Act No. 134 / 2002 Coll.
Act amending Act No. 140 / 1961 Coll., Criminal Act, as amended
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Law
Effective from 01.07.2002
Text versions:
01.07.2002
15.04.2002
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134
THE LAW
of 15 March 2002
amending Act No. 140 / 1961 Coll., Criminal Act, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of criminal law
Act No. 120 / 1962 Coll., Act No. 100 / 1999, Act No. 100 / 1999, Act No. 100 / 1999, Act No. 100 / 1999, Act No. 100 / 1999, Act No. 100 / 1999, Act No. 100 / 1999, Act No. 120 / 1961 Coll., Act No. 100 / 2000 Coll., Act No. 100 / 2000 Coll., Act No. 100 / 2000 Coll., Act No. 99 / 2000 Coll., Act No. 99 / 2000 Coll., Act No. 99 / 2000 Coll., Act No. 99 / 2000 Coll., Act No. 99 / 2000 Coll., Act No. 99 / 2000 Coll.
1. In Article 66, the words "environmental threats (§ 181a and 181b) 'are replaced by the words" environmental threats and damage (§ 181a and 181b), forest damage by mining (§ 181c), hazardous waste management (§ 181e), unauthorised management of protected and wild animals and wild plants (§ 181f, 181g, 181h)'.
2. In the second sentence of Paragraph 89 (11), the words "costs to eliminate the effects of environmental damage 'shall be inserted after the words" benefits'.
3. In Paragraph 89 (17), the words "aimed at making a profit by consistently committing intentional crime 'are replaced by the words" aimed at continuously committing intentional crime'.
4. Paragraph 143, including the title, reads:
Common provision
The protection provided for in Sections 140 to 142 shall also be granted to funds other than domestic, domestic and foreign non-cash means of payment, as well as domestic and foreign securities. '
5.
Perjury and false expert opinion
(1) Anyone who submits a false, grossly distorted or incomplete expert opinion as an expert shall be punished by deprivation of liberty for up to two years or by prohibition of activity or by a financial penalty.
(2) Who, as a witness or expert before a court, prosecutorial or police body, is conducting preparatory proceedings under the criminal order, or before the inquiry committee of the Chamber of Deputies
(a) disclose the untruth about the circumstances which are relevant to the decision or to the findings of the committee of inquiry of the Chamber of Deputies; or
(b) it shall remain silent;
he will be punished by deprivation of liberty for six months to three years, or by financial punishment.
(3) By withdrawing liberty for two years to ten years, the offender shall be punished if the action referred to in paragraph 1 or 2 causes significant damage or any other particularly serious consequence. ';
6. The following Section 175a is inserted after Section 175:
Crooked Interpretation
(1) Those who, as an interpreter of incorrectly, grossly distorted or incompletely interpreting or in writing, in proceedings before a State body or in connection with such proceedings, or in circumstances of substantial importance for the decision of a State body shall be punished by deprivation of liberty for up to two years or by prohibition of action or by a penalty of money.
(2) Who, as an interpreter before a court, a prosecutor or a police authority which carries out preparatory proceedings in accordance with the Code of Criminal Procedure, or before a committee of inquiry of the Chamber of Deputies incorrectly, grossly distorted or incompletely interpreted or translated in writing, will be punished by deprivation of liberty for six months to three years or by a penalty of money.
(3) By withdrawing liberty for two years to ten years, the offender shall be punished if the action referred to in paragraph 1 or 2 causes significant damage or any other particularly serious consequence. ';
7. After Paragraph 175a, the following Section 175b is inserted:
Counterfeiting and exposing false medical reports, assessments and findings
(1) Who falsifies a medical report, an opinion or a finding, or substantially changes their content, intended to use it in proceedings before a social security authority or another public authority, criminal or civil proceedings; or
who, in proceedings before a social security authority or other public administration, in criminal or civil proceedings, uses such a report, opinion or finding as genuine,
he will be punished with a prison sentence of up to one year or with a cash penalty.
