455/2016 Sb.
LAW
of 30 March 2004. November 2016,
amending the Act No. 40/2009 Coll., the criminal code, as amended by
amended, and other related laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment to the criminal code
Article. (I)
Act No. 40/2009 Coll., the criminal code, as amended by Act No. 306/2009 Coll.,
Act No. 181/2007 Coll., Act No. 330/2007 Coll., Act No. 357/2007 Coll.
Law No 375/2007 Coll., Act No 420/2007 Coll., Act No. 193/2009 Coll.,
Act No. 360/2012 Coll., Act No. 390/2009 Coll., Act No. 399/2012 Coll.
Act No. 494/2012 Coll., Act No. 105/2013 Coll., Act No. 241/Sb.
Constitutional Court declared under No 259/2013 Coll., Act No.
141/2014 Coll., Act No. 86/2015 Coll., Act No. 165/2015 Coll., Act No.
377/2015 Coll., Act No. 47/2016 Coll., Act No. 150/2016 Coll., Act No.
163/2016 Coll., Act No. 188/2016 Coll., Act No. 321/2016 Coll. and act
No 323/2016 Coll., is amended as follows:
1. In article 7 (2). 1, the text "(section 312)" the words ", participation in
a terrorist group (section 312a), the financing of terrorism (section 312d), support
and promotion of terrorism (§ 312e), threats of terrorist criminal
offence (section 312f) "and the words" participation of the organized criminal group
According to § 361 paragraph. 2, 3.0 "are deleted.
2. In paragraph 33, the text "(section 312)" the words ", the financing of terrorism
(section 312d), promotion and advertising of terrorism (§ 312e) ".
3. In section 35 (b). (b)), after the word "actions", the words "high treason (section
309) ".
4. § 54 para. 3, the text "section 311 paragraph 2. 3 "is replaced by the text" section 311 paragraph 2.
2. "
5. § 129 including title:
"§ 129
Organized criminal group
Organised crime group is a community of at least three criminal
responsible people with the internal organizational structure, with the allocation of functions
and Division of activity which is aimed at the systematic perpetration of deliberate
crime. ".
6. in section 129 is added to § 129a including title, which reads as follows:
"§ 129a
Terrorist group
(1) a terrorist group is a community of at least three criminal
the persons responsible, that has a more permanent character, it made
the Division of activities between its individual members, its activities are characterized by
plánovitostí and koordinovaností, and is aimed at the perpetration of a criminal offence
high treason committed by a terrorist attack or terror (Section 308),
the crime of terrorist attack (section 311) or a crime of terror
(section 312) (hereinafter referred to as "terrorist offence").
(2) the fulfillment of characters does not exclude the application of the provisions of a terrorist group
This and other laws of the organized group and organised crime
the Group; the provisions of § 361 and 363 shall apply. ".
7. In paragraph 173 of paragraph 1. 2 (a). (d)), § 175 paragraph. 3 (b). (b)), § 205 paragraph. 5
(a). (b)) § 206, para. 5 (b). (b)) § 207, para. 3 (b). (b)), section 209 paragraph. 5
(a). (b)), § 210 paragraph 2. 6 (a). (b)), section 211 para. 6 (a). (b)) and § 212 paragraph.
6 (a). (b)), the words "the offence of high treason (art. 309), terrorist
(section 311) attack or terror (section 312) "shall be replaced by" of a terrorist
the offence, the offence of financing of terrorism (section 312d) or
threats of terrorist offence (section 312f) ".
8. In section 311 paragraph 2. 1 letter f) is added:
"(f)) manufactures or otherwise obtains, holds, imports, exports, transports or
otherwise, supplies or used explosives, nuclear material, nuclear,
a biological, chemical or any other weapon, combat resource or
material of a similar nature, or performs research and development of nuclear,
a biological, chemical or other weapons or fighting or resource
the explosives, or ".
9. In article 311, paragraph 2 shall be deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
10. In section 311 paragraph 2. 2 (a). and) the words "or 2" shall be deleted.
11. in section 312, the following new section 312a-312f, including headings
shall be added:
"section 312a
Participation in a terrorist group
(1) who founds a terrorist group or terrorist activities who
participating in the group, shall be punished by imprisonment for three to twelve years,
In addition to this penalty, where applicable, also the forfeiture of property.
