Full text of Act No. 124 / 1993 Coll.
Act of the Czech National Council on Infringements (full text as seen from later amendments and additions)
Valid
Contents
§ 1
ČÁST PRVNÍ
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
ČÁST DRUHÁ
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
ČÁST TŘETÍ
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
ČÁST ČTVRTÁ
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
„Čl. IV
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124
_
Announces
complete version of the Act of the Czech National Council No. 200 / 1990 Coll., on infractions, with amendments and additions implemented by the Act of the Czech National Council No. 337 / 1992 Coll., by the Act of the Czech National Council No. 344 / 1992 Coll., by the Act of the Czech National Council No. 359 / 1992 Coll. and by the Act No. 67 / 1993 Coll.
THE LAW
Czech National Council
concerning transgressions
The Czech National Council decided on this law:
Basic provisions
The authorities of the State and the authorities of the municipality (hereinafter referred to as the administrative authorities) lead citizens to comply with the laws and other laws and to respect the rights of their fellow citizens; In particular, they shall ensure that citizens do not make it difficult for the public administration to perform its tasks and do not disturb public order and civil coexistence.
GENERAL PART
The concept of an offence
(1) The transgression is a guilty act which violates or threatens the interest of the company and is expressly referred to as an offence in this or other law, unless it is another administrative offence punishable by special legislation or criminal offence.
(2) The transgression is not the act by which someone turns away
(a) a directly imminent or continuing attack on an interest protected by law in an appropriate manner; or
(b) a danger of directly threatening interest to be protected by law, unless such action is likely to result in the same serious consequences as the one in danger, and the danger could not be averted otherwise in the present situation.
Guilt
It is sufficient to be liable for an offence of negligence, unless the law expressly states that intentional wrongdoing is necessary.
(1) The offence is committed by negligence if the offender:
(a) he knew that he could violate or threaten an interest protected by the law by his conduct, but relied, without reasonable grounds, on the fact that he would not breach or threaten that interest; or
(b) he did not know that he was in a position to violate or threaten the interests protected by the law, even though he had and could have known, given the circumstances and his personal circumstances.
(2) The offence is committed intentionally if the perpetrator:
(a) wish to violate or threaten an interest protected by the law by its conduct; or
(b) he knew that, by his actions, he could jeopardise the interests protected by the law and, in the event that he infringes or threatens it, he was satisfied.
(3) Action shall also mean omission of such action to which the offender has been obliged, as appropriate and in his personal circumstances.
Age and insanity
(1) He is not responsible for the offence, who did not complete the 15th year of his age when he was committed.
(2) He is not responsible for the offence, who, at the time of his commission, could not have recognised that it was a breach or threat of interest protected by law or could not control his actions. However, responsibility is not waived by those who have entered a state of insanity, even out of negligence, alcohol or other addictive substances. 1)
Infringement of an obligation imposed on a legal person
The person who acted or should have acted for the legal person shall be responsible for the infringement of an obligation imposed on the legal person under this law and, if acting on an order, the person who ordered the action.
Scope of the law
(1) Responsibility for the offence shall be assessed in accordance with the law effective at the time of the offence; under a later law, it is assessed only if it is more favourable to the perpetrators.
(2) Only the perpetrator may be imposed a type of penalty which allows the law to be imposed effective when the offence is decided upon.
(3) A safeguard measure shall be decided under the law effective at the time the safeguard measure is decided upon.
(1) Under this law or other law, an offence committed in the Czech Republic is assessed.
(2) Under this law, an offence against civil cohabitation under § 49 (1) (b) and (c) and an offence against property under § 50 committed abroad by a citizen of the Czech Republic or a foreigner, 2) who resides on the territory of the Czech Republic if such conduct has not been negotiated abroad. Another offence committed abroad by a national citizen of the Czech Republic or by a stranger who is resident on the territory of the Czech Republic shall be assessed under this law or any other law only if the said person has infringed the obligation which he or she has under the regulations in force in the Czech Republic outside the territory of the Czech Republic, or if this results from declared international agreements by which the Czech Republic is bound.
An act which has the characteristics of an offence committed by a person enjoying privileges and immunities under law or international law shall not be negotiated as an offence. Nor can a penalty be enforced or enforced if the person to whom a penalty has been imposed has subsequently become a person enjoying privileges and immunities under law or international law.
(1) Pursuant to the Specific Rules (3), a hearing shall be discussed which has the characteristics of an offence committed by them.
(a) persons under military disciplinary authority, members of the Security Information Service of the Czech Republic, Police of the Czech Republic and Prison Service of the Czech Republic,
(b) judges, prosecutors and prosecutors,
(c) persons in prison during the execution of the sentence.
(2) However, such conduct shall be dealt with as an offence if the offender ceases to be the person referred to in paragraph 1.
