Act No 251 / 2016 Coll.
Law on certain offences
Valid
Law
Effective from 01.07.2017
251
THE LAW
of 15 June 2016
concerning certain offences
Parliament has decided on this law of the Czech Republic:
Subject matter
This law regulates certain offences occurring in different sections of the public administration, including the type and amount of administrative penalties which may be imposed for their committing.
Transfers against order in state administration occurring in several sections of state administration
(1) A natural, legal or business natural person commits an offence by making an unauthorised reproduction of a price or by making or putting into circulation an article which could be confused with a price or by having such an article manufactured or used illegally.
(2) A natural person commits an offence by intentionally:
(a) give an incorrect or incomplete indication to the administrative authority, or withdraws the information requested, or gives an incorrect or incomplete indication in an affidavit with the administrative authority;
(b) give an incorrect or incomplete indication to the administrative authority, or withhold the required information in order to obtain an unjustified advantage;
(c) destroy, damage or improperly remove or violate an official seal or official mark;
(d) destroy, damage or unduly remove a public decree or alter its content;
(e) give false or incomplete evidence in administrative proceedings;
(f) as a person submitting an explanation to the administrative authority of an offence committed by another, it shall misstate or conceal the circumstances of substantial importance for the decision;
(g) he / she shall appear without right as an official person; or
(h) fail to comply with the restrictive measures imposed in the infringement proceedings.
(3) A natural person, legal or business, commits an offence by:
(a) give an incorrect or incomplete indication to the administrative authority, or withdraws the information requested, or gives an incorrect or incomplete indication in an affidavit with the administrative authority;
(b) give an incorrect or incomplete indication to the administrative authority, or withhold the required information in order to obtain an unjustified advantage;
(c) destroy, damage or improperly remove or violate an official seal or official mark;
(d) destroy, damage or unduly remove a public decree or alter its content;
(e) give false or incomplete evidence in administrative proceedings; or
(f) as a person submitting an explanation to the administrative authority of an offence committed to another, it shall misstate the circumstances which are of major importance to the decision, or it shall not disclose such circumstances.
(4) A penalty may be imposed in respect of an offence:
(a) 10 000 CZK if the offence referred to in paragraph 1, paragraph 2 (c) or (d) or paragraph 3 (c) or (d) is committed;
(b) 20 000 CZK if the offence referred to in paragraph 2 (a), (e), (f), (g) or (h) or paragraph 3 (a), (e) or (f) is committed; or
(c) 50 000 CZK if it is an offence pursuant to paragraph 2 (b) or paragraph 3 (b).
Transfers to general internal administration
(1) A natural person commits an offence by deliberately harming, misusing or grossly harming a legally protected symbol other than the State symbol of the Czech Republic.
(2) A legal or business natural person commits an offence by harming, misusing or grossly harming a legally protected symbol other than the state symbol of the Czech Republic.
(3) A natural or entrepreneurial natural person commits and is recognised by virtue of his honour, honorary title or other similar valuation granted by a public authority.
(4) A fine of up to CZK 3,000 may be imposed for the offence referred to in paragraphs 1 to 3.
Transfers against order in the administration and offences against order in the local authorities
(1) A natural, legal or business natural person commits an offence by violating the obligation laid down in the order of the municipality or county.
(2) A natural, legal or business natural person commits an offence by violating the obligation laid down in a generally binding order of the municipality or county.
(3) A fine of up to 100 000 CZK may be imposed for the offence referred to in paragraph 1 or 2.
(4) Where a natural person has committed an offence pursuant to paragraph 1 or 2, restrictive measures may be imposed on him.
Transfers against public order
(1) A natural person commits an offence by:
(a) disobeying an official's call in the exercise of his or her authority;
(b) compromise the position of an official in the exercise of his or her powers;
(c) thwarts the recognition of a joint residence carried out under the Police Act of the Czech Republic or the judgment of the Court on a provisional measure in respect of the protection against domestic violence under the Law on special judicial procedures;
d) breaks the night's peace,
(e) give rise to public indignation;
(f) pollution of public spaces, publicly accessible premises or public facilities or neglect the obligation to clean up public spaces;
(g) harm or improper use of public space, a publicly available object or a public utility facility, if these are cases which cannot be dealt with under other laws;
(h) intentionally destroy, damage, pollute or unjustly remove, replace, amend, cover or relocate a tourist sign or other indication;
(i) infringes the conditions imposed to protect public order in sport, cultural, piety and other social events or in places intended for recreation, tourism or burial;
(j) on the way to an organised sports match, at the point of such a match or on the way back from such a match, the face shall be covered in a way which makes it difficult or impossible to identify; or
(k) bring a pyrotechnic article to an organised sport match, or at the site of such a match, on the way to such a match, or on the way back from such a match, uses the pyrotechnic article.