(2) imprisonment for five to fifteen years, or next to the
the sentence also forfeiture of property, the offender will be punished, if the offense commits a
referred to in paragraph 1
and as the leading factor or) representative of a terrorist group, or
(b)) as the founder or a member of a terrorist group, which constitutes
organised criminal groups.
(3) imprisonment for twelve to twenty years or next to the
the sentence also forfeiture of property, the offender will be punished, if the offense commits a
referred to in paragraph 1
and as the leading factor or) representative of the terrorist group, which
constitutes organised crime group, or
(b)) for the State of emergency or a State of war.
(4) the provisions of § 107 and 108 is the offender referred to in paragraphs
1 to 3, of course.
§ 312b
Special provisions on effective regret
Who commits an act referred to in § 312a, is not a criminal, he has made about the terrorist
Group notice to the Prosecutor or police authority at a time when
the danger resulting from the interest protected by law from another crime
a terrorist group than is given in section 312a, could still be
deleted. A soldier can make such a notification and your manager.
§ 312 c
The impunity of the agent
(1) a police officer performing tasks such as agent under other legislation
(hereinafter referred to as the "agent"), participating in the activities of a terrorist group,
It is not for the crime of participating in a terrorist group pursuant to section 312a
offence, if such an act committed in order to detect the offender
crime committed by members of a terrorist group, in conjunction with the
terrorist group or for the benefit of a terrorist group or
its perpetration.
(2) an Agent that participates in the activities of a terrorist group or a
the group supports, is not a criminal offence under section 158 of the brawl
paragraph. 1, trafficking in human beings (para. 168), the child into the power of another (section
169), violations of the House of freedom (para. 178), damage to foreign rights (§
181), violation of the secret message being transported (section 182), procuring (article
189), the spread of pornography (para. 191), manufacturing, and other dealings with child
pornography (§ 192), abuse of a child to produce pornography (para. 193),
theft (art. 205), embezzlement (section 206), unauthorized use of foreign matter (§
207), operation of the dishonest betting and gaming (§ 213) handling stolen goods (section 214),
the legalization of the proceeds of crime (para. 216), defeated in the insolvency
proceedings (article 226), infringement of the obligation to make truthful declaration of
assets (§ 227), damage to Foreign Affairs (§ 227), forgery and alteration
money (section 233), the unlawful measures, counterfeiting and alteration of the payment
resource (section 239), giving false and forged money (section 235),
the production and possession of padělatelského instruments (§ 236), unauthorized production of money
(section 237), infringements of the stickers and other objects to indicate
the goods (article 244), forgery and alteration of objects to identify items for
tax purposes and articles demonstrating the meeting fees (section
245), infringement of the prohibitions at the time of the emergency in the foreign exchange holdings
(section 247), business (§ 251), unauthorized operation
games of chance (section 255), providing benefits for award of the contract,
tender and auction (section 256), defeated in a public
of the contract and when the public competition (§ 257), defeated at public auction (section
258), violation of the rules on the circulation of goods in contact with foreign countries (section 261),
violations of the regulations on the control of exports of dual-use goods and technologies
(section 264), breach of duties on the export of goods and technologies of double
use (section 263), misrepresentation and failure to keep supporting documents in respect of the export of goods
and dual-use technologies (section 264), the execution of foreign trade with
military materials without permission or license (§ 265), violations of the
obligations in connection with the issuance of permits and licences for foreign
trade with military material (para. 266), misrepresentation and failure to keep
documents on foreign trade with military material (article 267),
damage and compromised service of general economic interest (article 276) devices,
illegal arming (section 277), the development, production and possession of prohibited
vehicles (section 280), illicit manufacturing and possession of radioactive
the substance and highly dangerous substances (section 281), illicit manufacture and possession of
nuclear material and special fissionable material (article 282), illicit
production and another dealing with narcotic drugs and psychotropic substances and Poisons
(§ 283), possession of narcotic drugs and psychotropic substances and poison (para. 284),
the illicit cultivation of plants containing narcotic or psychotropic
substance (article 285), manufacture and possession subject to the illicit manufacture of narcotic drugs and
psychotropic substances and poison (§ 286), manufacturing, and other waste substances
having a hormonal action (art. 288), waste management (section
298), unauthorized handling of protected wildlife and
Flora (section 302), the financing of terrorism (section 312d),
support and promotion of terrorism (§ 312e), threats of terrorist
criminal offence (section 312f) abuse of authority of a public official (section 329),
acceptance of a bribe (section 331), bribe (section 332), indirect bribery
under § 333 para. 2, organize and facilitate illegal crossing
the State border (article 340), facilitation of unauthorised residence on the territory
States (para. 341), forgery and alteration of public documents (§ 351),
malicious threat (§ 353), defamation of nation, race, ethnic or
another group (§ 355), incitement to hatred against a group of persons or to the
restriction of their rights and freedoms (section 356) or disorderly conduct (§ 355),
If such an act committed with the aim to uncover the perpetrators of crime
activities committed by members of a terrorist group, in conjunction with the
terrorist group or for the benefit of a terrorist group or
its perpetration.
