What is Act No. 140 / 1961 Coll.?

Act No. 140 / 1961 Coll., Criminal Act — Criminal law.

When it became Act No. 140 / 1961 Coll. effectiveness?

Act No. 140 / 1961 Coll. became effective 01.01.1962.

Is Act No. 140 / 1961 Coll. still valid?

Yes, Act No. 140 / 1961 Coll. is still valid and effective.

Act No. 140 / 1961 Coll.

Criminal law

Valid Effective from 01.01.1962

ČÁST PRVNÍ HLAVA PRVNÍ § 1 § 2 HLAVA DRUHÁ § 3 § 4 § 5 § 6 § 7 § 8 § 9 § 10 § 11 § 12 § 13 § 14 § 15 HLAVA TŘETÍ § 16 § 17 § 18 § 19 § 20 § 20a § 21 § 22 HLAVA ČTVRTÁ Oddíl první § 23 § 24 § 25 § 26 § 26a § 26b § 27 § 28 § 29 Oddíl druhý § 31 § 32 § 33 § 34 § 35 § 36 § 37 § 37a § 38 Oddíl třetí § 39 § 39a § 39b § 40 § 41 § 42 § 43 § 44 § 45 § 45a § 46 § 47 § 48 § 49 § 50 § 51 § 52 § 53 § 54 § 55 § 56 § 56a § 57 § 57a Oddíl čtvrtý § 58 § 59 § 60 § 60a § 60b § 61 § 62 § 63 § 64 HLAVA PÁTÁ § 65 § 66 § 67 § 67a § 68 § 68a § 69 § 70 HLAVA ŠESTÁ § 71 § 72 § 72a § 73 § 73a § 73b HLAVA SEDMÁ § 74 HLAVA OSMÁ § 88 § 89 § 90 ČÁST DRUHÁ HLAVA PRVNÍ Oddíl první § 91 § 92 § 93 § 95 § 96 § 97 Oddíl druhý § 105 § 106 § 107 Oddíl třetí § 113 § 114 § 115 HLAVA DRUHÁ Oddíl první § 118 § 118a § 121 § 124 § 124a § 124b § 124c § 124d § 124e § 124f Oddíl druhý § 125 § 126 § 127 § 128 § 128a § 128b § 128c § 129 § 129a Oddíl třetí § 140 § 141 § 142 § 143 § 144 § 145 § 145a § 146 § 147 § 147a § 148 § 148a § 148b Oddíl čtvrtý § 149 § 150 § 151 § 152 HLAVA TŘETÍ Oddíl první § 153 § 154 § 155 § 156 § 157 Oddíl druhý § 158 § 159 Oddíl třetí § 160 § 161 § 162 § 162a § 163 Oddíl čtvrtý § 163a § 163b § 163c Oddíl pátý § 164 § 165 § 166 § 167 § 168 Oddíl šestý § 169a § 169b § 171 § 171a § 171b § 171c § 171d § 171e § 172 § 174 § 175 § 175a § 175b § 176 § 176a § 177 § 178 § 178a HLAVA ČTVRTÁ § 179 § 180 § 180a § 180b § 180c § 180d § 181 § 181a § 181b § 181c § 181d § 181e § 181f § 181g § 181h § 182 § 183 § 184 § 185 § 185a § 186 § 187 § 187a § 188 § 188a § 189 § 190 § 191 § 192 § 193 § 194 § 194a § 195 HLAVA PÁTÁ § 196 § 197a § 198 § 198a § 199 § 200 § 201 § 201a § 202 § 202a § 203 § 204 § 205 § 205a § 205b § 206 § 207 § 208 § 209 § 209a § 209b HLAVA ŠESTÁ § 210 § 212 § 213 § 214 § 215 § 215a § 216 § 216a § 216b § 217 § 217a § 217b § 218 § 218a § 218b HLAVA SEDMÁ § 219 § 220 § 221 § 222 § 223 § 224 § 225 § 226 § 227 § 228 § 229 § 230 HLAVA OSMÁ Oddíl první § 231 § 232 § 232a § 233 § 234 § 234a § 235 § 236 § 237 § 238 § 238a § 239 § 240 Oddíl druhý § 241 § 242 § 243 § 245 HLAVA DEVÁTÁ § 247 § 248 § 249 § 249a § 249b § 250 § 250a § 250b § 250c § 251 § 252 § 252a § 253 § 254 § 255 § 255a § 256 § 256a § 256b § 256c § 257 § 257a § 257b § 258 HLAVA DESÁTÁ § 259 § 259a § 260 § 261 § 261a § 262 § 263 § 263a § 264 § 265 HLAVA JEDENÁCTÁ Oddíl první § 266 § 267 § 268 § 269 § 270 § 270a § 271 § 272 HLAVA DVANÁCTÁ Oddíl první § 273 § 274 § 275 § 276 § 277 § 278 § 279 § 279a § 279b Oddíl druhý § 280 § 281 § 282 § 284 Oddíl třetí § 285 § 286 § 287 Oddíl čtvrtý § 288 § 288a § 289 § 290 § 291 § 292 § 293 Oddíl pátý § 294 § 295 ČÁST TŘETÍ § 296 § 297 § 298 § 299 § 300 § 301