(2) In the same way, it will be punished who, as a doctor or other competent medical person, is to issue a false or grossly distorted medical report, assessment or finding, or to conceal essential facts about his or her health status, in order to be used in proceedings before a social security authority or another public authority, in criminal or civil proceedings; or
who uses such medical reports, opinions or findings in proceedings before a social security authority or other public administration, in criminal or civil proceedings.
(3) By withdrawing liberty for six months to three years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 or 2 confers a significant advantage on itself or on others; or
(b) if such an act causes significant damage. ';
8. Sections 181a and 181b, including the title, read:
"Risk and damage to the environment
(1) Who intentionally pollutes or otherwise damages the soil, water, air, forest or other environmental component by violating environmental or conservation and exploitation rules for natural resources and for larger territories, in a specially protected territory or in a water source for which a protection zone is established, endangers communities or populations of wild fauna or flora (environmental damage); or
who intentionally increase or make it difficult to avert or mitigate environmental damage;
he will be punished by deprivation of liberty for up to three years or by a ban on activity or by a financial penalty.
(2) By withdrawing liberty for one to five years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 is committed again;
(b) if such an act causes permanent or long-term damage to the environment; or
(c) if it causes environmental damage such as to eliminate costs to a significant extent.
(3) By withdrawing liberty for two years to eight years, the perpetrator will be punished,
(a) if the action referred to in paragraph 1 causes damage to a specially protected territory or to a water source for which a protection zone is established by means of which the reason for the special protection of such a territory has disappeared or significantly weakened; or
(b) if such an act causes damage to the environment, the costs of which must be incurred to a large extent.
(1) Anyone who causes or increases, negligently, environmental damage (Paragraph 181a), or makes it difficult to avert or mitigate it, will be punished by deprivation of liberty for up to six months or by a ban on activity or by a financial penalty.
(2) By withdrawing liberty for up to two years, or by prohibiting activity or by punishable money, the offender will be punished,
(a) if the act referred to in paragraph 1 has been committed because it has infringed an important obligation arising from his employment, profession, position or function or imposed on him by law;
(b) if such an act causes permanent or long-term damage to the environment; or
(c) if it causes environmental damage such as to eliminate costs to a significant extent.
(3) By withdrawing liberty for six months to five years, or by penalising the perpetrator,
(a) if the action referred to in paragraph 1 causes damage to a specially protected territory or to a water source for which a protection zone is established by means of which the reason for the special protection of such a territory has disappeared or significantly weakened; or
(b) if such an act causes damage to the environment, the costs of which must be incurred to a large extent. "
9. The following Sections 181c to 181h are inserted after Paragraph 181b:
Forest damage by mining
(1) Who, even out of negligence, by extracting forest areas carried out in contravention of legislation, causes a bare mower to be created on a total larger forest area or cuts the forest area below the threshold laid down by a specific regulation on a total larger forest area will be punished by deprivation of liberty for up to two years or by prohibition of activity or by financial punishment.
(2) By withdrawing liberty for up to three years, the perpetrator will be punished.
(a) if the act referred to in paragraph 1 is committed again; or
(b) where the extraction referred to in paragraph 1 is carried out by bare whiting or dilution on the total significant forest area.
Common provision
(1) The larger areas referred to in Sections 181a and 181b are areas of at least 5 ha and, in the case of water flow, at least 2 km in length.
(2) The total larger forest area referred to in § 181c means an area of more than 1,5 ha and a total significant forest area of more than 3 ha.
Management of hazardous waste
(1) Those who, even out of negligence, impose or delay, transport or otherwise dispose of hazardous waste in breach of legislation and thereby harm or threaten the environment will be punished by deprivation of liberty for up to two years or by prohibition of activity or by money punishment.
(2) In the same way, it will be punished who, even out of negligence, infringes the legislation governing the management of waste by transporting hazardous waste across state borders without the notification or consent of the competent administrative authority, or in such a notification or request for consent, or in the supporting documents, where false or grossly distorted data or material data are withheld.
(3) By withdrawing liberty for up to three years, or by prohibiting activity or by punishable money, the perpetrator will be punished,
(a) where the act referred to in paragraph 1 or 2 benefits significantly; or
(b) commit such an act again.
