Act No. 253 / 1997 Coll.
Act amending and supplementing Act No. 140 / 1961 Coll., Criminal Act, as amended
Valid
Law
Effective from 01.01.1998
Text versions:
01.01.1998
13.10.1997
253
THE LAW
of 24 September 1997
amending and supplementing Act No. 140 / 1961 Coll., Criminal Act, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 140 / 1961 Coll., penal law, as amended by Act No. 120 / 1962 Coll., Act No. 53 / 1963 Coll., Act No. 56 / 1965 Coll., Act No. 81 / 1966 Coll., Act No. 148 / 1969 Coll., Act No. 45 / 1973 Coll., Act No. 43 / 1980 Coll., Legislative Act No. 457 / 1990 Coll., Act No. 93 / 1989 Coll., Act No. 159 / 1994 Coll., Act No. 47 / 1990 Coll., Act No. 557 / 1991 Coll., Act No. 84 / 1990 Coll., Act No. 105.
1. After Paragraph 25, the following Section 26 is inserted:
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;
(c) undergo treatment for addictive substances which are not protective treatments under this law;
(d) submit to appropriate psychological advice programmes;
(e) refrain from visits to inappropriate environments and contact with certain persons;
f) abstain from gambling, gambling and betting.
(5) 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.
(6) If, within one year of the expiry of the probationary period of the decision referred to in paragraph 5, the court has not taken the blame without the offender whose punishment has been waived, he shall be deemed to have proved himself.
(7) 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 looked upon as if he had not been convicted. "
2. In paragraph 34 (j), the dot is replaced by a comma at the end and the following words are added: "In particular, taking into account the importance of the protected interest which has been affected by the act, the manner in which the action has been carried out and its consequences, the circumstances in which the offence was committed, the person responsible, the degree of his fault, his motive and the time since the last conviction."
3. In Paragraph 57, the present text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) Taking into account the degree of social danger of the offence, the possibility of rectification and the proportions of the offender and the degree of threat to the safety of people, property or other general interest, the court may impose an expulsion sentence of one year to ten years or for an indefinite period.
(3) The Court of First Instance shall not impose an expulsion sentence if:
(a) the nationality of the offender has not been established;
(b) the offender has been granted asylum,
(c) the offender is allowed a long-term stay in the territory of the Czech Republic, has a working and social background and the imposition of expulsion sentences would be contrary to the interest in family reunification; or
(d) there is a risk that the offender will be persecuted for his race, nationality, belonging to a particular social group, political or religious thinking, or if expulsion would expose the perpetrator to torture or inhuman or degrading treatment or punishment. "
4. In Article 59 (2), the following is inserted after the words "adequate restrictions": "and the appropriate obligations referred to in Article 26 (4)."
5. After Paragraph 60, the following Sections 60a and 60b are inserted:
"Suspended sentence to prison sentence supervised
(1) Under the conditions laid down in Paragraph 58 (1), the court may, on condition, suspend the execution of a prison sentence of not more than three years if it also declares supervision of the offender.
(2) In a conditional conviction with supervision, a trial period shall be set by the court for one year to five years; the probationary period begins with the legal power of the judgment.
(3) The court may impose reasonable restrictions or even reasonable obligations on a convicted person who has been supervised in accordance with Article 26 (4) to lead a proper life; It is usually also to be imposed on him to make good the damage caused by the offence.
(4) If the suspended sentenced person in respect of whom supervision has been given 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; otherwise decide, if necessary during the probationary period, that the sentence is to be executed.
(5) If, within one year of the expiry of the probationary period of the decision referred to in paragraph 4, the court has not taken a decision without having been the subject of a conditionality, the defendant shall be deemed to have proved himself.
(6) If it has been said that a conditionally convicted person has proved himself or if he thinks that he has proven himself, he looks at the perpetrator as if he is not convicted. If the court decides to execute the sentence under paragraph 4, it shall also decide how the sentence is to be enforced.
As regards the relationship between the suspension of the execution of the sentence and the other penalties imposed in addition to the sentence, the withdrawal of the guarantee for the correction of the offender and the calculation of the period of time during which the convicted person with supervision has had a proper life during the trial period shall apply mutatis mutandis to the new trial period. ';
6. In Paragraph 89 (16), the following sentence is added: "The provisions on matters shall also apply to securities."
7. In Paragraph 90, the following paragraph 2 is inserted after paragraph 1:
"(2) Where the law provides that the offender must bear a specific characteristic, capacity or status, it shall be sufficient that the specific property, capacity or status is given to the legal person on whose behalf the offender acts. ';
Paragraphs 2, 3 and 4 shall be renumbered paragraphs 3, 4 and 5, in the new paragraph 3 the words "paragraph 1 'shall be replaced by the words" paragraphs 1 and 2' and the words "paragraph 3 'in the new paragraph 5 shall be replaced by the words" paragraph 4'.