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140

of 29 November 1961

The National Assembly of the Czechoslovak Socialist Republic decided on this law:

ČÁST PRVNÍ

GENERAL PART

HLAVA PRVNÍ

PURPOSE OF THE LAW

§ 1

The purpose of the criminal law is to protect the interests of society, the constitutional establishment of the Czech Republic, the rights and legitimate interests of natural and legal persons.

§ 2

The means to achieve the purpose of the criminal law are a threat to punishment, the imposition and execution of penalties and protective measures.

HLAVA DRUHÁ

BACKGROUND OF CRITERIA

§ 3

Criminal offence

(1) A criminal act is a dangerous act for a society whose features are listed in this law.

(2) An act whose degree of danger to society is insignificant is not a criminal offence, even if it otherwise shows signs of a crime.

(3) The offence must be committed intentionally, unless the law expressly states that negligence is sufficient.

(4) The degree of danger to society is determined in particular by the importance of the protected interest which has been affected by the act, the manner in which the act was carried out and its consequences, the circumstances in which the act was committed, the person responsible, the degree of fault and the motive.

Guilt

§ 4

The offence is committed intentionally if the perpetrator:

(a) in the manner set out in that law, wish to violate or threaten the interest protected by that law; or

(b) he knew that, by his actions, he could cause such a breach or threat and, in the event that he caused it, he was satisfied.

§ 5

The offence is committed out of negligence if the perpetrator:

(a) knew that it could infringe or threaten the interest protected by that law in the manner set out in that law, but relied, without reasonable grounds, that it would not cause such a breach or threat; or

(b) he did not know that his conduct could cause such a breach or threat, although he should have known and could have known about it, given the circumstances and his personal circumstances.

§ 6

The circumstances aggravating or making the application of a higher criminal rate subject to the application of a higher criminal rate shall be taken into account,

(a) if there is a more severe consequence, even if the perpetrator is negligent, except in cases where this law also requires intentional guilt;

(b) if there is another fact, even if the offender did not know about it, although he should have and could have known about it in the light of the circumstances and his personal circumstances, excluding cases where this law requires the offender to know about it.

§ 7

Preparation for a criminal offence

(1) The conduct of a company which is dangerous, which depends on the organisation of a particularly serious (§ 41 (2)) offence, the provision or adaptation of means or instruments to commit it, the organisation, assembly, instruction or assistance for such an offence, or other deliberate creation of conditions for its commission, is a preparation for the offence if no trial or completion of the offence has taken place.

(2) Preparation for a criminal offence shall be punishable by the criminal rate laid down for the offence to which it was directed, unless that law provides otherwise in a specific part.

