citizen of the United States, that when entering the

the territory of the Czech Republic



and State borders) exceeds the outside border crossing,



(b) intentionally avoids checking) at the border crossing,



(c)) shall be used to cross the State border crossing at other than

fixed opening hours, or contrary to the purpose of the border post,

If a special law or international agreement provides otherwise.



(3) for the offence referred to in paragraph 1 may be imposed a fine up to $ 10,000 and

for the offense under paragraph 2, a fine up to $ 500.



§ 45



Offences in the field of environmental protection



(1) the Offence is committed by one who violates the specific legal

regulations on the protection of the environment in any way other than as follows

the provisions of section 21 to 44, will worsen the environment.



(2) for the offence referred to in paragraph 1 may be to impose a fine up to $ 10,000.



§ 46



Other offences against public administration and offences against

okay in territorial self-government



(1) the Offense is a violation of other obligations than those listed

in § 21 to 45, if they are determined by specific legislation

including the municipalities of the district offices and regions.



(2) an offence against the right in matters of local and regional authorities is a violation of

the obligations laid down in the generally binding decrees of municipalities and regions

issued in their individual scope.



(3) the offence referred to in paragraphs 1 and 2, you can impose a fine of up to Czk 30 000, and

for the offence referred to in paragraph 2, together with a fine save the ban.



Offences against public order



§ 47



the title of the paid



(1) the Offence is committed by one who



and the rest of the challenges a public official) in the exercise of its powers,



(b)) breaks the quiet



c arouses public nuisance)



d) pollute public space, public or publicly accessible object

beneficial or neglects the obligation of cleaning of public

areas,



(e) wilfully destroyed damaged), pollute or unlawfully deletes, changes,

alters, conceals, or moves or other tourist guide

the designation,



(f) violates any of the conditions imposed on) the protection of public order at the venue

public physical education, sporting or cultural events or in the

places designated for recreation or tourism,



(g)) as a visitor before the start of organized sports matches, in

during or at the end of his face obscured in a manner

that made it more or make its identification



h) damaged or wrongly takes public space, public

the accessible object, or a public utility facilities,



I) unduly spawns a landfill or garbage or waste excluding deferred

reserved space.



(2) for the offense referred to in paragraph 1 (b). ) to c) can impose a fine of up to

$ 5000 for the offense referred to in paragraph 1 (b). d) fine to 20,000 CZK

the offense referred to in paragraph 1 (b). e) and (f)) to $ 3000 fine for

the offense referred to in paragraph 1 (b). g) fine to $ 10,000 and misdemeanor

referred to in paragraph 1 (b). (h)) and i) to a fine of $ 50,000 and misdemeanor under

paragraph 1 (b). b), c), (d)), f), (g) and (h))) can be used along with a fine save

the prohibition of stay.



(3) the night Time means the time from 22. up to 6. clock. The municipality can

generally binding decree or judgment given on the basis of generally

binding decrees provide for exceptional cases, in particular Festival or

similar social or family events, which is the time of night

defined period shorter or no.



Section 47a



Offences false explanation



(1) the Offence is committed by one who as a person submitting an explanation of

the crime of protest in front of the other law enforcement authority

intentionally



and false on the circumstances), which is essential for

the decision, or



(b) the length of such a fact).



(2) for the offence referred to in paragraph 1 may be imposed a fine up to $ 50,000.



section 47b



(1) the Offence is committed by one who



and the attachment of the return) refuses to tolerate table street or

other public areas on their property or in the vicinity of the

a table with a sign placed another inscription,



b) tampers, removes or hides the table marked with street

or other public spaces,



(c)) does not mark the building numbers with descriptive,



(d)) does not maintain the cleanliness and order on his or his land so used,

the appearance of the village.



(2) for the offence referred to in paragraph 1, the municipality may impose a fine of up to 10

000.



§ 48



Offence against the public order is a violation of other obligations before

that are listed in section 47, if they are determined by a specific legislative

regulations. For such a misdemeanor may be imposed a fine of up to $ 3,000.



§ 49



Offences against civil coexistence



(1) the Offence is committed by one who



and another hurt on the honor) by offended or issue in derision,



(b)) to the other of negligence hurt on health,



(c) wilfully disturb civil coexistence) threats of damage to health,

minor bodily harm, false accusation of an offence,

schválnostmi or other gross acts



d) restricts or prevents national minorities to exercise the rights

members of national minorities,



(e) another injury) Act for his belonging to a national minority or

for his ethnic origin, for his race, colour, sex, sexual

orientation, language, faith or religion, for his political or other

opinion, membership or activity in political parties or political

political parties, trade unions or other associations, for his

social origin, wealth, gender, health status, or to status

marital or family.



(2) for the offense referred to in paragraph 1 (b). and you can impose a fine to a) 5 000

And for the offense referred to in paragraph 1 (b). (b) to (e))) a fine of up to 20 000 CZK and the

for the offense referred to in paragraph 1 (b). (c)) can be combined with a fine save ban

the stay.