(4) By withdrawing liberty for six months to five years, or by punishable money, the offender shall be punished if the action referred to in paragraph 1 or 2 benefits a large extent.
Illegal treatment of protected and wild animals and wild plants
(1) Those who, contrary to legislation, kill, process, import, export, perform, retain, offer, mediate, to themselves or to any other individual of a particularly protected species of animal or plant or specimen of endangered species, and
(a) commit such an act on more than 50 pieces of animals, plants or specimens; or
(b) commit such an offence, even if it has been affected in the last two years for an offence of a similar nature or has been convicted or punished in the last three years for such an offence;
he will be punished by deprivation of liberty for up to three years or by a ban on activity or by a financial penalty.
(2) In the same way, he will be punished who, contrary to the law, kills, processes, imports, exports, executes, stores, offers, mediates, himself or another, a specimen of a species of critically endangered or directly threatened by extinction.
(3) By withdrawing liberty for six months to five years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 or 2 intends to benefit significantly; or
(b) commit such an act as a member of an organised group.
(4) By withdrawing liberty for two years to eight years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 or 2 intends to benefit a large extent; or
(b) commit such an act in conjunction with an organised group operating in several states.
Any person who, through negligence, violates legislation by killing, destroying, repeatedly importing, exporting or implementing, or providing himself or another individual with a specially protected species of animal or plant or specimen of endangered species to a greater extent than 50, or an individual of a species of critically endangered species or an specimen of a species directly threatened by extinction, shall be punished by deprivation of liberty for up to one year or by prohibition of activity or by money punishment.
Those who, even out of negligence, violate the legislation or decision of the administrative authority by removing wild animals or wild plants on a scale such that they threaten the local population of such animals or plants will be punished by deprivation of liberty for up to one year or by banning activity or by money punishment. '
10. Paragraph 188a (2) reads as follows:
"(2) By withdrawing liberty for one to five years, the perpetrator will be punished,
(a) commit the act referred to in paragraph 1 against a person under 18 years of age; or
(b) if such an act is committed by the press, by film, by radio, by television, by a publicly accessible computer network or by other similarly effective means. ';
11. in Article 196 (2), the words "belonging to an ethnic group," shall be inserted after the words "nationality."
12. In Paragraph 197a, the current text becomes paragraph 1 and paragraph 2 is added:
"(2) By withdrawing liberty for up to two years, the offender shall be punished if the offence referred to in paragraph 1 is committed against a witness, expert or interpreter in connection with the performance of their duties. ';
13. In Paragraph 198, the following shall be inserted after the word "nation," and paragraph 1 (a):
"(a) a nation, its language, an ethnic group or race, or."
14. In Paragraph 198a (1), the words "an ethnic group 'shall be inserted after the words" a nation'.
15. in § 198a, the following paragraph 3 is added:
"(3) By withdrawing liberty for six months to three years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 is committed by the press, by film, by radio, by television, by a publicly accessible computer network or by other equivalent effective means; or
(b) participate actively in the activities of groups, organisations or associations which declare discrimination, violence or racial, ethnic or religious hatred. "
16.
Moral hazard
(1) Who puts into circulation, expands, makes publicly accessible, produces, imports, accompanies or exports, or for this purpose stores pornographic works of written, sound or image media, images or other objects threatening morality,
(a) showing the child,
(b) showing disrespect for man and violence; or
(c) which show sexual intercourse with the animal,
he will be punished by deprivation of liberty for up to one year or by a penalty or forfeiture.
(2) Who pornographic works of writing, media or image
(a) offers, leaves or makes available to a person under the age of 18; or
(b) in a place which is accessible, exhibited or otherwise accessible to persons under the age of 18;
he will be punished by deprivation of liberty for up to two years, by penalty or forfeiture.
(3) By withdrawing liberty for six months to three years, or by penalising the perpetrator,
(a) commit the act referred to in paragraph 1 or 2 as a member of an organised group; or
(b) if such an act is committed by the press, by film, by radio, by television, by a publicly accessible computer network or by other similarly effective means. ';
17. in Article 216b, the words "if it has not reached maturity before" shall be deleted.
