Act of the Czech National Council No. 200 / 1990 Coll.
Act of the Czech National Council on Infringements
Valid
Effective from 01.07.1990
Contents
§ 1
ČÁST PRVNÍ
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 15a
§ 16
§ 17
§ 18
§ 19
§ 20
ČÁST DRUHÁ
§ 21
§ 21a
§ 23
§ 24
§ 28
§ 29
§ 29a
§ 30
§ 32
§ 33
§ 35
§ 38
§ 39
§ 41
§ 42
§ 42c
§ 43
§ 44
§ 45
§ 46
§ 47
§ 47a
§ 47b
§ 48
§ 49
§ 50
ČÁST TŘETÍ
§ 51
§ 52
§ 53
§ 55
§ 57
§ 58
§ 58a
§ 59
§ 60
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
§ 88a
ČÁST ČTVRTÁ
§ 89
§ 90
§ 91
§ 91a
§ 92
§ 93
§ 94
§ 95
§ 95a
§ 96
§ 97
§ 98
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200
THE LAW
Czech National Council
of 17 May 1990
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 infringe or threaten an interest protected by law by his conduct, but relied, without reasonable grounds, that he would not infringe or threaten the 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 is responsible for the infringement of the obligation imposed on the legal person under this law and, if acting on an order, the person who gave the order to act.
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 § 2 and an offence against property under § 50, committed abroad by a citizen of the Czech Republic or a foreigner, 2) who has permanent residence in 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.
(1) An act which has the characteristics of an offence committed by a person enjoying privileges and immunities under law or international law cannot be dealt with as an offence unless the law provides otherwise.
(2) Nor may a penalty be enforced or enforced if the person to whom the penalty has been imposed has subsequently become a beneficiary of privileges and immunities under law or international law, except for the person who has become a Member or a Senator.
(3) Under this law, infringements committed by Members and Senators shall be dealt with unless they request the authority responsible for dealing with the offence in disciplinary proceedings under specific legislation. (2a)
(1) Pursuant to the Special Rules (3), a hearing shall be discussed which has the characteristics of an offence committed by:
(a) persons under military disciplinary authority, members of the Security Corps;
(b) persons in the course of the exercise of custody, imprisonment or security detention.
(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 of the case;
(e) a residence permit.
(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 or a residence ban may be imposed if it can be imposed for any of these offences.
(1) A fine may be imposed up to 1000 CZK unless a separate part of this law or any other law provides for a higher fine.
(2) In block proceedings (§ 84) a fine of up to CZK 5,000 may be imposed if this law or other law does not allow a higher fine to be imposed in such proceedings, and in the order procedure (§ 87) up to CZK 10,000.
(3) The fine imposed by the municipality's authority is the income of the municipality whose authority took its decision at first instance. The fine imposed by another administrative authority of the Czech Republic is the income of the state budget of the Czech Republic.
(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.
(1) The prohibition of residence may be imposed only for offences referred to in a specific part of this law or in another law and for a maximum period of three months provided that:
(a) the offence has been committed by acts of intent which significantly undermine local public order matters;
(b) in the last 12 months before the date on which the offence was committed, the offender has been found to be guilty of the offence to have been committed in the territory of the same municipality; and
(c) the imposition of such a penalty is necessary to ensure the protection of local public order matters in the territory of the municipality; the penalty for the prohibition of residence may not apply to the place or district where the offender is resident or reported to be resident under special legislature19).
(2) The prohibition of residence is that the offender may not stay within the territory of the municipality or part thereof for the duration of the prohibition, in which he has repeatedly committed an offence within the meaning of paragraph 1, as defined in the decision of the administrative authority which imposed the prohibition.
(3) The municipal authority of the municipality in whose territory the offender is resident or reported to be resident under special legislation (19) may, upon request, grant the offender a short stay permit in the territory of the municipality referred to in paragraph 2 or part thereof. Authorisations may be granted if the offender has serious personal grounds to reside in the municipality, in particular by visiting a doctor or public authority. The municipal authority may grant authorisation only with the consent of the administrative authority which has imposed the residence permit. The application shall be decided by the municipal authority without delay and no later than five working days after the initiation of the procedure. If the conditions for authorisation are not fulfilled, the Municipal Office shall issue a decision rejecting the application; otherwise grant authorisation; the applicant shall issue a certificate of residence instead of a written copy of the decision. The authorisation by which the applicant is granted short stay in the territory of the municipality or part thereof in which he is prohibited shall always contain a definition of the time and the purpose for which short stay is authorised. When staying in the territory of a municipality or part thereof in which the offender is prohibited, he shall be obliged to carry a certificate under this provision.
(4) The execution of the remainder of the stay ban may be waived after half the period of enforcement of this penalty if the offender has demonstrated in his life that his further execution is not necessary.
(5) The administrative authority which imposed the residence ban shall immediately inform the police of the Czech Republic and, in the case of citizens of the Czech Republic, the municipal authority of the municipality in whose territory the offender is resident.