(3) Beztrestným it is not the agent that the terrorist group was founded
or was, or the agent that is the leading factor, or
a representative of the terrorist group.
§ 312d
The financing of terrorism
(1) who himself or through another financially or materially
supports a terrorist group, a member of the group, a terrorist or an
a terrorist offence, the offence of support and promotion
terrorism (§ 312e) or threats of terrorist offence (section
312f) or collects funds or other things in the mind,
to be used in this way, shall be punished by imprisonment for three years
up to twelve years of age, or next to this sentence also forfeiture of property.
(2) imprisonment for five to fifteen years, or next to the
the sentence also forfeiture of property, the offender will be punished, if the offense commits a
referred to in paragraph 1
and as a member of an organized group),
(b)) for the State of emergency or a State of war, or
(c)) on a large scale.
§ 312e
Support and promotion of terrorism
(1) Whoever publicly incites to commit a terrorist offence,
or who publicly endorses terrorist offence committed or for
it publicly touted its perpetrators will be punished by imprisonment
to two years and ten years.
(2) imprisonment for three years to twelve years or next to the
the sentence also forfeiture of property will be punished,
and) who to commit a terrorist offence or a criminal offence
participation in a terrorist group (section 312a) strikes another,
(b)) who else will provide information or training relating to the manufacture or
the use of explosives, weapons, dangerous substances, or other similar
methods or techniques, for the purpose of committing a terrorist offence,
c) who receives information or acquire skills related to the production
or use of explosives, weapons, dangerous substances or other
similar methods or techniques, for the purpose of committing a terrorist
of the offence, or
(d)) who himself or through another for committing a terrorist
the offence shall provide or promise of reward or compensation or other
for another, or to reward or compensation organized by collection.
(3) as well as in paragraph 2 will be punished
and) a person who is a citizen of the United States, has traveled to another
the State, which is not a national or in which it does not have a permanent
residence, for the purpose of committing a terrorist offence, an offence
participation in a terrorist group (section 312a), threats of terrorist
criminal offence (section 312f) or of an offence referred to in paragraph 2
(a). (b)), or (c)), or
(b)) a person who is not a citizen of the United States, traveled from the United
Republic or travels across its territory to another State, which is not
is a national or in which he has a permanent residency, in order to
commit a terrorist offence, the offence of participation in
a terrorist group (section 312a), threats of terrorist crime
(section 312f) or an offence referred to in paragraph 2 (a). (b)), or (c)).
(4) imprisonment for five to fifteen years, or next to the
the sentence also forfeiture of property, the offender will be punished,
and if the offense commits a) referred to in paragraph 1 or 2 (a). (b)), or (d))
film, radio, television, a publicly accessible computer network, or
another similarly effective manner,
(b) if he commits the Act) referred to in paragraph 1, 2 or 3 as a member of an organized
the group,
(c) if the offence committed) referred to in paragraph 1, 2 or 3 under a State of emergency
or a State of war, or
(d) if the offence committed) referred to in paragraph 2 (a). a) or b) to the child.
section 312f
Threats of a terrorist offence
(1) who threatens to commit a terrorist offence, will be
punished by imprisonment for three years to twelve years or next to the
This sentence also the forfeiture of property.
