Act No. 166 / 2024 Coll.
Act amending Act No. 40 / 2009 Coll., Penal Code, as amended, and other related laws
Valid
Law
Effective from 01.01.2025
Text versions:
01.01.2025
19.06.2024
166
THE LAW
of 29 May 2024
amending Act No. 40 / 2009 Coll., Penal Code, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Penal Code
Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2015 Coll.
1. In Article 39, at the end of paragraph 2, the sentence "In determining the gravity of the offence in terms of its consequences, the court shall also take into account the declaration of the injured party, who is the victim of the offence under the law on the victims of the offence, on the impact of the offence committed on his or her life if he or she has done so."
2. In Paragraph 88 (4), the words "sexual abuse pursuant to § 187 (3), (4)," shall be replaced by "sexual assault pursuant to § 185a (3), (4), sexual coercion according to § 186 (5), (6), sexual abuse pursuant to § 187 (2), (3),";
3. The following Section 119a is inserted after Section 119:
Committing a crime by abuse of defenceless
(1) The offence is committed by abuse of defenceless if the offender takes advantage of the fact that another person is in a state in which he is unable to shape or show his or her will or his or her ability to shape or show his or her will is substantially reduced because of unconsciousness, sleep, addictive substances, illness, disability, mental disorder, severe crippling stress, low or high age, surprise or other similar reason.
(2) A child under the age of 12 shall always be considered defenceless for reasons of low age. '
4. Article 185, including the title, reads:
Rape
(1) Who does sex or other sexual intercourse in a manner comparable to that of sex against his knowledge,
who otherwise forces to have sex or other sexual intercourse in a manner comparable to that of having sex with another person; or
who exploits his defenses for such an act,
he will be punished by deprivation of liberty for two to ten years.
(2) By withdrawing liberty for three years to twelve years, the offender shall be punished if he commits the act referred to in paragraph 1.
(a) the child,
(b) on a pregnant woman or by such an act causes pregnancy to a woman,
(c) with another person; or
(d) with a gun.
(3) By withdrawing liberty for five to fifteen years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 is committed on a child under the age of 15;
(b) if such an act is committed against a person limited to personal freedom in a prison or institution for the performance of security detention or for legal reasons located in a medical institution, a educational establishment for the exercise of constitutional or protective education or for preventive education or in another place where its personal freedom is restricted; or
(c) if such an act causes serious harm to health.
(4) By withdrawing liberty for ten to eighteen years, the perpetrator shall be punished if the act referred to in paragraph 1 causes death.
(5) Preparation is criminal. "
5. The following Section 185a is inserted after Section 185:
Sexual assault
(1) Any person against his knowledge of the will to engage in sexual intercourse other than those mentioned in § 185,
who force sexual intercourse other than that referred to in Section 185 with another person, sexual self-exposure, exposure or other comparable behaviour; or
who exploits such an act or behaviour by using its defenseless,
he will be punished by deprivation of liberty for up to five years.
(2) By withdrawing liberty for two years to eight years, the offender shall be punished if he commits the act referred to in paragraph 1.
(a) the child,
(b) with another person; or
(c) with a gun.
(3) By withdrawing liberty for three years to twelve years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 is committed on a child under the age of 15;
(b) if such an act is committed against a person limited to personal freedom in a prison or institution for the performance of security detention or for legal reasons located in a medical institution, a educational establishment for the exercise of constitutional or protective education or for preventive education or in another place where its personal freedom is restricted; or
(c) if such an act causes serious harm to health.
(4) By withdrawing liberty for 10 to 16 years, the perpetrator shall be punished if the act referred to in paragraph 1 causes death.
(5) Preparation is criminal. "
6. Paragraph 186, including the title, reads:
Sexual pressure
(1) Anyone who forces another to have sexual intercourse, sexual self-abuse, exposure or other comparable behaviour abusing his or her distress, addiction or position and resulting credibility or influence will be punished by deprivation of liberty for up to four years or by bans of activity.
(2) By withdrawing liberty for one year to five years, the offender shall be punished if he commits the act referred to in paragraph 1.
(a) on a child; or
(b) with another person.
(3) By withdrawing liberty for two years to eight years, the perpetrator shall be punished if he or she commits the act referred to in paragraph 1 in a manner comparable to that of sexual intercourse.
