Act No. 287 / 2018 Coll.
Act amending Act No. 40 / 2009 Coll., Penal Code, as amended, and some other laws
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13.12.2018
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287
THE LAW
of 15 November 2018
amending Act No. 40 / 2009 Coll., Penal Code, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Penal Code
Act No. 40 / 2009 Coll., penal code, as amended by Act No. 306 / 2009 Coll., Act No. 181 / 2011 Coll., Act No. 330 / 2011 Coll., Act No. 357 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 55 / 2012 Coll., Act No. 193 / 2012 Coll., Act No. 360 / 2012 Coll., Act No. 47 / 2012 Coll., Act No. 150 / 2016 Coll., Act No. 163 / 2016 Coll., Act No. 141 / 2012 Coll., Act No. 86 / 2015 Coll.
1. In § 33, the words "false accusation (§ 345), false testimony and false expert opinion (§ 346), false interpretation (§ 347), obstruction of justice (§ 347a)," are inserted after the words "(§ 344).
2. in Paragraph 34 (3) (c):
"(c) the period during which the victim of a serious harm to the health of a victim consisting of genital mutilation or sterilisation (§ 145), the unlawful interruption of pregnancy without the consent of a pregnant woman (§ 159), trafficking in human beings (§ 168), the introduction of an offence committed for the purpose of forcing another to marry (§ 172), extortion (§ 175) or oppression (§ 177) committed for the purpose of forcing another person to marry or suffering from an action aimed at causing severe harm to the health consisting of the mutilation of sex organs or of a criminal offence referred to in the head of the third special part of this Act on Human Digniting in the sexual field was under 18 years,";
3. In Section 54 (3) of the introductory part of the provision, the text "paragraph 2 'is replaced by the text" paragraph 3'.
4. In Paragraph 70 (1), the words "which the offender has acquired by or as remuneration for a criminal offence 'are replaced by" which is an immediate return on crime'.
5. in Article 70 (2) (a) and (b):
"(a) which is an instrument of crime; or
(b) which is a brokered return on crime where the value of the matter constituting the immediate return on crime is not negligible in relation to the value of the matter constituting the brokered return on crime. "
6. In Paragraph 70 (3), the second sentence is deleted.
7. In Article 88 (4), "§ 172 (3), (4) 'is replaced by" § 172 (2), (3)';
8. In Paragraph 101 (2) of the introductory part of the provision, the words "obtained by a criminal offence or as remuneration for a criminal offence or which, even in part, has been acquired for an offence obtained by a criminal offence or as remuneration for an offence, if the value of a case obtained by a criminal offence or as remuneration for it is not negligible in relation to the value of an acquired offence 'are replaced by the words" is an immediate return on a criminal offence or is an intermediate return on a criminal offence, if the value of a case constituting an immediate return on a criminal offence is not negligible in relation to the value of a case constituting an intermediate return on crime'.
9. Paragraph 101 (3) is deleted.
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
10. In Paragraph 101 (5), "5 'is replaced by" 4'.
11. in Article 102a (1), the words' is a yield 'are replaced by' originates';
12. In the second sentence of Paragraph 103 (1), "5 and 6 'is replaced by" 4 and 5'.
13. In Paragraph 104 (2), the text "Paragraph 101 (5) 'is replaced by" Paragraph 101 (4)' and the number "6 'is replaced by" 5'.
14. After Paragraph 135, the following Sections 135a and 135b are inserted:
Instrument for Crime
A criminal instrument means a thing which has been intended or used to commit a crime, including fruits and benefits.
Proceeds from crime
(1) The proceeds of crime are any economic advantage derived from an offence.
(2) An immediate return on crime is a matter which has been obtained or has been remunerated for by a criminal offence, including fruits and benefits.