8. Section 102, including the title, and Section 103, shall be deleted.
9. § 125, including the title reads:
Distortion of economic and equity data
(1) Who does not keep books, records or other documents for the purpose of an overview of the state of the economy or property or of their control, although legally required, or
who, in such books, records or other documents, shall give false or grossly misrepresentation; or
who has destroyed, damaged, rendered unfit or withheld such books, records or other documents
in order to jeopardise the property rights of another or early and proper tax assessment, he will be punished by deprivation of liberty for six months to three years or by prohibition of activity or by financial punishment.
(2) In the same way, it will be punished who gives false or grossly distorted information in the documents used for registration.
(3) By withdrawing liberty for one year to five years, the offender shall be punished if the action referred to in paragraph 1 or 2 causes significant damage to foreign property or any other particularly serious consequence. ';
10. The following Section 126 is inserted after Section 125, including the title:
Infringement in bankruptcy and compensation proceedings
Any person who, after a declaration of bankruptcy, obstructs or grossly impedes the performance of the duties of the trustee of bankruptcy and thereby endangers the full and correct detection of assets belonging to the bankruptcy or the liquidation of such assets shall be punished by deprivation of liberty for six months to three years, or by prohibition of activity or by financial punishment. ';
11. The following Section 129 is inserted after Section 128c, including the title:
Issue of false confirmation
Any person, on behalf of a bank or other legal person authorised to conduct a financial activity under a special law or as an auditor, who issues another false certificate of his financial situation or property situation, shall be punished by deprivation of liberty for up to two years, or by prohibition of activity or by financial punishment. ';
12.
Common provision
The protection provided for in Articles 140 to 142 shall also be granted to foreign, domestic and foreign non-cash means of payment, as well as domestic and foreign securities. '
13.
Infringement of prohibitions at time of emergency in the foreign exchange economy
Those who, at the time of the emergency situation in the foreign exchange economy, violate the prohibitions laid down by the foreign exchange law on the emergency situation in the foreign exchange economy and apply to the declared emergency situation shall be punished by the withdrawal of liberty for one to six years. ';
14. The following Sections 147 and 147a are inserted after Section 146:
Non-payment of tax, social security, health insurance and contribution to state employment policy
(1) Those who, as a payer to a greater extent, do not fulfil their legal obligation to pay tax, social security or health insurance, or a contribution to national employment policy, will be punished by deprivation of liberty for six months to three years or by a penalty of money.
(2) By withdrawing liberty for one year to eight years, the offender shall be punished if the action referred to in paragraph 1 benefits a large extent.
Specific provisions on effective regret
The penalty for non-payment of the tax, social security, health insurance and the contribution to the state employment policy (Section 147) shall cease if the offender has fulfilled his obligation in addition before the Court of First Instance began to declare the judgment. '
15. in Paragraph 148 of the title, the word "benefits" is replaced by "compulsory payments," in paragraph 1, the word "levy" is replaced by "compulsory payment," and the following paragraph 2 is inserted after paragraph 1:
"(2) In the same way, he shall be punished for drawing an advantage on some of the compulsory payments referred to in paragraph 1. ';
Paragraphs 2 and 3 shall be renumbered paragraphs 3 and 4 and in the new paragraph 3 (a) and in the new paragraph 4 the following words shall be inserted after the words "paragraph 1 ':" or 2'.
16. After Paragraph 148a, the following Section 148b is inserted:
Failure to fulfil the reporting obligation in tax proceedings
(1) Those who fail to fulfil their legal reporting obligation to the tax administrator and thus jeopardise to a greater extent the correct and timely measurement of the tax to another person or its enforcement will be punished by deprivation of liberty for six months to three years.
(2) By withdrawing liberty for one year to five years, the perpetrator will be punished if such action causes considerable damage. "
17. in Article 150 (1), the words "or services" and the words "six months" shall be replaced by "two years."
18. In Paragraph 151, the words "one year 'are replaced by the words" two years'.
19. Paragraph 156 (3) shall be deleted.
20. In Article 167 (1), the following shall be inserted after the words "fraud pursuant to Article 250 (4)": "insurance fraud under Article 250a (5), credit fraud under Article 250b (5),"
21. The following Section 176a is inserted after Section 176, which includes the title:
Illegal production and possession of a State seal and official stamp
Any person who illegally produces, procures or holds a State seal or stamp of a public authority with a representation of a State emblem or stamp, the imprint of which is a mandatory part of documents declared public by special regulations or an object capable of performing their duties, shall be punished by deprivation of liberty for up to one year or by prohibition of activity or by a penalty of money. ';
22. In Paragraph 217, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) By withdrawing liberty for up to one year or by penalty of money, the offender will be punished if, even out of negligence, he allows a person under 18 years of age to play on a playing machine equipped with a technical device that affects the outcome of the game and provides the possibility of a cash prize."
23. In Section 249b, the words "another credit card 'are replaced by the words" another non-transferable credit card, identifiable by name or number,'.