§ 50



Offenses against property



(1) the Offence is committed by one who



and intentionally causes damage to) foreign assets through theft, fraud,

fraud or destruction of or damage to things of such property, or

such conduct, attempts to



b) intentionally misappropriates foreign assets or appropriates a foreign thing

the award or otherwise, without the consent of the persons concerned,



(c)) or intentionally hides or other thing that has been converted

obtained an offence committed by another person, or what such a thing

It was the latter.



(2) for the offence referred to in paragraph 1 may be to impose a fine or up to 15 000 CZK

the prohibition of stay.



PART THREE



Proceedings for offences



§ 51



General provisions



If it is not in this or any other Act provided otherwise, are subject to the

the management of the provincial offences Act General regulations on administrative proceedings. ^ 13)



The jurisdiction of the



§ 52



Misdemeanors are heard



and) municipal authorities or specific bodies of municipalities (section 53 (4)),



(b)) other administrative bodies, if so provided by law.



§ 53



(1) the municipality shall hear misdemeanors against the State administration in

matters that are entrusted to them, all right, in territorial offences against

authorities, offences against public order, offences against property,

as well as offences against civil coexistence, if they were not committed

violation of special regulations on road

roads, and offences in the field of search, the protection, use and

further development of the natural medicinal resources, natural resources

mineral waters and spa resorts.



(2) the municipal authorities of municipalities with extended powers discuss infractions in the

matters that they manage, and other misdemeanors, if their discussion

the other administrative bodies.



(3) the municipality may establish as its special authority of the Commission to discuss

offences. The Commission shall act and decide on the composition of the three always

the Presidency of a person with a law degree or special professional

competence for dealing with offences; ^ 2) is usually usnášejí

votes. The same conditions apply if cases of the offences was

entrusted to the Commission of the Council of the municipality.



(4) in the capital city of Prague belongs to the



and competence referred to in paragraph 1) urban parts of the city, with the parts of the

It is for discussing violations of policy in Government only in

matters that are entrusted to them,



(b) the scope of paragraph 2) the authorities of the districts as defined by the Statute

the city of Prague.



§ 54



cancelled



section 55



(1) to discuss the offense is the locally competent administrative authority in the

territorial jurisdiction the offence was committed. "^ 15)



(2) an offense that was committed abroad, a citizen of the United

States or foreign citizens who have permanent residence in the territory of the United

States, or if you cannot reliably determine the place of the offence,


discuss the administrative authority within whose territorial jurisdiction the offender has or

last had permanent residence.



(3) the Locally competent administrative authority may, in order to facilitate consideration of the

offence or another important reason, refer the matter without the consent of the

other parties to the proceedings to the competent authority, in whose

territorial jurisdiction the offender resides or works.



§ 56



cancelled



§ 57



Common control



(1) if the offender has committed more offences whose factual

the gist of the concerns violations of the legal obligations occurring in

the same area of public administration and that jurisdiction to hear the same

the authority shall consult these offences in the common procedure.



(2) joint management takes place also against all offenders whose

offenses are related and are dealt with by the same authority. To speed up the

control or another important reason, the case may be one of the perpetrators

offence to exclude from the common control.



(3) in the common proceedings where the offence that has been committed after the

the initiation of another offence.



Synergy



§ 58



(1) the authorities of the Czech Republic Police, military police (hereinafter referred to as the "authority

Police "), the State authorities and the authorities of the municipality shall notify the competent administrative

authorities of the offences of which they become aware, if they are not, in themselves, to their sales agent

to the hearing. The notification shall indicate, in particular, that the offense is in deed

seen, evidence that they are aware and which demonstrate

that it is an offence and that it was committed by a specific person, if known.



(2) announces the offences the competent administrations and the police authority

in the case of offences



and against public policy),



b) against civil coexistence, indicate if the circumstances that, in their

as a result of bodily injury has occurred,



c) against property,



(d)) against the safety and traffic flow,



e) against the State administration, committed in the field of public administration in

the scope of the police of the Czech Republic,



f) referred to in section 29 para. 1 (b). g, § 30 paragraph 2. 1 (b). d) to (j)), and § 35

paragraph. 1 (b). (f)),



the police authority shall make the necessary investigation to determine persons suspected of

committing an offence and to provide the evidence necessary for the

later evidence before the administrative authority. On the assessment of the facts

the police authority will draw up the official record, which shall be annexed to the notice. Notification

the police authority shall, not later than thirty days from the date of

the offense learns.