Penalties
(1) The following penalties may be imposed for an offence:
(a) an admonition;
(b) fine,
(c) prohibition of action;
(d) forfeiture.
(2) Penalties may be imposed separately or with other penalties; a warning cannot be imposed together with a fine.
(3) The imposition of a penalty may be waived in the decision on the offence if the handling of the offence alone is sufficient to remedy the offender.
(1) In determining the type of penalty and its assessment, account shall be taken of the seriousness of the offence, in particular the manner in which it was committed and its consequences, the circumstances in which it was committed, the degree of guilt, the grounds for action and the person responsible for the offence, whether and how it was affected by the same action in disciplinary proceedings.
(2) In the case of multiple offences of the same perpetrator discussed in the joint proceedings, penalties shall be imposed in accordance with the provisions applicable to the offence most strictly punishable. An activity ban may be imposed if it can be imposed for any of these offences.
(1) The fine may be imposed up to 1000 CZK, unless a special part of this law or another law provides for a higher fine.
(2) In block proceedings (§ 84), a fine of up to 500 CZK may be imposed if this law or other law does not allow a higher fine to be imposed in such proceedings, and in command proceedings (§ 87) up to 2000 CZK.
(3) The fine imposed by the municipality's authority is the income of the municipality whose authority took decisions at first instance, the fine imposed by the county authority is the income of the county authority. The fine imposed by another administrative authority of the Czech Republic is the income of the state budget of the Czech Republic.
(4) The income of the municipality or district office shall also be the proceeds of fines imposed by another administrative authority, if they have been enforced by the municipality or district office.
(1) The prohibition of activity may be imposed only for offences referred to in a specific part of this law or in another law and for a period fixed there, for a maximum period of two years, and if it is an activity which the offender carries out in a work or other equivalent proportion, or to which the authorisation or consent of the State authority is required, and if the offender has committed an offence or in connection with that activity.
(2) Pending the prohibition of activity, the time for which the offender was no longer allowed to carry out the activity under the administrative measure taken in the context of the infringement.
(3) The execution of the remainder of the prohibition may be waived after half of the period of enforcement of this penalty if the offender has demonstrated in his life that his further execution is not necessary.
(1) A forfeit may be imposed if the case belongs to the perpetrator and
(a) has been used or intended to commit an offence; or
(b) has been obtained by offence or has been acquired by offence.
(2) The forfeiture of a case cannot be imposed if the value of the case is in an obvious disproportion to the nature of the offence.
(3) It becomes the owner of the lost cause.
Safeguard measures
The protective measures shall be:
(a) restrictive measures;
(b) prevent things.
(1) The restrictive measure consists of a prohibition on visiting designated publicly accessible places and rooms where alcoholic beverages are served or public body, sports or cultural enterprises are held. They may be imposed on offenders on the section of protection against alcoholism and other toxic substances (§ 30), public order offences (§ 47 and 48) and civil coexistence offences (§ 49).
(2) The restrictive measures shall be proportionate to the nature and gravity of the offence committed; they may be imposed only with penalties and for a maximum period of one year.
(1
(a) belong to an offender who cannot be prosecuted for an offence; or
(b) it does not belong to the perpetrator of the offence or it does not belong to him completely
and where the safety of persons or property or other general interest so requires.
(2) A decision to prevent a case cannot be taken if two years have elapsed since the infringement. Paragraph 15 (2) shall apply mutatis mutandis.
(3) The owner of the seized thing becomes.
Special provisions for adolescents
(1) When assessing an offence by a person who completed the 15th year at the time of his commission and did not exceed the eighteenth year of his age (hereinafter referred to as "juvenile '), account shall be taken of the special care which the company gives to the youth.
(2) A minor's offence cannot be dealt with in the proceedings.
(3) The upper limit of the fine is halved for minors, but may not exceed CZK 2000. In block proceedings you cannot impose a fine higher than 200 CZK on a minor; A fine of up to CZK 500 may be imposed on a minor if this law or special law allows a fine higher than CZK 500 in block proceedings.
(4) The prohibition of activity may be imposed on a minor for a maximum period of one year, unless the execution of such a sanction would be precluded by his preparation for the profession.
Withdrawal of liability
An offence cannot be dealt with if one year has elapsed since the offence was committed; it cannot also be discussed, or the penalty imposed, or the remainder thereof, if applicable, applies to an amnesty offence.