(2) imprisonment for five to fifteen years, or next to the
the penalty of forfeiture of property, the offender will be punished, if the offense commits a
referred to in paragraph 1
and as a member of an organized group),
(b)) printing, film, radio, television, a publicly accessible computer
network or other similarly effective manner,
(c)), or
(d)) under the State of emergency or a State of war. ".
12. in section 348 paragraph. 3 (b). (b)), the words "the offence of high treason (section
309), a terrorist attack (section 311) or terror (section 312) "shall be replaced by
"a terrorist offence, the offence of participation in terrorist
the Group (section 312a), the financing of terrorism (section 312d), promotion and advertising
terrorism in accordance with § 312e para. 3 or threats of terrorist criminal
offence (section 312f) ".
13. in paragraph 361 paragraph. 2 the words "in relation to organised crime
the group designed or aimed to commit high treason (art. 309),
a terrorist attack (section 311) or terror (section 312) "shall be replaced by the words" as
the head of the official or representative of the organized criminal group ".
14. in paragraph 361, paragraph 3 shall be deleted.
Paragraph 4 becomes paragraph 3.
15. In paragraph 361 paragraph. 3, the words "up to 3" shall be replaced by the words "and 2".
16. In article 363 para. 1 the words "police officer performing tasks such as agent under the
another law (hereinafter referred to as "the agent") "shall be replaced by the word" Agent ",
the text "paragraph. 1, 2 "shall be deleted and the text at the end of the paragraph, the following
the words "or her committing to avoid".
17. in § 363 paragraph 2 reads as follows:
"(2) an Agent that participates in the activities of organized criminal groups
or as a member of an organized group or some such group
supports, not criminal offences provided for in § 312 c para. 2,
If such an act committed with the aim to uncover the perpetrators of crime
activities committed by members of organized groups, in conjunction with the
organised group or committed for the benefit of organized
a criminal group or its commit. ".
18. In paragraph 363 of the text at the end of paragraph 3, the words "or agent,
that is the head of the agent or representative of organised crime
the group ".
19. in section 366 para. 2 (a). and) and in section 367 of paragraph 1. 1 and 2, the text "(section 312)"
the words "participation in a terrorist group (section 312a), financing
terrorism (section 312d), promotion and advertising of terrorism (§ 312e), threats
a terrorist offence (section 312f) ".
20. In paragraph 367 of paragraph 1. 1, and in article 368 paragraph 2. 1 the words "participation in organized
the criminal group pursuant to § 361 paragraph. 2 and 3.0 ' are deleted.
21. in paragraph 368 paragraph 2. 1, the text "(section 312)" the words ", participation in
a terrorist group (section 312a), the financing of terrorism (section 312d), support
and promotion of terrorism (§ 312e) ".
PART TWO
Amendment to the criminal procedure code
Article II
Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
amended by Act No. 59/1965 Coll., Act No. 58/1969 Coll., Act No. 149/1969
Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980
Coll., Act No. 159/1989 Coll., Act No. 175/1990 Coll., Act No. 303/1990
Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993
Coll., Act No. 293/1993 Coll., Act No. 154/1994 Coll., constitutional
the Court declared under no. 214/1994 Coll., Constitutional Court
declared under the No. 8/1995 Coll., Act No. 152/1995 Coll., Act No.
150/1997 Coll., Act No. 209/1997 Coll., Act No. 148/1998 Coll., Act No.
166/1998 Coll., Act No. 191/1999 Coll., Act No. 29/2000 Coll., Act No.
30/2000 Coll., Act No. 227/2000 Coll., the Constitutional Court declared
under Act No. 77/2001 Coll., Act No. 143/2001 Coll., Act No. 265/2001 Coll.
Constitutional Court declared under no. 424/2001 Coll., Act No.