(3) After carrying out the necessary investigation in accordance with paragraph 2 of the authority of the police



and the competent authority shall surrender) case, in the case of the negotiations with the characters

offence, which shall be dealt with under the specific legislation, ^ 3) or

in the case of other administrative offence than the offense or if the revision of the

the fact that it is a criminal offence,



(b)) case, if not postponed given the suspicion of an offence or if you cannot

offence to discuss, or unless within one month from the date on which

He learned about the offence justifying the suspicion that it

killed a person; If the reasons for postponement have ceased to exist, the matter shall be notified, if it is not

on-the-spot thing dealt with otherwise.



(4) if the authority police about the offense from a private citizen, it shall inform the

his request within thirty days of the measures implemented.



section 58a



(1) in the performance of the scope of the section discussing the offenses used by

the administrative authorities referred to in article 52 of the basic population register these

reference data:



and) surname,



(b) the name or names),



(c) the address of the place of stay)



(d)) of the date, place and County of birth, for the data subject, who was born in

abroad, the date, place and the State where he was born,



(e)) of the date, place and County of death, in the case of the death of the data subject outside the territory

The United States, date of death, place and the State on whose territory the death

has occurred; If it is issued the Court's decision on the Declaration of death, day,

that is the decision, listed as the day of death, where appropriate, as the day on which

did not survive, and the date of the legal force of this decision,



f) nationality, or more of State citizenship.



(2) in the performance of the scope of the section discussing the offenses used by

the administrative authorities referred to in section 52 of the information system of population register

the following information:



and the name or names), surname, maiden name,



(b)) date of birth,



c) gender,



d) place and County of birth, in the case of birth abroad instead of and the State



(e)), social security number,



f) nationality, or more of State citizenship,



g) address of residence, including previous address space

permanent residence, where appropriate, the address to which they are to be delivered

documents under a special legal regulation,



h) origin of the residence, where appropriate, the cancellation date data on the place of

permanent residence or the date of their permanent residence in the territory of the United

Republic,



I) limitation of incapacitation, the name or names, last name and social security number

the guardian, has been assigned, the date, place and County of birth

and the guardian, who was born in a foreign country, the place and the State where the

He was born,



j) the name or name, last name and social security number of the father, mother,

or another legal representative) date, place and County of death;

in the case of the death of a citizen outside the United States, date of death, place and

State on whose territory the death occurred,



l) day, who was in the Court decision on the Declaration of death listed

as the day of death, or as a day that did not survive,



m) the prohibition of stay, place of residence and the prohibition on its duration.



(3) in the performance of the scope of the section discussing the offenses used by

the administrative authorities referred to in section 52 of the information system to foreigners those

details:



and) the name or name, last name,



(b)) date of birth,



(c) the social security number),



d) gender,



(e)) instead, and the State where the alien was born; in the case that the alien

He was born on the territory of the United States, place and County of birth,



f) nationality, or more of State citizenship,



(g)) the type and address of the place of residence on the territory of the Czech Republic,



(h) the beginning of the stay, if applicable) date of the termination of the stay,



I) limitation of incapacitation,



j) the name or names, the surname of the father, mother or any other

the legal representative,



k) date, place and County of death; in the case of deaths outside the United

the Republic, the State on whose territory the death occurred, or the date of death,



l) day, who was in the Court decision on the Declaration of death listed

as the day of death, or as a day that did not survive,



m) the prohibition of stay, place of residence and the prohibition on its duration.



(4) the administrative authority referred to in § 52 uses in the performance of the scope of the

consideration of violations of the basic registry of legal persons,

self-employed individuals and public authorities, in addition to the public

accessible data in the range of reference data



and) the name or names, and surname of the entrepreneurial natural persons or

foreign persons,



(b) the address of the place of stay) in the Czech Republic, where appropriate, the place of residence in the

Foreign entrepreneurial natural persons or foreign persons.



(5) the data referred to in paragraphs 1 to 4 may be applied in a particular case always

only such data which are necessary for the performance of the task. Data,

that are kept as reference data in the base the population register

or basic registry of legal persons, natural persons-entrepreneurs

and public authorities, shall be used from the information system records

the population of foreigners, or an information system only if they are in the shape of

the previous status quo.



§ 59



State authorities and police authorities shall, without undue delay on the

the request of the administrative authority acts needed to scan the notice of

provincial offences Act, to deal with offences and enforcement. State

authority or the authority of the police request shall immediately return, if not to perform the

the required operations.



section 60



Submission of explanation



(1) everyone is obliged to submit to administrative authorities the necessary explanation to

the screening of incoming notices; submission of explanation may be

denied, if such persons or their relatives (§ 68

paragraph. 4) danger of penalties for the offence or crime

Act or would have violated State or professional secret or the law

explicitly saved or recognized obligation of secrecy.



(2) a person who fails to appear without serious reasons for the challenge to the administrative

authority to submit an explanation pursuant to paragraph 1, or a person who unjustifiably

submission of explanation for refusing, the administrative authority shall impose a fine on

up to 5000 CZK.



(3) the penalty imposed by the authority of the municipality of Riot is income of this village.