SPECIFIC PART
Transfers against order in government and local authorities
Transfers against order in state administration occurring in several sections of state administration
(1) The transfer shall be made by the person who:
(a) he or she shall unjustly produce a reproduction of the price or produce or put into circulation an article which could be confused with the price or the stamp of the State authority or organisation, without any intention of forging or falsifying the authentic instrument or those articles;
(b) intentionally disclose an incorrect or incomplete indication to the administrative authority, or conceal the information requested, although it has an obligation to provide such an indication;
(c) intentionally give an incorrect or incomplete indication to the administrative authority, or withhold the required information in order to obtain an unjustified advantage;
(d) intentionally misuses the scientific or artistic title or the title of university graduate;
(e) intentionally destroy, damage or improperly remove or violate an official seal or official mark;
(f) intentionally destroy, damage or unduly remove a public decree or alter its contents;
(g) intentionally give false or incomplete evidence in administrative proceedings or intentionally give false evidence in an affidavit to the administrative authority;
(h) intentionally improperly acts as a public official;
(ch) intentionally fail to comply with the restrictive measures imposed in the infringement proceedings;
(i) intentionally in a place accessible to the public, they shall wear an unjustly military or service uniform of members of the armed forces or armed corps, or such parts of the uniform which are interchangeable with the full uniform, even though they are not a member of the armed forces or armed corps.
(2) A fine of up to CZK 1000 may be imposed for an offence referred to in paragraph 1 (a) and (b), a fine of up to CZK 3000 for an offence referred to in paragraph 1 (b), and a fine of up to CZK 5000 for an infringement referred to in paragraph 1 (c).
Routes against road safety and continuity
(1) The transfer shall be made by the person who:
(a) as a driver of a truck with a total mass exceeding 3500 kg, does not comply with the provisions on driving restrictions intended for certain types of vehicles;
(b) in breach of a generally binding legislation on road safety and continuity, causes an accident or causes a situation where such a consequence is imminent;
(c) commit the act referred to in (b) as a driver of a public passenger transport vehicle or as a driver of a truck carrying more than six persons on the loading bay or as a tractor driver carrying persons on the loading area of a tractor trailer;
(d) conduct other than those referred to in (a), (b) and (c) infringes generally binding legislation on road safety and continuity.
(2) A fine of up to CZK 2000 may be imposed for an offence referred to in paragraph 1 (d), a fine of up to CZK 5000 for an infringement referred to in paragraph 1 (a) and a prohibition of activity within six months, a penalty of up to CZK 7000 for an infringement referred to in paragraph 1 (b) and a prohibition of activity within one year and an infringement under paragraph 1 (b). c) fine up to 10 000 CZK and prohibition of activity up to one year.
(3) In block proceedings, a fine of up to CZK 2000 and a fine of up to CZK 5000 may be imposed for the offence referred to in paragraph 1 (b) and (c) for the infringement referred to in paragraph 1 (a).
Other offences in the transport sector and offences in the road sector
(1) The transfer shall be made by the person who:
(a) intentionally destroy, damage, pollute or unjustly remove, replace, amend, cover, move or place a transport mark, signal or signal sign, signal or signal devices, passenger information equipment, scheduled timetable, sign of a public transport stop or other transport equipment or use of such equipment;
(b) close the infrastructure without authorisation or exceed the time limit set for the closure or specific use of the infrastructure;
(c) operate an unauthorised or prohibited activity in the railway or infrastructure protection zone or ground air equipment or in the territorial district of the inland port;
(d) infringes the obligation laid down in a generally binding legislation for the construction or operation of civil aircraft, including sailplanes;
(e) fails to comply with the obligation imposed by the administrative authority to address extremely urgent transport needs;
(f) operate a transport operation without authorisation or infringes an obligation laid down in a generally binding traffic law;
(g) the breach of an obligation laid down in a generally binding legislation endangers the safety or continuity of rail, air or navigation operations or causes an accident in such operations;
(h) infringes the obligation laid down in a generally binding legislation for the transport or transport of dangerous goods;
(ch) pollution or damage to the road by causing a fault in its running or running;
(i) intentionally damage the transport structure or other equipment which is part of the construction or intentionally impair the operation of the communication or signalling equipment.
(2) A fine of up to CZK 3000 may be imposed for the offence referred to in paragraph 1 (a) to (f) and for the offence referred to in paragraph 1 (g) to (i) for the fine up to CZK 5000; a prohibition of activity of up to one year may be imposed for the offence referred to in paragraph 1 (d) and (g).
Transfers on business section
(1) The transfer shall be made by the person who:
(a) harm others on the price, quality, quantity or weight of goods or other services,
(b) in a trade or other business, it processes, sells or stores, or, after repair or modification, issues goods of precious metal which do not comply with the legislation on its compulsory examination or official marking;
(c) falsify or intentionally misuse an official mark for goods of precious metal or intentionally put into circulation goods bearing such a mark;
(d) improperly engaged in commercial, productive or other gainful activities;
(e) infringes the conditions laid down in, or established on the basis of, a generally binding law on the export or import of goods and services.
(2) A fine of up to 5000 CZK may be imposed for the offence referred to in paragraph 1 (a) and (b) and for the offence referred to in paragraph 1 (c) to (e) for the fine up to 10 000 CZK; a prohibition of activity of up to one year may be imposed for the offence referred to in points (a) to (c) of paragraph 1.