(3) Penalty of preparation for a criminal offence shall cease if the offender voluntarily:

(a) refrain from further action to commit a criminal offence and remove the danger that has arisen from the preparation carried out by the law, or

(b) make a notification of the preparation for the offence at a time when the danger created by the interest protected by this law from the preparation carried out could still be eliminated. Notification shall be made to the prosecutor or police authority; A soldier may instead make an announcement to the commander or the chief.

(4) However, the provision of paragraph 3 shall be without prejudice to the criminality of the offender for any other criminal offence which has already been committed by such action.

§ 8

Attempted crime

(1) The conduct of a company which is dangerous and is directly directed towards the completion of a criminal offence and which the offender intends to commit is an attempt at a criminal offence if the criminal offence has not been completed.

(2) An attempt to commit a crime is punishable by the criminal rate set for the criminal offence to be completed.

(3) Penalty of attempted crime if the offender voluntarily ceases

(a) refrain from further action needed to complete the offence and remove the danger that has arisen from the experiment of the interest protected by this law; or

(b) make a notification of an attempt to commit an offence at a time when the danger arising from the interest protected by this law from an experiment may still have been eliminated. Notification shall be made to the prosecutor or police authority; A soldier may instead make an announcement to the commander or the chief.

(4) However, the provision of paragraph 3 shall be without prejudice to the criminality of the offender for any other criminal offence which has already been committed by such action.

Perp, accomplice and criminal participant

§ 9

(1) The perpetrator of the crime is who committed the crime himself.

(2) If the offence was committed by a joint action of two or more persons, each of them shall be liable as if it had committed the crime itself (accomplices).

§ 10

(1) A participant in a completed offence or trial is who intentionally

(a) the commission of the offence has been planned or managed (organiser);

(b) lead another person to commit a crime (guide);

(c) provide other assistance to commit the offence, in particular by means of measures, by removing obstacles, advice, by affirmation of the resolution, by promising to contribute after the offence (helper).

(2) The criminal liability and the criminal offence of the participant shall be governed by the provisions on the criminal liability and the criminal offence of the offender, unless otherwise provided for by this law.

§ 11

Age Range

Those who did not complete the 15th year of their age at the time of the crime are not liable.

§ 12

Insanity

Who, at the time of the act of committing a mental illness, could not recognize his danger to society or control his actions, is not responsible for the crime.

§ 13

Necessary defence

An action otherwise punishable, which is averted directly by an imminent or continuing attack on an interest protected by this law, is not a crime. It is not a necessary defense if the defense was clearly disproportionate to the way it was attacked.

§ 14

Extreme emergency

An action otherwise punishable, which is averted by danger of directly threatening interest protected by this law, is not a crime. This is not an extreme emergency if the danger could be averted otherwise in the circumstances, or the result caused is likely to be as serious or even more serious than the one in danger.

§ 15

Authorised use of the weapon

The offence shall not be committed by any person who uses weapons within the limits of the powers of the relevant legal regulations.

HLAVA TŘETÍ

SCOPE OF THE CRITERIA

§ 16

(1) The criminal offence shall be assessed by law effective at the time the offence was committed; under a later law, it is assessed only if it is more favourable to the perpetrator.

(2) Only those types of punishment which allow the law to be imposed effective at a time when the offence is decided may be imposed on the perpetrator.

(3) A safeguard measure shall always be decided in accordance with the law effective at the time the safeguard measure is decided.

§ 17

(1) According to the Czech law, the criminal offence committed in the territory of the Republic is assessed.

(2) The offence shall be deemed to have been committed in the territory of the Republic,

(a) if the offender has committed an act here, even if the breach or threat of interest protected by this law has occurred or should have occurred in whole or in part abroad; or

(b) if the offender has infringed or threatened the interest protected by this law or if at least in part such a consequence should have arisen even if the action was committed abroad.

(3) Under the law of the Czech Republic, the offence committed outside the territory of the Republic on board a ship or aircraft registered in the Czech Republic or in Antarctica is also assessed. The place where such an act is committed shall be assessed mutatis mutandis in accordance with paragraph 2.

§ 18

Under the law of the Czech Republic, the criminal offence committed abroad by a citizen of the Czech Republic or a stateless person allowed to reside on its territory is also assessed.