Won a fine imposed by another administrative authority of the United States is

income of the State budget of the Czech Republic.



§ 61



cancelled



§ 62



cancelled



§ 63



cancelled



§ 64



cancelled



§ 65



cancelled



§ 66



Postponing things



(1) the administrative authority shall, without proceeding, the case is postponed, if a person

suspected of an offence



and) shall enjoy privileges and immunities in accordance with the law or international law,

unless the person referred to in § 9 para. 3,



(b)) at the time of offence is not the 15th year of his age

She suffered from a mental disorder, for which she could not recognize that their actions

violates or threatens the interest protected by law, or to control your


the negotiations,



(c)), died before the proceedings.



(2) an administrative authority may adjourn, if sanctions, which can be

offence save, is meaningless next to the punishment which has been or will be

as expected, the person suspected of the offence is saved for another performance in

criminal proceedings.



(3) the administrative authority shall postpone the case, if the



and received the notice) (section 67 (2)) does not justify the initiation of an

offence or a transfer under section 71,



(b)) on the deed is held, prosecution or proceedings by another competent

administrative authority,



(c)) on the deed has already been finally decided by the administrative authority or

body active in criminal proceedings or in block management,



(d)) on the deed has already been held in disciplinary proceedings and stored

measures shall be considered sufficient,



(e) a misdemeanour) responsibility for the lapse, the



(f)) was not filed for initiation of offence, if it is a

the offense, which can be discussed only in the proposal (article 68, paragraphs 1 to 3)



g) does not detect within sixty days from the date of the offense he learned

the facts justifying the initiation of proceedings against a person.



(4) the decision to postpone the matter shall not be issued. On the postponement of the matter shall be informed

only damaged.



Initiation of proceedings



§ 67



(1) Offences are heard ex officio, if it's not about

offenses that are discussed only in the proposal (article 68 (1)).



(2) the basis for the initiation of an offence notification is the State

authority, the authority of the police or of the village, as well as a legal person or a citizen of the

offence, the observation of the activities of the administrative organ or the assignment

stuff body active in criminal proceedings.



(3) if the administrative authority suspends or thing finds the reason for

referral to another authority, initiates the offense without delay,

not later than sixty days.



(4) if so requested by the notifier, it shall notify it to the governing body within thirty

days from the notification of the measures taken.



§ 68



(1) Offences pursuant to § 49 paragraph 1. 1 (b). (b)), and (d)) and the offences under section 21A.125c

paragraph. 1 (b). h) of the Act on road traffic and § 50 committed between

close persons, as well as offenses according to § 49 paragraph 1. 1 (b). and)

just heard on a proposal from the person affected, its legal representative

or guardian (hereinafter referred to as "the applicant").

_________________



*) Note. ASPI: the complete version of no 124/1993 Coll. is mentioned in paragraph 1

reference to § 49 paragraph 1. 1 letter c) instead of letters (d)):



"(1) the Offences referred to in § 49 paragraph 1. 1 (b). (b)), and (c)) and misdemeanors ... "-

comment see ASPI LIT36806CZ ID

_________________



(2) for the infraction, which can be discussed only on the design, can be used to submit a proposal

to the competent authority no later than three months from the day on which the

the claimant became aware of the offence or of the transfer of the case law

in criminal proceedings. In the proposal, must be stated who is affected by a person

whom the petitioner indicates for the offender and where, when and how should

be the offense committed.



(3) if in proceedings for an offence under § 49 paragraph 1. 1 (b). (b)), and (d)) or

the offence under section 50 initiated the proposal made it clear that the Act was not committed

between the parties, the proceedings ex officio.

_________________



*) Note. ASPI: the complete version of no 124/1993 is given in paragraph 3

reference to § 49 paragraph 1. 1 letter c) instead of letters (d)):



"(3) if in proceedings for an offence under § 49 paragraph 1. 1 (b). (b)), and (c))

or offence "-a comment see ASPI LIT36806CZ ID

_________________



(4) person means a relative in the tribe live, the adoptive parent,

osvojenec, sibling and spouse, partner ^ 16); the other person in the relationship

family or similar are deemed to be the person each other only in

If the injury sustained by one of them, the second law of felt

as the damage of its own.



§ 69



cancelled



section 70



Liquidated damages



(1) if the person to whom the offence caused by the damage to property,

be entitled to compensation in the proceedings for the offence, or with the authority of the police in

criminal proceedings, unless the matter has been referred to the administrative authority to

discussion and not a delict, which will discuss the proposal (only

"the injured party"), the administrative authority which operates the offense, to discuss

ensure that the damage has been voluntarily replaced.



(2) if the damage and the amount has been reliably detected and damage was not

voluntarily replaced, saves the administrative authority of the perpetrators of the offence the obligation to

to replace it; otherwise, it will refer the victim with his claim for damages

to a court or other competent authority.



(3) if the injured party dies, the administrative authority decides on compensation.