Released
Released
Financial and currency transfers
(1) The transfer shall be committed by any person who makes an undue reproduction or interchangeable imitation of a banknote, coin, cheque, security or credit card denominated in domestic or foreign currency, or who makes an object by means of an adjustment imitating a banknote, coin, check, security or credit card.
(2) A fine of up to 5000 CZK may be imposed for the offence referred to in paragraph 1.
Transfers on the labour and social affairs sector
(1) The transfer shall be made by the person who:
(a) make it difficult for the care of the acquirer or the education of the acquirer to reveal or extend the adoption data;
(b) prohibit the exercise of protective custody of a minor or interfere with the upbringing of a child entrusted to the upbringing of a citizen other than a parent or foster care;
c) as a foreigner is employed in the Czech Republic without a work permit if such a permit is required,
(d) improperly mediate work.
(2) A fine of up to 5000 CZK may be imposed for the offence referred to in paragraph 1 (b) and for the offence referred to in paragraph 1 (a), (c) and (d) for the fine up to 10 000 CZK.
Transfers to the health sector
(1) The transfer shall be made by the person who:
(a) intentionally thwart, make it difficult or jeopardise the provision of medical services or undergo compulsory examination or treatment;
(b) fail to comply with measures imposed to reduce noise and vibration or air pollution by pollutants above the permitted limit;
(c) fail to comply with the measures laid down for the protection of natural medical baths or natural medical resources;
(d) endanger or violate the health of food or drinking water;
(e) infringes the obligation laid down in a generally binding legislation for compliance with the health requirements for the working environment;
(f) falsify or intentionally alter a medical report or medical certificate or misuse a medical file;
(g) infringes the obligation to treat poisons, narcotic substances, psychotropic substances or other harmful substances or infringes the obligation to protect health against ionising radiation;
(h) infringes or fails to fulfil an obligation laid down or imposed in connection with the prevention and occurrence of communicable diseases;
(ch) falsifies or alter the content of a prescription intended to be used as a genuine prescription, or uses such a prescription as a genuine prescription, or provides a prescription form to another intended to be used for falsification, or, in the same intention, obliterate or otherwise improperly obtain such a form.
(2) A fine of up to CZK 3000 may be imposed for the offence referred to in paragraph 1 (a) to (e) and a fine of up to CZK 5000 for the offence referred to in paragraph 1 (f) to (ch); a prohibition of activity of up to one year may be imposed for the offence referred to in paragraph 1 (f), (g) and (ch).
Transfers to the section for the protection against alcoholism and other toxic substances
(1) The transfer shall be made by the person who:
(a) sell, submit or otherwise allow the consumption of alcoholic beverages to a person clearly affected by an alcoholic beverage or other addictive substance, to a person under 18 years of age or to a person who knows that he will pursue a job or other activity in which he could endanger the health of people or harm property;
(b) improperly sell, submit or otherwise allow the other person to use harmful substances other than alcohol;
(c) are not subjected to measures affecting excessive consumption of alcoholic beverages or the use of other addictive substances;
(d) intentionally produce alcohol or distillate without authorisation or intentionally store alcohol or distillate without authorisation or put into circulation;
(e) it intentionally allows the consumption of alcoholic beverages or other addictive substances to a person under 18 years of age, in so far as it endangers his or her physical or moral development;
(f) ingests an alcoholic beverage or uses another addictive substance, although it knows that it will pursue a job or other activity in which it could endanger human health or damage property;
(g) after ingestion of an alcoholic drink or the use of another addictive substance, carry out the activity referred to in (f);
(h) in a state of exclusion which has led to the ingestion of an alcoholic beverage or the use of another substance, carries out the activity referred to in (f);
(ch) in the performance, activity in which it could endanger the life or health of humans or damage property, refuse to undergo a breath test or, if the breath test was positive, to undergo a medical examination to determine whether it was affected by alcohol or other substance, although it was not associated with a danger to its health.
(2) A fine of up to CZK 3000 may be imposed for the offence referred to in paragraph 1 (a) to (d), for the offence referred to in paragraph 1 (e) and (f) for a fine of up to CZK 5000 and for the infringement referred to in paragraph 1 (e) and (f) for a fine of up to CZK 5000 and a prohibition of activity within two years.
Transfers to the education and youth sector
Contents
§ 1
ČÁST PRVNÍ
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
ČÁST DRUHÁ
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
ČÁST TŘETÍ
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
ČÁST ČTVRTÁ
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
„Čl. IV
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Regulation Information
| Citation | Full text of Act No. 124 / 1993 Coll., Act of the Czech National Council on Infringements (full text as shown by later amendments and additions) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.04.1993 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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