(2) A natural person, legal or business, commits an offence by:
(a) breaks the night's rest;
(b) pollution of public spaces, publicly accessible premises or public facilities or neglect the obligation to clean up public spaces;
(c) damage or improper use of public space, a publicly accessible object or a public utility facility, in cases which cannot be dealt with under other laws;
(d) destroy, damage, pollute or unjustly remove, replace, amend, cover or relocate a tourist sign or other indication; or
(e) infringes the conditions imposed to protect public order in sport, cultural, piety and other social events or in places intended for recreation, tourism or burial.
(3) A fine may be imposed for an offence
(a) up to 5 000 CZK if the offence referred to in paragraph 1 (h) or paragraph 2 (d) is committed,
(b) up to 10 000 CZK if the offence referred to in paragraph 1 (a), (b), (d), (e), (i) or (j) or paragraph 2 (a) or (e) is committed;
(c) up to CZK 20,000 if it is an offence referred to in paragraph 1 (c) or (f) or paragraph 2 (b);
(d) up to 50 000 CZK if the offence referred to in paragraph 1 (g) or paragraph 2 (c) is committed; or
(e) from 10 000 CZK to 50 000 CZK, if it is an offence referred to in paragraph 1 (k).
(4) Where the offence referred to in paragraph 1 or 2, except for offences referred to in paragraph 1 (h) and paragraph 2 (d), is committed repeatedly after the decision on the infringement has become final pursuant to the same paragraph, the fine shall be imposed:
(a) up to 15 000 CZK if the offence referred to in paragraph 1 (a), (b), (d), (e), (i) or (j) or paragraph 2 (a) or (e) is committed;
(b) up to CZK 30,000 if the offence referred to in paragraph 1 (c) or (f) or paragraph 2 (b) is committed;
(c) up to CZK 75,000 if the offence referred to in paragraph 1 (g) or paragraph 2 (c) is committed; or
d) from 10 000 CZK to 100 000 CZK, if it is an offence according to paragraph 1 (k).
(5) Restrictive measures may be imposed for the offence referred to in paragraph 1.
(6) The offence referred to in paragraph 1 (k) is punishable.
(7) The time of night rest shall be understood as from the twenty-second to six o'clock. The municipality may provide for exceptional cases, in particular festivities or similar social or family events, where the rest time is defined by a shorter period or where the rest time may not be observed.
Infringement of non-compliance in connection with criminal proceedings
(1) A natural, legal or operating natural person who provides cooperation to law enforcement authorities shall commit an offence by violating the obligation of confidentiality pursuant to Article 8 (7) of the Criminal Code.
(2) A fine of up to 500 000 CZK may be imposed for the offence referred to in paragraph 1.
Infringement of a false explanation or false professional statement
(1) A natural person, acting as a person before a criminal proceedings authority, commits an offence to explain an offence committed by another by deliberately stating an untruth about a material circumstance for a decision or by withholding that circumstance.
(2) A natural person who is a legal person or an undertaking, as a person submitting an explanation of an offence committed to another in front of a criminal proceedings authority, shall commit an offence by stating the illegality of a material circumstance for the decision or by withholding that circumstance.
(3) A natural person, as a person submitting to a public authority, commits an offence by deliberately submitting false, grossly distorted or incomplete professional observations.
(4) A natural person, legal or business, as a person submitting a professional statement before a public authority, shall commit an offence by submitting false, grossly distorted or incomplete professional observations.
(5) A fine of up to 50 000 CZK may be imposed for the offence referred to in paragraphs 1 to 4.
Transfers against civil coexistence
(1) A natural person commits an offence by:
(a) harm others in honour by mocking them or, in other ways, grossly offend them;
(b) harm others to their health; or
(c) intentionally interfere with civil coexistence by:
1. Threatens others to harm their health,
2. He will accuse another wrongdoing.
3. Committed to another; or
4. Commits a different gross act against another.
(2) A legal person commits an offence by:
(a) harm others in honour by mocking them or, in other ways, grossly offend them;
(b) interfere with civil coexistence by:
(1) He will deny another transgression.
2. Committed to another; or
3. Commits a different gross act against another.
(3) A natural, legal or business natural person commits an offence by:
(a) limits or prevents a national minority from exercising the rights of members of national minorities; or
(b) cause other harm to its membership of a national minority or to its ethnic origin, to its race, to the colour of the skin, sex, sexual orientation, language, belief or religion, age, disability, political or other thinking, membership or activity in political parties or political movements, trade unions or other associations, to its social origin, property, family, health or family status.
(4) A penalty may be imposed in respect of an offence:
(a) 10 000 CZK if the offence referred to in paragraph 1 (a) or 2 (a) is committed; or
(b) 20 000 CZK if the offence referred to in paragraph 1 (b) or (c), paragraph 2 (b) or paragraph 3 is committed.
(5) Where the offence referred to in paragraphs 1 to 3 has been committed repeatedly after the decision on the offence has become final pursuant to the same paragraph, the fine shall be imposed on:
(a) 15 000 CZK if the offence referred to in paragraph 1 (a) or 2 (a) is committed; or
(b) 30 000 CZK if the offence referred to in paragraph 1 (b) or (c), paragraph 2 (b) or paragraph 3 is committed.