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 or places where public sports, cultural or other social events take place.
(2) Restrictive measures may be imposed on the perpetrator of the offence
(a) the section on health protection against harmful effects of addicts (§ 30);
(b) against the order in the administration of the State and against the order in the local authorities (§ 46);
(c) against public policy (Sections 47 and 48),
(d) against civil coexistence (§ 49); or
(e) against property (§ 50).
(3) The restrictive measures shall be proportionate to the nature and severity of the offence committed and to the personal circumstances of the offender; they may be imposed only with penalties and for a maximum period of one year, provided that there is a direct link between the offence committed and the restrictive measure to be imposed.
(1
(a) belong to the offender who cannot be prosecuted for an offence;
(b) the perpetrator is not or is not wholly responsible for the offence; or
(c) the owner is unknown.
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 an order and a residence ban cannot be imposed on him.
(3) The upper limit of the fine is halved in the juvenile, but may not exceed CZK 5,000. In block proceedings, the upper limit of the fine in a minor is reduced to half, but may not exceed CZK 2,500.
(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
(1) 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.
(2) The time-limit for the hearing of an infringement referred to in paragraph 1 shall be interrupted by the initiation of an infringement proceedings and by the issuing of a decision on the offence by which the accused of the offence is found guilty; If the first act in the proceedings is to issue the order imposing the fine, the period shall be interrupted by its service.
(3) The suspension of the time-limit for dealing with an infringement referred to in paragraph 1 shall begin to run a new time-limit for dealing with an infringement; However, the offence cannot be dealt with if two years have elapsed since its commission.
(4) Pending the expiry of the period referred to in paragraphs 1 to 3, the period during which criminal proceedings under a special law have been conducted for the same act shall not be counted. (c)
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 has it or uses it unjustly, 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 an official person;
(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 3,000 may be imposed for the offence referred to in paragraph 1 (a), (d) to (f) and (h) to (i) and for the offence referred to in paragraph 1 (b), (c) and (g) for the fine up to CZK 10,000.
Derogations against regulations laying down certain additional conditions for the performance of certain functions
(1) The transfer is committed by a person who infringes the obligation laid down for the performance of certain functions by Act No. 451 / 1991 Coll., as amended by the Constitutional Court of the Czech and Slovak Federal Republic of 26 November 1992, published in the amount of 116 / 1992 Coll., and by the Act of the Czech National Council No. 279 / 1992 Coll. by:
(a) it intends to obtain admission to, or to remain, such office shall indicate an incorrect or incomplete indication or shall hide the required information;
(b) does not require the production of evidence of compliance with the conditions for the performance of such duties;
(c) it does not take the measures provided for, although it knows that the person holding such a function does not fulfil the conditions for its performance.
(2) A fine of up to 50 000 CZK may be imposed for the offence referred to in paragraph 1.
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, relocate or place a signal, signal or signal sign, signal or signal devices, passenger information equipment, scheduled timetable, marking of a public transport stop or other transport equipment, or using such equipment without authorisation;
(b) fails to comply with the obligation imposed by the administrative authority to address extremely urgent transport needs;
(c) operate a transport operation without authorisation or infringes an obligation laid down by a specific traffic law;
(d) infringes the obligation laid down by specific legislation on the transport or transport of dangerous goods;
(e) intentionally interfere with the operation of the communication or security equipment;
(f) as a driver of a vehicle is not a document holder, submitted an invalid document or did not provide the documents required by a specific legislation, does not record in a specified manner the driving time, safety breaks and rest periods, the vehicle traffic record or does not respect the prescribed driving time, safety breaks and rest periods, does not provide a record of driving time, safety breaks and rest periods, or a record of vehicle operation required by a specific legislation;
(g) in the case of the transport of dangerous goods under the legislation, it does not have a proper certificate of special driver training, it does not ensure the marking of the vehicle, it is not equipped with mandatory equipment under the legislation, it infringes the prohibition on the loading and unloading of certain dangerous goods in public places, it transports persons on the vehicle in a manner contrary to the legislation, it infringes the provisions on the stopping and standing of vehicles and on the supervision of parking vehicles or does not respect the route, if prescribed;
(h) use, in use on the road, a vehicle marked with a roof lamp marked TAXI, a TAXI inscription or any other interchangeable vehicle providing a taxi service for purposes other than the driver's work; or
(i) as a taxi driver, it will damage the passenger on the fare.
(2) A fine of up to 5 000 CZK may be imposed for the offence referred to in paragraph 1 (a) to (e) and for the offence referred to in paragraph 1 (f) to (i) for the fine up to 10 000 CZK; the prohibition of activity from six months to one year may be imposed for the offence referred to in paragraph 1 (b), (d), (h) and (i).
(3) In the block procedure, a fine of up to CZK 5,000 may be imposed for the offence referred to in paragraph 1 (f) and (g).