§ 19

Under the law of the Czech Republic, the criminality of the dissolution of the Republic (§ 92), terror (§ 93), terrorist attack (§ 95), corruption (§ 96), sabotage (§ 97), espionage (§ 105), forgery and falsification of money (§ 140), disclosure of falsified and altered money (§ 141), manufacture and possession of counterfeiting equipment (§ 142), assault on a state authority pursuant to § 165 / 1950 (b), attack on public officials pursuant to § 155, participation in a criminal society under § 163a (2), genocide in the area of war operations (§ 264), abuse of internationally recognised and civil acts of war (§ 262), war cruelty (§ 263), persecution of the population (§ 263).

§ 20

(1) Under the law of the Czech Republic, the criminal offence committed abroad by a foreign national or a stateless person who is not allowed to reside on the territory of the Czech Republic is assessed, even if:

(a) if the offence is also punishable by law in the territory where it was committed; and

(b) if the offender has been caught in the territory of the Republic and has not been extradited or transferred for criminal prosecution to a foreign State.

(2) Under the law of the Czech Republic, a criminal offence committed abroad by a foreign national or a stateless person who is not allowed to reside on the territory of the Czech Republic has been committed for the benefit of a legal person or other organisation having its registered office in the Czech Republic, an undertaking, its organisational component or an establishment.

(3) However, the perpetrator cannot be punished more severe than the law of the State in whose territory the offence was committed.

§ 20a

(1) The offence is also assessed under the law of the Czech Republic if it is provided for by the declared international treaty, which the Czech Republic is bound by.

(2) Paragraph 17 to 20 shall not apply where this is provided for in the declared international treaty, which is bound by the Czech Republic or by a special law.

§ 21

(1) A citizen of the Czech Republic cannot be extradited to a foreign state for prosecution or for the execution of a sentence.

(2) A citizen of the Czech Republic can only be transferred to another Member State of the European Union on the basis of a European arrest warrant.

(3) The judgment of a foreign State cannot be enforced in the territory of the Republic or have any other effect unless the law or the declared international treaty, which the Czech Republic is bound by, provides otherwise.

§ 22

(1) If, for the same deed, the offender has been in custody abroad or has been punished by an authority of a foreign State, he shall be charged for the time spent in custody or the sentence rendered in the sentence imposed by the court of the Czech Republic if, in view of the nature of the sentence imposed, it is possible to count. The Court of First Instance is also acting if it has imposed a total or aggregate penalty on the offender (§ 35).

(2) The court shall take account of that fact when determining the nature of the sentence and, where applicable, its scope, if it is not possible to count the detention or punishment abroad (paragraph 1), in particular because a penalty of a kind not known to it has been carried out abroad in whole or in part.

HLAVA ČTVRTÁ

Oddíl první

Common provisions on penalties

§ 23

Purpose of the sentence

(1) The purpose of the punishment is to protect society from perpetrators of crimes, to prevent a convicted person from committing crime and to raise him to lead a proper life, thereby acting as an educator to other members of the society.

(2) Human dignity must not be humiliated by punishment.

Abandonment of punishment

§ 24

(1) The punishment of a perpetrator who has committed a crime of less danger to society, regrets his commission and shows effective efforts to remedy it, may be waived if, given the nature of the offence committed and the life of the perpetrator to come, it can reasonably be expected that the trial will be sufficient to remedy it.

(2) If the court forgoes punishment, it shall be seen as if it were not condemned.

§ 25

Abandonment of punishment while storing protective treatment or protective detention

(1) The court may waive punishment even if the offender has committed a crime in a state of reduced sanity or in a state of mental illness, and the court considers that the protective treatment (§ 72) imposed at the same time will ensure that the perpetrator has a proper life and protection of society better than punishment. This provision shall not apply if the perpetrator has caused a condition of reduced sanity or mental illness, albeit negligently, to be caused by an addictive substance.