200/2002 Coll., Act No. 227/2002 Coll., Act No. 320/2002 Coll., Act No.
218/2003 Coll., Act No. 279/2003 Coll., Act No. 235/2004 Coll., Act No.
257/2004 Coll., Act No. 283/2004 Coll., Act No. 539/2004 Coll., Act No.
587/2004 Coll., Constitutional Court declared under no. 45/2005 Coll.
Constitutional Court declared under no 239/2005 Coll., Act No.
394/2005 Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll., Act No.
112/2006 Coll., Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No.
165/2006 Coll., Act No. 253/2006 Coll., Act No. 321/2006 Coll., Act No.
170/2007 Coll., Act No. 179/2007 Coll., Act No. 345/2007 Coll., the award
The Constitutional Court declared under no. 90/2008 Coll., Act No. 121/2008 Coll.,
Act No. 129/2008 Coll., Act No. 135/2008 Coll., Act No. 177/2008 Coll.,
Act No. 274/2008 Coll., Act No. 301/2008 Coll., Act No. 384/2008 Coll.,
Act No. 457/2008 Coll., Act No. 480/2008 Coll., Act No. 7/2009 Coll.,
Act No. 41/2009 Coll., Act No. 52/2009 Coll., Act No. 218/2009 Coll.,
Act No. 272/2009 Coll., Act No. 306/2009 Coll., Constitutional Court
declared under the No 163/2010 Coll., Act No. 197/2010 Coll., the award
The Constitutional Court declared under no 219/2010 Coll., Act No. 150/2011
Coll., Act No. 181/2007 Coll., Act No. 207/2007 Coll., Act No. 330/2011
Coll., Act No. 341/2011 Coll., Act No. 348/2007 Coll., Act No. 357/2011
Coll., Act No. 459/2011 Coll., Constitutional Court declared under no.
43/2009 Coll., Act No. 193/2009 Coll., Act No. 273/2009 Coll., Act No.
390/2009 Coll., Act No. 45/2013 Coll., Act No. 105/2013 Coll., Act No.
141/2014 Coll., Act No. 77/2015 Coll., Act No. 86/2015 Coll., Act No.
150/2016 Coll., Act No. 163/2016 Coll., Act No. 243/2016 Coll., Act No.
264/2016 Coll., Act No. 298/2016 Coll. and Act No. 301/2016 Coll., is amended
as follows:
1. in section 17(2). 1 to the beginning of the letter d), the words "participation in the
the terrorist group, terrorist financing, promotion and advertising
terrorism, threats of terrorist criminal act ".
2. In section 88 para. 9 and section 88a of paragraph 1. 3, after the words "(Section 361 of the criminal
Code), "the words" in proceedings concerning an offence of participation in
a terrorist group (section 312a criminal code) ".
PART THREE
Amendment of the Act on weapons
Article. (III)
In § 22 para. 1 (b). and) Act No. 119/2002 Coll. on firearms and
ammunition (Firearms Act), as amended by Act No. 537/2004 Coll., Act No.
484/2008 Coll. and Act No. 41/2009 Sb., after the word "attack"
the words "participation in a terrorist group, terrorist financing,
support and promote terrorism, threats of terrorist criminal
of the offence ".
PART FOUR
Amendment of the Act on the criminal liability of legal persons and proceedings against them
Article IV
In section 4, paragraph 4. 1 of Act No. 418/2007 Coll. on criminal liability
legal persons and proceedings against them, as amended by law no 183/2016 Coll.
After the words "(§ 312 of the Penal Code)," the words ", participation in
a terrorist group (section 312a Penal Code), the financing of terrorism
(section 312d of the Criminal Code), support, and promotion of terrorism (§ 312e
of the Criminal Code), threats of terrorist offence (section 312f
of the Criminal Code) "and the words" participation of the organized criminal group
According to § 361 paragraph. 2 or 3 of the Penal Code, "shall be deleted.
PART FIVE
The EFFECTIVENESS of the
Article. In
This Act shall take effect on the first day of the second calendar month
following the date of its publication.
Hamáček in r.
Zeman in r.
Sobotka in r.
