Act No. 114 / 2020 Coll.
Act amending Act No. 40 / 2009 Coll., Penal Code, as amended, and some other laws
Valid
Law
Effective from 01.06.2020
114
THE LAW
of 3 March 2020
amending Act No. 40 / 2009 Coll., Penal Code, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Penal Code
Act No. 40 / 2009 Coll., Criminal Code, as amended by Act No. 306 / 2009 Coll., Act No. 181 / 2011 Coll., Act No. 330 / 2011 Coll., Act No. 357 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 55 / 2012 Coll., Act No. 193 / 2012 Coll., Act No. 360 / 2012 Coll., Act No. 47 / 2012 Coll., Act No. 150 / 2016 Coll., Act No. 163 / 2016 Coll., Act No. 141 / 2012 Coll., Act No. 86 / 2015 Coll.
1. in Paragraph 52 (1), the following point (h) is inserted after point (g):
"(h) the prohibition on the holding and rearing of animals,"
Points (h) to (l) shall be renumbered as points (i) to (m).
2. In Paragraph 53 (2), the words "a ban on the holding and rearing of animals' shall be inserted after the words" a penalty '.
3. After Paragraph 74, the following Sections 74a and 74b are inserted:
Prohibition of holding and rearing animals
(1) The Court of First Instance may impose a ban on the holding and rearing of animals for up to 10 years if the offender has committed a criminal offence relating to the holding, breeding or care of the animal.
(2) The sentence to prohibit the holding and rearing of animals as a separate sentence may be imposed by the court only if, in view of the nature and gravity of the offence committed and the person and proportion of the offender, the imposition of another penalty is not necessary.
(3) The sentence to prohibit the holding and rearing of animals is to prohibit the possession, breeding and care of the animal for the duration of the sentence.
Enforcement of the ban on holding and rearing of animals
(1) The period of imprisonment shall not be counted until the sentence of prohibition on the holding and rearing of animals has been enforced; However, the period for which the offender was not allowed to hold, maintain or maintain or take care of animals subject to the prohibition, on the basis of a decision or measure by a public authority, before the legal authority of the judgment.
(2) If the sentence of prohibition on the holding and rearing of animals has been enforced, the offender shall be regarded as not being convicted. "
4. In Part One, Title Five, of Section 7 and Section 90, the words "ban on the holding and rearing of animals," shall be inserted after the words "activities."
5. in Article 90 (1) and (2) and in Article 91 (1) to (3) and (5), the words "the ban on the holding and rearing of animals," shall be inserted after the words "activities,";
6. In Article 94 (3), the words "a ban on the holding and rearing of animals' shall be inserted after the words" activities'.
7. Paragraph 302, including the title, reads:
Animal abuse
(1) Whoever tortures an animal in a rough or torturous manner will be punished by deprivation of liberty for six months to three years, by banning activity or by failing.
(2) Withdrawal of liberty for one year to five years or prohibition of action will punish the perpetrator,
(a) if such an act is committed publicly or in a place accessible to the public;
(b) commit such an act as a member of an organised group; or
(c) if such an act continues for a longer period.
(3) By withdrawing liberty for two to six years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 is committed on a larger number of animals,
(b) if such an act of abuse causes lasting effects on health or death,
(c) if the act referred to in paragraph 1 has been committed in a particularly rough or agonising manner; or
(d) if they commit such an act again. ";
8. After Section 302, the following Section 302a is inserted:
Animal husbandry under inappropriate conditions
(1) Those who keep more animals in inappropriate conditions and thereby endanger their lives or cause them significant suffering will be punished by deprivation of liberty for up to one year or by a ban on activity.
(2) Those who keep animals in inappropriate conditions for the purpose of trade or who prey on such breeding and thereby threaten their lives or cause them significant suffering will be punished by deprivation of liberty for six months to four years or by a ban on activity.
(3) By withdrawing liberty for two years to eight years, the perpetrator will be punished,
(a) if the act referred to in paragraph 2 intends to benefit itself or for any other significant benefit,
(b) if the act referred to in paragraph 1 or 2 causes permanent consequences or death of the animal; or
(c) commit such an act as a member of an organised group.