(4) By withdrawing liberty for three years to ten years, the offender shall be punished if he commits the act referred to in paragraph 1.
(a) a child under 15 years of age,
(b) a person limited to personal freedom in a prison or institution for the performance of security detention or for legal reasons located in a medical institution, a educational establishment for the exercise of constitutional or protective education or for preventive education or in another place where its personal freedom is restricted; or
(c) sex or other sexual intercourse carried out in a manner comparable to that of a pregnant woman or by such an act causes pregnancy of a woman.
(5) By withdrawing liberty for five to twelve years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 is committed by sexual intercourse or other sexual intercourse carried out in a manner comparable to that of a child under 15 years of age,
(b) where such an act is committed by sexual intercourse or other sexual intercourse carried out in a manner comparable to that carried out on a person limited to personal freedom in a prison or an institution for the exercise of security detention or for legal reasons located in a medical institution, a school establishment for the exercise of constitutional or protective education or for preventive education or in another place where its personal freedom is restricted; or
(c) if such an act causes serious harm to health.
(6) By withdrawing liberty for 10 to 16 years, the perpetrator shall be punished if the act referred to in paragraph 1 causes death.
(7) Preparation is criminal. "
7. Paragraph 187 (2) is deleted.
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
8. In Paragraph 187 (3), "eighteen 'is replaced by" sixteen'.
9. In Paragraph 367 (1), the words "sexual assault (Paragraph 185a), sexual coercion (Paragraph 186) 'are inserted after the words" (Paragraph 185)'.
Amendment to the Code of Criminal Procedure
Act No. 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 6, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 6, No 5, No 5, No 6, No 5, No 6, No 5, No 5, No 5, No 6, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 5,
1. In Paragraph 17 (1), the words "sexual assault pursuant to Paragraph 185a (3) of the Criminal Code 'shall be added at the end of the text in point (a).
2. In the second sentence of Article 73a (1), the words "sexual abuse under § 187 (3), (4) 'are replaced by the words" sexual assault under § 185a (3), (4) of the Criminal Code, sexual coercion under § 186 (5), (6) of the Criminal Code, sexual abuse under § 187 (2), (3)'.
3. In the first sentence of Article 163 (1), the text "Paragraph 186 (1), (2) 'is replaced by the text" Paragraph 186 (1)' and the words "a rape offence pursuant to Article 185 (1), (2) 'are replaced by the words" a rape offence under Article 185 (1) of the Criminal Code and a sexual assault under Article 185a (1)'.
4. At the end of paragraph 2, the sentence "Damaged, who has the status of victim under the law on victims of crime, shall also be added to draw attention to the possibility of making a statement as to the impact of the crime committed on his life."
5. In Paragraph 175a (5), the sentence "If the injured person is present in the negotiation of an agreement on guilt and punishment, the status of the victim under the law on victims of crime, the prosecutor shall allow him to make a statement as to the impact of the crime committed on his life, even if he has made the declaration in writing."
6. in Article 175a (6), the following point (i) is inserted after point (h):
"(i) the statement damaged by the agreement, provided that the negotiation of the agreement on guilt and punishment was present and made,"
Point (i) shall be renumbered as point (j).
7. In Paragraph 206b (1), after the second sentence, the sentence "Damaged person who is present and who has the status of victim under the law on victims of crime shall be inserted, at the same time, draw attention to the possibility of making a statement as to the impact of the crime committed on his life, even if he has made the statement in writing."
8. In Paragraph 314q (1), after the third sentence, the following sentence is inserted: "Together with the sending of an application for approval of a guilty and punishable agreement, the President of the Chamber of the injured party shall warn that he has the right to comment on the proposal within a period to be determined by him, unless he has already done so in the negotiation of a guilty and penalty agreement."
Amendment of the Road Transport Act
In Article 9 (2) (c) of Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 102 / 2013 Coll., Act No. 304 / 2017 Coll. and Act No. 115 / 2020 Coll., the words "sexual assault," shall be inserted after the word "rape."
EFFECTIVE
This Act shall take effect on 1 January 2025.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 166 / 2024 Coll., amending Act No. 40 / 2009 Coll., Criminal Code, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.06.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 616
The regulation text is for informational purposes only.
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