18. in Paragraph 219 (2) (g), the words "belonging to an ethnic group," shall be inserted after the words "race."
19. in Article 221 (2) (b), the words "belonging to an ethnic group" shall be inserted after the words "race."
20. in Article 222 (2) (b), the words "belonging to an ethnic group" shall be inserted after the words "nationality."
21. In Paragraph 224 (3), the words "environmental protection rules" shall be inserted after the words "grossly broken."
22. in Article 235 (2) (f), the words "belonging to an ethnic group" shall be inserted after the words "race."
23. Paragraph 246, including the title, reads:
Human trafficking for sexual intercourse
(1) Anyone who attracts, hires or transports another to be used for sexual intercourse shall be punished by deprivation of liberty for one year to five years.
(2) By withdrawing liberty for three years to eight years, the perpetrator will be punished,
(a) commit the act referred to in paragraph 1 as a member of an organised group;
(b) if such an act intends to benefit significantly,
(c) if such an act has been committed for less than 18 years; or
(d) if such an act is intended to be used for prostitution.
(3) By withdrawing liberty for five to twelve years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 causes serious harm to health, death or other particularly serious consequences; or
(b) if such an act intends to benefit a large extent. ';
24. § 251a is deleted.
25. In Paragraph 252, the present text becomes paragraph 1 and the following paragraphs 2, 3 and 4 are added:
"(2) In the same way, it will be punished who allows others, out of negligence, to hide the origin or finding the origin of the case obtained by criminal activity.
(3) By removing liberty for two years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 or 2 has been committed in relation to goods originating from trade in narcotic drugs or psychotropic substances or from any other particularly serious offence; or
(b) if such an act is of considerable benefit.
(4) By withdrawing liberty for six months to three years, the offender shall be punished if the action referred to in paragraph 1 or 2 benefits a large extent. ';
26. The following Section 252a is inserted after Section 252:
Legalisation of proceeds from crime
(1) In order to make it apparent that such a case or benefit has been acquired in accordance with the law, or that any other act of committing such an offence will be punishable by deprivation of liberty for up to two years or by a penalty of money, whoever conceals its origin or otherwise strives to make it difficult or impossible to establish the origin of a case or other property benefit obtained by criminal activity.
(2) By withdrawing liberty for one to five years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 is committed as a member of an organised group; or
(b) if such an act is of considerable benefit.
(3) By withdrawing liberty for two years to eight years or forfeiting property, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 is committed in relation to goods derived from trafficking in narcotic drugs or psychotropic substances or from any other particularly serious offence;
(b) where the action referred to in paragraph 1 benefits a large extent; or
(c) where he has misused his employment or post to commit such an act. "
27. in Article 257a (1):
"(1) Who obtains access to the information medium and intends to cause any other damage or other damage or gain an unjustified benefit to themselves or to others
(a) improperly use such information;
(b) the information is destroyed, damaged, altered or rendered unfit; or
(c) intervene in computer or other telecommunications equipment;
he shall be punished by deprivation of liberty for up to one year or by prohibition of action or by punishable money or by forfeiture. ';
28.
(1) Those who, on the basis of a duly served call order, do not engage in armed forces within 24 hours of the expiry of the period laid down in such a call order, even though no legal obstacle prevented them from doing so will be punished by deprivation of liberty for up to three years.
(2) By withdrawing liberty for one year to five years, the perpetrator shall be punished if the offence referred to in paragraph 1 is committed in a state of threat to the state or in a state of war. '
29. § 270 reads:
(1) Any person who, on the basis of a duly served notice of negligence, does not take up duty in the armed forces within 24 hours of the expiry of the period laid down in such a notice, even though no legal obstacle has prevented him from doing so, shall be punished by deprivation of liberty for up to one year.
(2) By withdrawing liberty for up to three years, the perpetrator shall be punished if the offence referred to in paragraph 1 is committed in a state of threat to the state or to a state of war. '
30. The following Section 270a is inserted after Section 270:
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Regulation Information
| Citation | Act No. 134 / 2002 Coll., amending Act No. 140 / 1961 Coll., Criminal Act, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2002 |
|---|---|
| Effective from | 01.07.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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