(3) Intermediate return on crime means a matter, including fruits and benefits,
(a) which, even in part, has been acquired for a matter constituting an immediate return on crime;
(b) in which a matter constituting an immediate return on crime, even in part, has been transformed; or
(c) which has been evaluated, even in part, through a matter constituting an immediate return on crime. "
15. in Paragraph 172 (1), the words "abroad" are replaced by the words "to the Czech Republic or to another State" and the words "abroad" are replaced by the words "from the Czech Republic or from another State."
16. Paragraph 172 (2) is deleted.
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
17. in § 172 (2) (a) and § 172 (3) (a), the words "or 2" shall be deleted;
Article 18 (214) and (215) are deleted.
19. Paragraph 216, including the title, reads:
Legalisation of proceeds from crime
(1) Who hides, transmits, stores or uses a thing which is the proceeds of a crime committed in the territory of the Czech Republic or abroad by another person; or
who transforms such a thing in order to allow another person to escape prosecution, punishment or protection measures or their execution; or
who collects to commit such a crime,
he will be punished by deprivation of liberty for up to four years, by punishment, prohibition of action or forfeiture.
(2) Who obscures the origin of a case which is the proceeds of a crime committed in the territory of the Czech Republic or abroad, in particular by concealing or concealing its true nature, location, movement, handling, ownership or other right to it, or who otherwise seeks to make it substantially more difficult or impossible to establish its origin; or
who collects to commit such a crime,
he will be punished by deprivation of liberty for six months to five years, by punishment, prohibition of action or forfeiture.
(3) By withdrawing liberty for one year to six years, or by punishing the perpetrator,
(a) if the act referred to in paragraph 1 or 2 is committed in relation to a criminal case,
(b) commit such an act in relation to a matter of greater value; or
(c) if such an act is of greater benefit to themselves or to others.
(4) By withdrawing liberty for two years to eight years or forfeiting property, 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 is committed in relation to a particular serious crime;
(c) if such an act is committed in relation to a matter of considerable value;
(d) if such an act is of significant benefit to itself or to others; or
(e) if he has committed such an act because he has violated an important obligation arising from his employment, profession, position or function or imposed upon him by law.
(5) By withdrawing liberty for three years to ten years or forfeiting property, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 or 2 is committed in conjunction with an organised group operating in several States;
(b) if such an act is committed in relation to a matter of great value, or
(c) obtained by such an act for himself or for any other benefit of a large scale. ';
20. After Section 216, the following Section 216a is inserted:
Specific provisions on penalties
In determining the type of punishment and its classification as a criminal offence, the court shall also take into account the amount of the criminal rate set out for the criminal offence from which the proceeds from the crime come, provided that the criminal law provides for a lighter penalty for that offence. ';
21.
Legalisation of the proceeds of crime by negligence
(1) Anyone who makes it possible by negligence to conceal the origin or finding the origin of a case of greater value, which is the proceeds of a crime committed in the territory of the Czech Republic or abroad, will be punished by deprivation of liberty for up to one year, prohibition of activity or forfeiture of the case.
(2) In the same way, it will be punished who, out of negligence, hides, transfers, harbours or uses a greater value, which is the proceeds of criminal activity committed in the Czech Republic or abroad by another person.
(3) By withdrawing liberty for up to three years, the perpetrator will be punished.
(a) if the act referred to in paragraph 1 or 2 has been committed because it has infringed an important obligation arising from his employment, profession, position or function or imposed on him by law;
(b) if such an act is committed in relation to a crime-related matter,
(c) if such an act is committed in relation to a matter of significant value; or
(d) if such an act is of considerable benefit to itself or to others.