§ 71



Referral to the



The administrative authority shall refer the matter



and to the Prosecutor or authorities) of the police, where revision of the fact

that it is a criminal offence,



(b) the authority competent under the special) prescription ^ 3) to discuss the deed

the persons referred to in section 10, paragraph 1. 1,



(c) to the competent administrative authority) to discuss the offence, which is another

the administrative tort than offence,



(d)) the authority competent under special legislation for consideration

the offense the person referred to in § 9 para. 3 in the disciplinary proceedings ^ 2a) if

This person asked for such a discussion.



§ 72



Parties to the proceedings



In proceedings for the offence proceedings



and the accused of an offence,)



b) damaged, with regard to the discussion of compensation for property damage

caused by the offence,



(c)) the owner of the things that can be taken, or has been taken up by, in part,

proceedings relating to preventing things



(d)), the rapporteur, in whose proceedings have been initiated for the design of the offense under section

paragraph 68. 1.



section 73



The accused of the offence



(1) a citizen is accused of a misdemeanor, as soon as the administrative authority against the

to him, the first procedural act. On such citizen is treated as if it were

not guilty if his fault was not made a final decision.



(2) the accused of an offence has the right to express his views on all the facts,

that blame to him, and to evidence about them, apply the fact

and suggest the evidence in his defence, submit proposals and provisions

resources. To give evidence or confession must not be compelled.



§ 74



Oral proceedings



(1) the offence takes place in first-instance administrative authority of the oral proceedings. In

absence of the accused of an offence can be case only

If he refuses, although he was duly summoned to attend to the discussion or

no apology or without due cause.



(2) if the accused of an offence shall inform the administrative authority's young, about

nařízeném hearing whether or not the legal representative of the juvenile and the authority

performing socio-legal protection of children; they are also the decision on the

infraction Announces.



§ 75



Issue and withdrawal of things



(1) who has a thing important to determine the actual state of things,

or thing that may be declared abandoned or occupied by, the

obliged to challenge the administrative authority to release it; If it does, can he

matter on the basis of a decision of an administrative authority to withdraw. The appeal against the

This decision does not have suspensory effect.



(2) if issued or withdrawn thing declared has lapsed or

occupied by, must be returned without undue delay, to whom no doubt

include; otherwise, the person who issued it or who was withdrawn.



§ 76



Termination of the proceeding



(1) the administrative authority proceedings for the offence be suspended if it

It finds that the



and) deed, which leads to the proceedings, it does not become or is not an offence,



(b) the accused did not commit the deed) of the offense,



c) committing the deed, which leads to the proceedings, was not accused of

the offence proved,



d) accused of misdemeanor shall enjoy the privileges of immunity under international law

or the law, unless the person referred to in § 9 para. 3,



e) accused of the offense at the time of committing an offence under the fifteenth

year of his age, he suffered from a mental disorder, for which could not recognize

that Act infringes or threatens the interest protected by law, or

control your actions,



(f) a misdemeanour) responsibility for the lapse, the



(g)) of the deed has already been finally decided by the administrative authority or

law enforcement authority,



(h)) for the offense, the block was imposed a fine,



ch) about the deed has already been held in disciplinary proceedings and decisions

shall be deemed sufficient,



I) accused of the infraction or the applicant has died,



(j)), the rapporteur took his petition to the back or, though

properly and duly summoned to oral proceedings without an appropriate apology or without

an important reason,



to control on the application) pursuant to § 68 para. 1 the proposal was filed out of time,



l) in proceedings on an application pursuant to § 68 para. 1 the application is submitted by a person who

was not entitled to file an application,



m) in the proceedings ex officio, it became clear that this is a misdemeanor that can be

discuss the proposal only under § 68 para. 1,



n) in proceedings for an offence libel settlement has occurred,



about) case was referred to under section 71 after the initiation of the proceeding.



(2) the administrative authority may stop proceedings for the offence, if the sanctions

You can save for the offense, it is insignificant next to the sentence that has been

or it will be saved as expected the accused of an offence under any other act in the

criminal proceedings.



(3) the administrative authority stops proceedings pursuant to paragraph 1. a), b), c), (j))

and k) in case. In other cases, the termination of the proceeding with the

the resolution notes to the file only and participants are notified about it.




§ 77



Operative part of the decision



Operative part of the decision about the offence, which is accused of an offence recognised

guilty, must also contain a description of the deed with indication of place and time

committing, pronouncing guilt, fault, the type and form of assessment of penalties

where appropriate, the decision concerning the waiving of penalties (article 11 (3)),

deduction of the period to the time of the disqualification (art. 14 (2)), imposing a

the protective measures (para. 16), the right to compensation (article 70 para. 2) and

on costs (section 79 (1)).



§ 78



Settlement



For a misdemeanor libel is the administrative body of the injured and try to

the accused of the offence.