(6) Restrictive measures may be imposed for the offence referred to in paragraph 1. Where a natural person has committed an offence pursuant to paragraph 3, restrictive measures may be imposed on him.
(7) The infringement procedure referred to in paragraph 1 (b) or (c) committed between close persons or the infringement referred to in paragraph 1 (a) or paragraph 2 (a) may be initiated and continued in the proceedings already initiated only with the consent of the person directly affected by the offence.
(8) When dealing with an offence pursuant to paragraph 1 (a) or paragraph 2 (a), the administrative authority shall attempt to reconcile the defendant and the person who has been wronged. If reconciliation occurs, the administrative authority shall suspend the proceedings by a resolution against which no appeal can be made.
Transfers against property
(1) A natural person commits an offence by intentionally:
a) causes damage to foreign property
1. theft,
2. embezzlement,
3. fraud; or
4. destruction or damage to the property;
the trial of this offence is punishable,
(b) he is illegally using foreign property;
(c) to take a foreign object by finding or otherwise without the authorisation of the authorised person; or
(d) hides, uses or transfers a thing which has been obtained by an offence committed by another person or what has been taken for such a thing.
(2) A natural person, legal or business, commits an offence by:
a) causes damage to foreign property
1. theft,
2. embezzlement,
3. fraud; or
4. destruction or damage to the property;
the trial of this offence is punishable,
(b) he is illegally using foreign property;
(c) to take a foreign object by finding or otherwise without the authorisation of the authorised person; or
(d) hides, uses or transfers a thing which has been obtained by an offence committed by another person or what has been taken for such a thing.
(3) The transfer referred to in paragraph 1 (a) shall also be carried out by the organiser, guide or helper.
(4) A fine of up to 50 000 CZK may be imposed for the offence referred to in paragraphs 1 to 3.
(5) If the offence referred to in paragraphs 1 to 3 is committed repeatedly after the decision on the offence has been taken in accordance with the same paragraph, the fine shall be imposed up to CZK 70,000.
(6) Restrictive measures may be imposed for the offence referred to in paragraph 1 or 3.
(7) The infringement proceedings referred to in paragraph 1 or 3 between close persons may be initiated and continued in the proceedings already initiated only with the consent of the person directly affected by the offence.
Transfers on business section
(1) A natural, legal or business natural person commits an offence by engaged in commercial, manufacturing or other gainful activities without public authority, if required.
(2) A natural person, legal or business, commits an offence by:
(a) fails to fulfil the obligation:
1. indicate, on the commercial documents and in the framework of information published in a way that allows remote access, the details of its trading firm and, if it is not, its name, registered office, registration in the trade register, including a section and insert, or any other public register, or, where appropriate, in another register with regard to a person not registered in the public register, and the identity number of the person assigned to it;
2. submit an application for registration, amendment or deletion of a registration in a commercial register or another public register or, where appropriate, in another register or deposit a document in a collection of documents; or
3. Use your business company, and if you don't have it, your name,
(b) indicate on the commercial record the information which is capable of giving a misleading impression.
(3) A penalty may be imposed in respect of an offence:
(a) 100 000 CZK if the offence referred to in paragraph 1 or paragraph 2 (a) is committed; or
(b) 50 000 CZK if the offence referred to in paragraph 2 (b) is committed.
(4) The infringement referred to in paragraph 2 (b) may be subject to a prohibition of activity within 1 year, together with a fine.
Transfers to the section of infringement of rights to the company
(1) A natural, legal or business natural person commits an offence by misusing a trading firm or any sign which is interchangeable with a trading firm or an indication which is indicative of another entrepreneur.
(2) A fine of up to 50 000 CZK may be imposed for the offence referred to in paragraph 1.
Infringement in the health sector
(1) A natural person commits an offence by deliberately destroying, complicating or endangering the provision of health services.
(2) Legal or business natural person commits an offence by thwarting, obstructing or endangering the provision of health services.
(3) A fine of up to 100 000 CZK may be imposed for the offence referred to in paragraph 1 or 2.
Infringements
In the criminal record kept by the Criminal Register, final decisions on the offence shall be entered under:
(a) Sections 5, 7 and 8, with the exception of the judgment on an infringement pursuant to Articles 5 (1) (h) and 5 (2) (d);
(b) Paragraph 4 (2), which consists of a breach of the obligation laid down in a generally binding order of the municipality for the organisation, conduct and termination of public accessible sports and cultural enterprises, including dance and discos-tions, by establishing binding conditions to the extent necessary to ensure public order (1).
Repeatedly committing an offence
The offence referred to in Articles 5, 7 and 8, with the exception of the offence referred to in Articles 5 (1) (h) and 5 (2) (d), shall be committed repeatedly if a decision on the same offence as the defendant was found guilty has not elapsed for 12 months since the entry into force of the law.
Efficacy
This Act shall enter into force on 1 July 2017.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
1) § 10 (b) of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 313 / 2002 Coll.
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Regulation Information
| Citation | Act No. 251 / 2016 Coll., on certain offences |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.08.2016 |
|---|---|
| Effective from | 01.07.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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