(2) The Court of First Instance may waive the punishment even if the offender has committed an intentional offence for which the law provides for a custodial sentence of more than five years, in a state of reduced sanity or in a state of mental illness, and it cannot be expected that the protective treatment imposed by the perpetrator, taking into account the nature of the mental disorder and the potential for action on the offender, would lead to adequate protection of the company, and the Court considers that the security detention (§ 72a) imposed by the perpetrator at the same time will ensure the protection of the society better than punishment.

§ 26

Convicted abandonment of punishment with supervision

(1) Under the conditions set out in Paragraph 24 (1), the court may, on condition, waive the penalty if it considers it necessary to monitor the perpetrator's conduct for a specified period of time.

(2) In the suspension of the penalty, the court shall set a trial period of up to one year and shall at the same time pronounce supervision over the offender.

(3) The court may impose reasonable restrictions and reasonable obligations on the perpetrator whose punishment has been suspended to lead a proper life. It is usually also to be imposed on him to make good the damage caused by the offence.

(4) In particular, the Court of First Instance may impose as an appropriate restriction or obligation referred to in paragraph 3:

(a) undergo training to obtain appropriate professional qualifications;

(b) submit to an appropriate social training and reeducation programme;

(d) submit to appropriate psychological advice programmes;

(e) refrain from visits to inappropriate environments, sports, cultural and other social events and contact with certain persons;

f) abstain from gambling, gambling and betting.

(5) Where an offender is of an age close to the age of a minor, the court may, in order to use the educational activity of the family, school and other bodies, impose, on its own or in addition to the appropriate restrictions or obligations referred to in paragraphs 3 and 4, also some of the educational measures referred to in the Law on Judicial Affairs in the case of youth under the conditions laid down for juvenile offenders.

(6) If the perpetrator whose sentence has been suspended has led a proper life in the trial period and has complied with the conditions imposed, the court shall state that it has proved its worth; decide otherwise on the imposition of the sentence, if any, during the probationary period.

(7) If, within one year of the expiry of the probationary period of the decision referred to in paragraph 6, the court has not taken the blame without the offender whose punishment has been waived, he shall be deemed to have proved himself.

(8) If it has been stated that the perpetrator whose punishment has been suspended has proved himself or if he considers himself to have proven himself, he shall be regarded as not being convicted.

Supervision

§ 26a

(1) Surveillance shall mean regular personal contact between the offender and the official of the Probation and Mediation Service (hereinafter referred to as the Probation Officer), cooperation in the creation and implementation of the probation programme in the probationary period and monitoring compliance with the conditions imposed by the perpetrators by the court or by law. A probation officer shall supervise the offender.

(2) The purpose of supervision is:

(a) monitoring and control of the perpetrator's behaviour, thereby ensuring the protection of society and reducing the possibility of repeat crime;

(b) professional leadership and assistance to the perpetrator in order to ensure that he leads a proper life in the future.

§ 26b

(1) The offender to whom supervision has been imposed shall:

(a) cooperate with the probation officer in the manner specified by the probation officer on the basis of his probation programme;

(b) to visit the probation officer within the time limits to be laid down by the probation officer;

(c) inform the probation officer of his or her stay, employment, observance of the court's appropriate restrictions or obligations and other relevant circumstances for the exercise of supervision by the probation officer;

(d) allow the probation officer to enter the residence in which he resides.

(2) If the offender to whom supervision has been imposed, the conditions of supervision or appropriate restrictions or obligations are infringed, the probation officer shall inform the President of the Chamber of the court seised without undue delay.

(3) Unless otherwise provided for by the President of the Chamber, the probation officer shall, at least once every six months, draw up a report informing the President of the Chamber of the court seised, of the conduct of the supervision of the offender, of the fulfilment of adequate restrictions and obligations and of his circumstances.

Types of punishment

§ 27

For the offences committed, the court may impose only these penalties:

(a) in jail,

(b) community service;

(d) loss of military rank;

(e) a prohibition of action;

(f) forfeiture of property;

(g) criminal penalties;

(h) forfeiture of a case or other assets;

(ch) expulsion,

(i) a residence permit.