§ 79



To pay the costs



(1) a citizen who was convicted of the offence, as well as the applicant,

If the proceedings initiated on his proposal stopped pursuant to § 76 para. 1

(a). a), b), c), or j), with the obligation to reimburse the State saves costs

associated with cases of the offence. The costs are to be paid a flat-rate

the amount, which is determined by the Ministry of Interior of the Czech Republic in agreement with the

the Ministry of Finance of the Czech Republic special legislation.



(2) the obligation to pay the costs cannot be saved in the control block (§

84) neither were imposed (section 87).



(3) for reasons of particular interest from the obligation of

pay the costs referred to in paragraph 1, waive wholly or in part.



(4) pay the costs of the municipality, whose revenue authority decided on

the offence in the first degree. Pay the costs of the infraction, which

He led other administration of the Czech Republic, the State budget revenue

This Republic.



§ 80



Delivery



The decision about the offence cannot be delivered to a public decree.



Appeal



§ 81



(1) the offence against the decision may be appealed to the full extent only

the accused of the offence and, in the case of a young person in his favor, and his

the legal representative and the authority responsible for social and legal protection of children.



(2) the injured party may appeal only in case of damages.



(3) the owner of a seized thing may appeal only against the part of the

the decision, in which it is pronounced prevents things.



(4) for the offences, which can be discussed only at the design, the applicant may

appeal only against the part of the decision that relates to the voicing of guilt

the accused of the offence or of the obligation of the applicant to pay the costs

the proceedings; You may also appeal against a decision terminating the proceedings (§ 76

paragraph. 3).



(5) in a timely manner, filed an appeal against the decision on the offence shall have suspensive

effect that can not be ruled out.



§ 82



In appeal proceedings the administrative authority cannot change the penalty in the

against a person accused of an offence.



section 83



Review of the decision of the Court of the offence



(1) If a party who has filed a proposal to review the decision of the

a misdemeanor Court to postpone the execution of a decision, ^ 17) authority

the request is accepted.



(2) when reviewing a decision on offense by a court shall act in accordance

special prescription. ^ 18)



Block management



§ 84



(1) the offense can discuss fine in block management, if

It is reliably detected, negotiation and accused of an offence is

willing to fine (section 13 (2)) to pay.



(2) against the imposition of a fine in block procedure cannot be appealed.



(3) a fine in block management are entitled to impose and collect administrative

the authorities in whose jurisdiction the hearing of offences and persons

the authorities designated and subdelegation of this or any other Act.



(4) in block management cannot discuss the offenses that can be discussed

just a suggestion.



§ 85



(1) blocks to the imposition of fines (hereinafter referred to as "penalty") issued

the Ministry of Finance of the Czech Republic.



(2) the bodies authorized to impose and collect fines in block management

remove the penalty blocks from the competent Customs Office, if the revenue from the

the fines into the appropriate State budget or the budget allocated to

under a special legal regulation, and ^ 3a) from the respective regional

the authority, if the proceeds of the fines in its budget or to the budget of the municipality.



(3) if the perpetrator of the offence is unable to pay the fine on the spot, he shall issue to the

ticket in place unpaid with lessons about how to pay

of the fine, of the deadline within which and of the consequences of non-payment of the fine.

The takeover of this block the offender commits the offence.



(4) the authorized person shall be required to prove that they are entitled to store and

fines in block management. The penalty blocks indicate to whom,

When and for what offense has been fine in block procedure.



(5) the review procedure, which will be reviewed a decision imposing

the fine in block management, can be initiated no later than 6 months after the legal

the power of this decision.



(6) the initiative for the implementation of the review procedure, submitted after the expiry of

referred to in paragraph 5 shall deal with the administrative authority which decided to save

the fine in block management. The fact that the review proceeding cannot be

to start, the administrative authority shall inform the party only in the case that the

notification requested, within 30 days from the date of the complaint received.



§ 86



In block management can discuss



and) police, with the exception of the military police, whether or not the offences against

safety and traffic flow according to the law on road

the operation, against the State administration pursuant to § 23 para. 1 (b). and)

f), (g)), i), (j)), § 24 para. 1 (b). (b)), § 30 paragraph 2. 1, § 42 para. 1, § 44

and § 44a, as well as under section 46, if they occurred in the field of public administration in

their scope or the protection against alcoholism and other

Addictions, offences against public order, pursuant to section 47 (a). (b)) to

(d)), and (g)) and 48, offences against civil coexistence according to § 49 and misdemeanors

against property under section 50,



(b) the authorities of the State professional supervision) over the safety violations

against the State administration pursuant to § 21 para. 1 (b). (b)), d) and (f)), §