24. In Article 250 (1), a comma is inserted after the word "error" and the words "or make use of someone's error" shall be replaced by the words "make use of someone's error or hide the essential facts."
25. The following Sections 250a and 250b are inserted after Section 250:
Insurance fraud
(1) Any person who, when negotiating an insurance contract or when exercising his right to benefit from such a contract, gives false or grossly distorted information or withdraws substantial information shall be punished by deprivation of liberty for up to two years or by a prohibition of activity or by a penalty or forfeiture of money.
(2) In the same way, it will be punished who intentionally causes an insurance claim or who maintains the condition of the insurance claim to increase the damage caused.
(3) By withdrawing liberty for six months to three years, or by punishable money, the perpetrator shall be punished if the action referred to in paragraph 1 or 2 causes damage to foreign property not minor.
(4) By withdrawing liberty for two years to eight years, the perpetrator will be punished,
(a) commit the act referred to in paragraph 1 or 2 as a member of an organised group;
(b) if such an act on foreign property causes significant damage or any other particularly serious consequence.
(5) By withdrawing liberty for five to twelve years, the perpetrator shall be punished if the act referred to in paragraph 1 or 2 causes damage to a large extent to foreign property.
Credit fraud
(1) Any person who, when negotiating a credit agreement or in an application for a subsidy or subsidy makes false or grossly distorted data or omitted material information, will be punished by deprivation of liberty for up to two years or by a ban on activity or by a financial penalty.
(2) In the same way, it will be punished who, without the consent of the creditor or other beneficiary, will use a loan, subsidy or subsidy for a purpose other than the intended purpose.
(3) By withdrawing liberty for six months to three years, or by punishable money, the perpetrator shall be punished if the action referred to in paragraph 1 or 2 causes harm not minor.
(4) By withdrawing liberty for two years to eight years, the perpetrator will be punished,
(a) commit the act referred to in paragraph 1 or 2 as a member of an organised group; or
(b) if such an act causes significant damage or any other particularly serious consequence.
(5) By withdrawing liberty for five to twelve years, the offender shall be punished if the action referred to in paragraph 1 or 2 causes damage to a large extent. ';
Paragraph 250a is renumbered Article 250c.
Article 26 (255) shall be added to the following paragraph 3:
"(3) By withdrawing liberty for two years to eight years, the perpetrator shall be punished if, by the act referred to in paragraph 1, he causes damage to a large extent. '
27. Article 256 (1) reads as follows:
"(1) Who even partially thwarts the satisfaction of his creditor by
(a) destroy, damage, conceal, forgo, render unfit or remove part of its property;
(b) pretend or recognise a non-existing right or obligation;
(c) it seems to diminish its assets; or
(d) in a court of law, refuse to comply with the legal obligation to make a declaration of his or her property or the property of the legal person for which he or she is entitled to act, or in such a statement he or she shall give false or grossly misrepresentation;
he shall be punished by deprivation of liberty for up to one year or by financial punishment. ';
28. Paragraph 256b, including the title, reads:
Pletches in bankruptcy and settlement management
(1) As a bankruptcy creditor in connection with a vote at a creditors' meeting or in connection with a vote at a forced settlement or as a creditor in connection with a vote at a settlement meeting, who accepts or promises an asset or other benefit, will be punished by deprivation of liberty for up to one year or by a penalty.
(2) In the same way, it will be punished who will offer, offer or promise an asset or other benefit to the creditor in connection with the vote at the creditors' meeting or in connection with the vote on the forced compensation for the settlement agreement.
(3) By withdrawing liberty for up to two years or by means of a financial penalty, it will be punished who, as the equalisation trustee, the trustee of bankruptcy or a member of the creditors' committee in bankruptcy, will accept or make a promise to himself or others to the detriment of creditors of property or other benefits which are not his due.
(4) By withdrawing liberty for six months to three years, the offender shall be punished if the action referred to in paragraph 1, 2 or 3 causes significant damage.
(5) By withdrawing liberty for two years to eight years, the perpetrator shall be punished if, by the act referred to in paragraph 1, 2 or 3, he causes damage to a large extent. '
29. In Article 257 (3), "one to five years' is replaced by" two to eight years'.
Transitional and final provisions
1. The sentence imposed before the application of this law for an act which is not a criminal offence under that law shall not be enforced; the provisions of the Comprehensive Penalty Act shall not be used in such a case. If a total or aggregate sentence has been imposed for such an act and a collectible offence, the court shall reduce the sentence accordingly; taking into account the mutual proportion of the seriousness of the acts which have not been criminal since the effectiveness of this law and the collectible offences.
2. This Act shall take effect on 1 January 1998.
Zeman v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 253 / 1997 Coll., amending and supplementing Act No. 140 / 1961 Coll., Criminal Act, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.10.1997 |
|---|---|
| Effective from | 01.01.1998 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Criminal law
Criminal law substantive
The regulation text is for informational purposes only.
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