§ 28

(1) If this law provides for several penalties in a specific part for a particular offence, each of them may be imposed separately or by more than one of them. In addition to the sentence provided for in this law in a special part for a particular offence, other penalties referred to in Paragraph 27 may be imposed. Exemptions and residence permits may be imposed separately, even if this law does not provide for such a penalty in a specific part.

(2) However, a penalty may not be imposed in addition to the forfeiture of property.

§ 29

Exceptional punishment

(1) An exceptional sentence shall mean, on the one hand, a prison sentence of 15 to 25 years, and, on the other, a life sentence. Exceptional punishment can only be imposed for an offence for which this law allows it in a special part. If such a sentence is imposed by the court, it may at the same time decide that the duration of the sentence in a high-security prison shall not be counted for the purposes of conditional release until the time of the sentence.

(2) A sentence of 15 to 25 years may be imposed by the court only if the degree of danger to society is very high or the possibility to remedy the perpetrator is particularly difficult.

(3) The sentence of imprisonment may be imposed by the court only on the perpetrator who committed the crime of murder pursuant to Article 219 (2), or who, in the course of a crime of treason (§ 91), terror pursuant to § 93, terrorist attack (§ 95), general threat pursuant to § 179 (3) or genocide (§ 259), caused the death of another intentionally, under the conditions that:

(a) the degree of danger to society of such a crime is extremely high due to the particularly deplorable way in which the offence is carried out or to the particularly deplorable cause or to the particularly difficult and difficult to repair effect; and

(b) the imposition of such a sentence requires effective protection of society or there is no hope that the perpetrator can be corrected by a sentence of 15 to 25 years.

(4) Under the conditions set out in paragraph 3, the court may also impose a sentence of imprisonment on an offender who has committed an offence of assault pursuant to Article 222 (3), an offence of robbery pursuant to Article 234 (3), an offence of hostage taking pursuant to Article 234a (3), an offence of extortion pursuant to Article 235 (4), an offence of rape pursuant to Article 241 (4) or an offence of sexual abuse pursuant to Article 242 (4), and has been penalised for such an offence.

Oddíl druhý

General principles for the imposition of penalties

Penalty rate

§ 31

(1) In determining the type of punishment and its scope, the court shall take into account the degree of danger of the offence to society (§ 3 (4)), the possibility of rectification and the proportions of the offender.

(2) When determining the type of penalty and its measures, the court shall take into account:

(a) in the case of accomplices, the extent to which each of them has contributed to the crime;

(b) in the case of the organiser, the guide and the assistant, also of the importance and nature of their participation in the commission of the offence;

(c) in the preparation for the offence and in the trial of the offence, the extent to which the offender's conduct has come to an end, as well as the circumstances and reasons for which it has not been completed.

(3) A circumstance which is a legal feature of a criminal offence cannot be taken into account as attenuating or aggravating or making it conditional on the application of a higher criminal rate.

§ 32

(1) If the offender has committed a crime in a state of reduced sanity, which, even out of negligence, has not been caused by an addictive substance, the court shall take into account this circumstance when determining the type of punishment and its scope.

(2) If the court considers that, in view of the state of health of such an offender, the purpose of the sentence and the duration of the sentence can be achieved (§ 72), it shall reduce the sentence of imprisonment below the lower limit of the criminal rate, not being bound by the restriction laid down in § 40 (3), and shall also impose protective treatment.

§ 33

In order to measure the sentence, account shall be taken, in particular, of:

(a) he has committed a criminal offence in serious distress;

(b) he has committed a criminal offence at an age close to the age of minors;

(d) committed a criminal offence under threat or coercion;

(e) he has committed a criminal offence under the influence of difficult personal or family circumstances which he has not caused himself;

(f) the offence is committed to avert an attack or other danger without fully fulfilling the conditions of the necessary defence or extreme emergency;

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Regulation Information

Citation	Act No. 140 / 1961 Coll., Criminal Act
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	08.12.1961
Effective from	01.01.1962
Effective until	-
Status	Valid

The regulation text is for informational purposes only.