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.