30 paragraph 2. 1 (b). g), (h)), and i) and section 46, if they have been violated by the Special

legislation on safety at work, committed to one of these

the offences in the worker organization or businessman in their premises, or

in their workplaces,



(c)) public health authorities offences in the field of health care

According to § 29 para. 1 (b). and), in the case of e.g. a compulsory

examination or treatment of infectious diseases, § 29 para. 1 (b). (b)), (c)),

(d)), if it is a forgery or intentional unauthorized altering health

licence, section 29 para. 1 (b). (e)), in the case of breach of the obligation in

handling of dangerous chemical substances and preparations, § 29 para. 1

(a). (f)), h) to (j)), n) and o),



d) municipal police infractions



1. which is in the competence of the community,



2. under the law on road traffic committed illegal garage or

by stopping vehicles on a road, the entrance to the places where it is

local or temporary modification road safety

prohibited, violation of rules about speeding,

violation of the rules of driving on animals, the leadership and the pursuit of animals on land

communication, movement of pedestrians on the road contrary to the rules of the

traffic on the road, illegal use of skis,

roller skates and similar devices on the sidewalk and the illegal

the leadership of the bicycle or ride on it in conflict with the rules of operation

on the road, and violation of the rules of the road

communications to non-motorised vehicles, other drivers



3. in the field of protection against alcoholism and other addictions, according to § 30

paragraph. 1 (b). and), c), (g))) to (i), l) to (p)),



4. of unauthorized parking vehicles on the local road, or

the section that you can use in accordance with regulation of the village to the standing room only for the price

in accordance with the agreed pricing provisions and subject to conditions

established by this regulation,



5. in the field of taxis under the law on road transport.



§ 87



Agency management



(1) if there is no doubt that the accused of an offence is an offence

committed and if the matter has not been dealt with in the block, the administrative control authority

without further proceedings, make an order imposing a censure or fines (section 13

paragraph. 2).



(2) an order may be issued, if the accused of an offence is deprived of the

the eligibility of legal capacity or his competence to perform legal acts is

limited.



(3) the Statement has the same requirements as the decision on the offense. Announces

always in writing.



(4) the accused of an offence may bring against the order, within 15 days from the date of

his delivery of the resistance of the administrative authority that issued the order. In a timely

a statement of opposition with the command and administrative authority continues in the proceedings.

The accused of the offence could not save another kind of sanctions, with the exception of

exhortation, or a higher assessment than sanctions were listed in the order.



(5) an order, against which there was no timely submitted, has effects

a final decision.



(6) in proceedings cannot discuss the offenses that can be discussed

just a suggestion, or a claim for damages.



§ 88



cancelled



section 88a



paid



PART FOUR



Common, transitional and final provisions



§ 89



The central body of State administration in cases of infractions is the Central

authority of the State administration of the Czech Republic, in whose territory it belongs to section

the State administration, on which there has been a breach of the obligation constituting the


the offense. If you cannot follow these steps to designate a central authority of State administration, is by

the Ministry of Interior of the Czech Republic in the cases to which the

the competent municipality.



§ 90



Amnesty in cases of infractions, which belong to the scope of the

the authorities of the Czech Republic, awarded the Czech Government resolution,

shall be published in the statute book.



§ 91



cancelled



§ 91a



paid



§ 92



(1) the abandonment of the performance of the rest of the disqualification pursuant to § 14 para. 3 and

the prohibition of residence pursuant to § 15a paragraph 1. 4 it shall act on a proposal from the person to whom it was

This sanction is imposed, the administrative authority which it has addressed the offense in the first

the degree. To submit a proposal for a juvenile can also his legal representative, or

the authority responsible for social and legal protection of children.



(2) the decision on the proposal referred to in paragraph 1 cannot be appealed; a proposal from the

cannot be filed again.



§ 93



Compliance with imposed safeguard measures referred to in paragraph 16 (a). and) checks

the administrative authority which it imposed in the first instance.



§ 94



The administrative authority of its final decision about the offence be cancelled, if it finds

that a person who has been convicted of an offence, was for the same deed

court sentencing or exempted from prosecution. That person has

entitled to a refund of the amount you paid to pay the fine and to refund

costs of the proceedings.



§ 95



The provisions on costs shall not apply to proceedings for the offence

initiated prior to the commencement of this Act.



§ 95a



For the regional office, the offices of the boroughs

the city of Prague, the Municipal Office of municipalities with expanded authority or municipal

the authority under this Act are performance by.



§ 96



The municipality, the district offices and the County always provide each year to 31. January

details of the offences, according to the local authorities in their

administrative districts for the past calendar year to process

The Ministry of Interior.



§ 97



Shall be deleted:



1. Act No. 60/1961 Coll., on the tasks of the national committees in ensuring

the Socialist order, as amended by regulations to supplementary and

amending,



2. Decree No. 61/1961 Coll., on block control, as amended by the regulations it

supplementary and amending,



3. Act No. 126/1968 Coll., on certain transitional measures to consolidate the

public policy,



4. the provisions of paragraphs 49 to 51 of the Czech National Council Act No. 127/1981 Coll. on

internal trade,



5. the legal measures of the Bureau of the Czech National Council No. 10/1990 Coll., on

granting amnesty in cases of infractions, which belongs to the

scope of bodies of the Czech Socialist Republic.