(4) By withdrawing liberty for five to ten years, the perpetrator will be punished,
(a) if the act referred to in paragraph 2 intends to obtain for itself or for any other benefit a large extent;
(b) if the act referred to in paragraph 1 or 2 gives permanent consequences or death to a greater number of animals; or
(c) if such an act is committed in conjunction with an organised group operating in several States. ';
9. in Article 337 (1), the following point (f) is inserted after point (e):
"(f) holding or rearing an animal subject to a ban on the holding and rearing of animals, or committing any other serious act to thwart the purpose of the sentence;"
Points (f) to (j) shall be renumbered as points (g) to (k).
Amendment to the Code of Criminal Procedure
Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, No 2006, No 2006 / 2006, Act No. 5, No. 5, Act No. 5, No. 5, No 5, No. 5, No. 5, No. 5, No 5, No. 5, No 5
1. in Article 314e (2), the following point (e) is inserted after point (d):
"(e) the sentence to prohibit the holding and rearing of animals,"
Points (e) to (i) shall be renumbered as points (f) to (j).
2. The following Sections 350aa and 350ab are inserted after Section 350a, which include the headings:
Enforcement of the ban on holding and rearing of animals
(1) The President of the Chamber shall, immediately after the legal power of the judgment imposing a prohibition on the holding and rearing of animals on the defendant, decide to set aside the period during which, on the basis of a decision or measure taken by a public authority sentenced before the legal authority of the judgment, the holding or keeping of animals subject to the prohibition or care of the animals, until the sentence imposed has been enforced. A complaint against this decision is admissible.
(2) The President of the Chamber may, on a proposal from the sentenced person, set a reasonable time limit to ensure the care of an animal which is kept, kept or cared for and which is subject to a ban on the holding and rearing of animals. That period may be renewed repeatedly by the President of the Chamber on a proposal from the sentenced. There is an admissible complaint against this decision which has suspensory effect.
(3) Paragraph 331 to 333 shall apply mutatis mutandis to the suspension proceedings for the execution of the remainder of the ban on the holding and rearing of animals, as well as to the procedure for the enforcement of the remainder of the sentence.
Control of the enforcement of the ban on holding and rearing of animals
(1) Once an enforceable decision has been taken to impose a ban on the holding and rearing of animals, the President of the Chamber shall send a copy of it to the regional veterinary authority in whose territory the sentenced person resides or, if the sentenced person does not have a permanent residence in which he resides or works. The President of the Chamber shall also send to the Regional Veterinary Administration a copy of the decision on the credit as provided for in Article 350aa (1), on the establishment of the period for the care of the animal and its extension as provided for in Article 350aa (2), and on the abandonment of the rest of the sentence of the ban on the holding and rearing of animals or on the order for the execution of the remainder of that sentence. Where the sentenced person in the course of or working in the course of his employment or profession cares for or works with animals which are the subject of a ban on the holding and rearing of animals, the President of the Chamber shall also inform the organisation with which he is accused in an employment or similar proportion.
(2) The Regional Veterinary Administration shall carry out random checks on dwellings, other premises and parcels owned or used by the sentenced or stalled; the sentenced is obliged to allow entry into dwellings and other premises and land for that purpose and to suffer the actions directly related to this inspection.
(3) If the sentenced does not comply with the ban on the holding and rearing of animals, the Regional Veterinary Administration shall immediately inform the Police of the Czech Republic. "
Amendment to the Act on criminal liability of legal persons
Act No. 418 / 2011 Coll., on the criminal liability and proceedings against legal persons, as amended by Act No. 105 / 2013 Coll., Act No. 141 / 2014 Coll., Act No. 86 / 2015 Coll., Act No. 375 / 2015 Coll., Act No. 135 / 2016 Coll., Act No. 183 / 2016 Coll., Act No. 455 / 2016 Coll., Act No. 55 / 2017 Coll. and Act No. 183 / 2017 Coll., is amended as follows:
1. in Article 15 (1), the following point (f) is inserted after point (e):
"(f) the prohibition on the holding and rearing of animals,"
Points (f) to (h) shall be renumbered as points (g) to (i).
2. After Paragraph 20, the following Section 20a is inserted:
Prohibition of holding and rearing animals
The court may penalise a legal person for up to 20 years from the prohibition on the holding and rearing of animals if the offence has been committed in connection with the holding, breeding or care of the animal. ';
3. in Article 24 (a) to (c), the words "ban on the holding and rearing of animals" shall be inserted after the words "activities,";
EFFECTIVE
This Law shall take effect on the first day of the third calendar month following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 114 / 2020 Coll., amending Act No. 40 / 2009 Coll., Criminal Code, as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.03.2020 |
|---|---|
| Effective from | 01.06.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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