(4) An offence for which a prohibition may be imposed cannot be dealt with in block proceedings.
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) misconduct a commercial, productive or other gainful activity;
(c) infringes obligations
1. indicate, on all orders, commercial letters, invoices, contracts and in the framework of information made available to the public via remote access, the details of their trading firm and, if not, the name and surname or the name, registered seat or place of business, registration in the business register, including the record name, business name, non-registered business name, other registration in which they are entered and, where appropriate, the registration of the organisational component of the business or of the foreign company, including the record name, 4)
2. Submit an application for registration, amendment or deletion of registration in the Commercial Register, or deposit a document in a collection of documents, 5)
3. use the business company in the business, and if it does not have it, name and surname or name.6)
(2) For an offence referred to in paragraph 1 (a), a fine of up to CZK 5,000 may be imposed, for an offence referred to in paragraph 1 (b), a fine of up to CZK 10,000 and for an offence referred to in paragraph 1 (b). c) fine up to 50 000 CZK; a prohibition of activity of up to 1 year may be imposed for the offence referred to in paragraph 1 (a) and (c).
Transfers to the social affairs section
(1) The transfer shall be committed by a person who intentionally destroys, damages, modifies or misuses the identification of a person with disabilities, or violates another obligation laid down by law on the section of the identification of persons with disabilities.
(2) A fine of up to CZK 20,000 may be imposed for the offence referred to in paragraph 1.
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 the measures laid down or imposed to reduce noise and vibration, except for the obligations laid down for the organisation or provision of premises and land for public production of music;
(c) fails to comply with the obligation to ensure, in the event of an increased presence of carriers of infectious diseases, harmful or epidemiologically significant arthropods, rodents or other animals, the performance of special protective disinfection, disinsectisation or extermination;
(d) falsify or intentionally alter a medical report or medical certificate or misuse a medical file;
(e) infringes the obligation to treat narcotic substances, psychotropic substances or other harmful substances;
(f) as a legal representative of a minor natural person, or a natural person who has been entrusted by a minor natural person by a decision of a court or other body to foster or nurture, shall not ensure that a minor natural person who has not been found to be immune to infection or to a medical condition which prevents the administration of the vaccine (permanent contraindication) is subject to the prescribed periodic vaccination;
(g) 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 unduly obtain such a form;
(h) infringes or fails to comply with the obligations laid down or imposed to protect health against non-ionising radiation;
(i) does not suffer or implement the measures provided for or imposed to prevent or spread infection or anti-epidemic measures ordered to prevent the introduction of highly contagious infectious disease from abroad;
(j) infringes the prohibition or fails to fulfil the obligations laid down or imposed for the organisation of a recovery operation, other similar actions for children or schools in nature;
(k) infringes the prohibition of advertising and advertising for the purpose of demand or supply of tissues and organs, contrary to special legislation7);
(l) offer a financial reward or other advantage in order to obtain a tissue donor or transplant body;
(m) infringes the anonymity of the donor of the tissue or of the organ and its recipient in contravention of special legislation8);
(n) infringes or fails to comply with the obligations laid down for the performance of epidemiological activities;
(o) as organiser of the public production of music, does not ensure that the noise from it does not exceed the specified hygiene limits or provides construction, other equipment or land for the public production of music, without ensuring that the noise from it does not exceed the specified hygiene limits;
(p) shall not disclose the circumstances relevant to the epidemiological investigation;
(q) fails to fulfil the obligation to protect public health in Section 53 of the Public Health Act (20);
(r) as a provider of a child care service in a child group in case of care of more than 12 children simultaneously 21) fails to meet the hygiene requirement for operation, space conditions, equipment, lighting, heating, microclimate conditions, water supply, cleaning or laundry handling;
(s) they are not subject to a fixed periodic or exceptional vaccination or are not subject to a specific vaccination before being assigned to a higher risk of infection; or
Contents
§ 1
ČÁST PRVNÍ
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 15a
§ 16
§ 17
§ 18
§ 19
§ 20
ČÁST DRUHÁ
§ 21
§ 21a
§ 23
§ 24
§ 28
§ 29
§ 29a
§ 30
§ 32
§ 33
§ 35
§ 38
§ 39
§ 41
§ 42
§ 42c
§ 43
§ 44
§ 45
§ 46
§ 47
§ 47a
§ 47b
§ 48
§ 49
§ 50
ČÁST TŘETÍ
§ 51
§ 52
§ 53
§ 55
§ 57
§ 58
§ 58a
§ 59
§ 60
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
§ 88a
ČÁST ČTVRTÁ
§ 89
§ 90
§ 91
§ 91a
§ 92
§ 93
§ 94
§ 95
§ 95a
§ 96
§ 97
§ 98
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Regulation Information
| Citation | Act of the Czech National Council No. 200 / 1990 Coll., on Infringements |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.05.1990 |
|---|---|
| Effective from | 01.07.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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