§ 98



This Act shall take effect on 1 January 2000. July 1990.



Šafařík v.r.



Pithart v.r.



Selected provisions of the novel



Article II of Act No. 62/2002 Sb.



Transitional provisions



1. the procedure for the offence instituted before the date of entry into force of this

Act shall be completed according to the existing legislation.



2. the period after which the offence could not be discussed for violations

committed to the date of entry into force of this law, governed by existing

the legislation.



Article IV of Act No. 77/2002 Coll.



Transitional provision



The hearing, which is about the infraction committed members or

the Senators before the date of entry into force of this Act, shall consider, according to

the existing legislation.



Article. In Act No. 259/2002 Sb.



Transitional provision



Notifications made prior to the effective date of this Act shall be construed as

notifications made pursuant to this Act. To the notice given by the

the existing legislation, which shall be reported to the Assembly, which

to be done after a period of 6 months from the date of entry into force of this

the law shall be disregarded.



Article IV of Act No. 274/2008 Sb.



Transitional provision



Violations, which in the first instance Police departments have started

The United States in the districts, the Regional Police Directorate completes the United

Republic, in whose territorial scope of the departments of the police of the Czech Republic in

carry out districts of the State administration on the date of entry into force of this

the law.



Article. (III) Act No. 237/2009 Sb.



TRANSITIONAL PROVISIONS



1. the procedure for offences or other administrative offences in the area of

fisheries pursuant to Act No. 99/2004 Coll., or Act No. 200/1990 Coll., on

the version in force until the date of entry into force of this law, which has not been

finally completed before the date of entry into force of this Act,

completes in accordance with the existing legislation.



2. The proceeds of the fines imposed on the fishing of the guard or the delegated region

scope of Act No 99/2004 Coll., in the version in force before the date of application

the effectiveness of this law, the income of the relevant region.



Article. (II) Law No 204/2015 Sb.



paid



1) § 1 (1). 3 of Act No. 37/1989 Coll., on protection from alcoholism and

other addictions.



2) Act No. 123/1992 Coll., on stay of foreigners on the territory of the Czech and Slovak

Federal Republic.



2A) Act No. 90/1995 Coll., on rules of procedure of the Chamber of Deputies, as amended by

amended.



Act No. 106/1999 Coll., on the rules of procedure of the Senate.



2B) Act No. 7/2002 Coll., on proceedings in cases of judges and prosecutors.



3) Eg. Act No. 76/1959 Coll., on certain service conditions of soldiers,

as amended (full text of the No 361/1992 Coll.), the law of the CZECH NATIONAL COUNCIL

No. 186/1992 Coll., on the police of the Czech prison service members

Republic, as amended.



for example, section 3A) 2 (2). 1 (b). g) of law No 388/1991 Coll., section 88a of the law

No. 114/1992 Coll., section 34e of paragraph 1. 6 of the Act No 100/2004 Sb.



3 c) Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

as amended.



3E) Council Regulation (EEC) No 3821/85 on recording equipment in road

transport, as amended.



3j) § 8 para. 5 of law No 273/2001 Coll., on water supplies and sewerage Act for

public use and on amendments to certain acts (the Act on water supply and

sewerage networks).



3 k) Act No. 276/2001 Coll.



4) section 13a of the commercial code.



5) section 27 to 38 l of the commercial code.



6) § 8 to 11 of the commercial code.



9) section 8 of Act No 164/2001 Coll., on the natural medicinal resources, resources

natural mineral water, natural healing baths and Spa

places and amending certain related laws (the Spa Act).



10) § 16 para. 3 of the law No 379/2005 Coll., on measures to protect against

harm caused by tobacco, alcohol and other addictive

substances and amending related laws.



12) § 5 para. 6 of law No. 216/2002 Coll., on the protection of the State borders of the Czech

Republic and amending some laws (law on the protection of national borders).



13) Act No. 71/1967 Coll., on administrative proceedings (administrative code).



14) section 2 of Decree No. 345/2000 Coll., on the verification of special professional

eligibility employees of municipalities, counties, the city of Prague, city

parts of the capital city of Prague and the district authorities, the people standing at the head of

the special bodies established on the basis of special legislation and the Presidents of the

the Commission, which was entrusted with the performance of the delegated scope, (Decree on the

special professional competence), as amended by Decree No 427/2000 Sb.



15) § 7 para. 1 of the administrative code.



16) Act No. 115/2006 Coll., on registered partnership and amending

some related laws.



17) § 75 of the administrative code.



18) section 244 to 250 k code of civil procedure.



19) Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and

amending certain laws, as amended.



Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

Police of the Czech Republic, as amended, (asylum Act),

in the wording of later regulations.