(4) By withdrawing liberty for one to five years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 or 2 has been committed in relation to a particular serious crime;
(b) if such an act is committed in relation to a matter of great value, or
(c) obtained by such an act for himself or for any other benefit of a large scale. ';
22. In Article 311, the following paragraph 1 is added:
"(1) Who intends to harm the constitutional establishment or defence of the Czech Republic, to disrupt or destroy the fundamental political, economic or social structure of the Czech Republic or of an international organisation, to seriously intimidate the population or to illegally force a government or another public authority or an international organisation to act, ignore or suffer,
(a) destroy or damage, to a greater extent, public spaces, property or public facilities, transport or telecommunications systems, fixed platforms on the mainland, energy, water, medical or other important equipment, including a computer system, the operation of which is dependent on such equipment, system or platform, in order to release the property at risk of damage of large scale;
(b) disturb or interrupt the supply of water, electricity or other basic natural resources in order to release the property in danger of damage of a large scale;
(c) the aircraft, ship, other means of passenger or freight transport or fixed platforms on the mainland or over such a means of transport or a fixed platform carry out control or destroy or damage navigation equipment or, to a greater extent, interfere with its operation or communicate important false information, thereby giving the property at risk of damage of a large scale;
(d) imposes foreign property at a risk of serious damage by causing or increasing the risk of fire or flood or the harmful effect of explosives, gas, electricity or other similar dangerous substances or forces, or
(e) by inserting data into a computer system or on a medium of information, or by erasing or otherwise destroying, damaging, changing or suppressing data stored in a computer system or on a medium of information, reducing their quality or making it unfit, it will carry out an attack against a computer system, the disruption of which would have a serious impact on the functioning of the State, the health of persons, the safety, the economy or the safeguarding of the essential life needs of the population, an attack with an impact on a larger number of computer systems, using a computer program created or adapted for such an attack or an attack which causes significant damage;
he shall be punished by deprivation of liberty for three to twelve years, or, in addition to that punishment, by forfeiture of property. "
Paragraphs 1 to 3 shall be renumbered paragraphs 2 to 4.
23. in Article 311 (2) (c):
"(c) destroy or damage to a greater extent public spaces, property or public facilities, transport or telecommunications systems, fixed platforms on land, energy, water, medical or other important equipment, including a computer system, whose operation is dependent on such equipment, system or platform, in order to endanger human life or the safety of such an area, equipment, system or platform;"
24. in Article 311 (2) (d), the words "or the issue of property in danger of serious damage" shall be deleted;
25. in Article 311 (2) (e):
"(e) the aircraft, ship, other means of passenger or freight transport or fixed platforms on the mainland or over such a means of transport or a fixed platform carry out control, destruction or serious damage to navigation equipment or, to a greater extent, interfere with its operation or communicate important false information, thereby endangering the life or health of people or the safety of such a means of transport;"
26. in Paragraph 311 (2) (g), the words "or foreign property in danger of damage of large scale" shall be deleted;
27. in Article 311 (3) (a), the words "or 2" shall be inserted after the words "1."
28. in Article 311 (3), point (d) is deleted;
Points (e) to (h) shall be renumbered as points (d) to (g).
29. in Article 312c (2), the words "participation (§ 214)" shall be deleted;
30. Paragraph 312e (3) reads:
"(3) As in paragraph 2, he will be punished,
(a) who travels to another State or the Czech Republic for the purpose of committing a terrorist offence, a criminal offence involving a terrorist group (§ 312a), a threat to a terrorist offence (§ 312f) or an offence referred to in paragraph 2 (b). (b) or (c); or
(b) whoever organises for another such travel, directs or makes it easier for another to travel. "
(31) In Article 332 (1), the words "offer, offer or promise a bribe" shall be inserted after the words "Who" and the words "offer, offer or promise a bribe" shall be deleted.
32. In Article 332 (1) of the Alinea 2, the words "itself or through another shall be inserted after the word" who "and the words" provide, offer or promise a bribe "shall be deleted.
33. In Article 333 (1) and (2), the words "alone or through another" shall be inserted after the words "who."
34. in Article 334 (2) (c), the words "or acting on behalf of such an organisation" shall be inserted after the word "institution."
35. In Section 345 (3) of the introductory part of the provision, the words "two years to eight 'are replaced by the words" one year to five'.
36. in Paragraph 345 (3) (a):
"(a) if the act referred to in paragraph 1 or 2 intends to obtain for itself or for any other benefit,";
37. in Paragraph 345 (4):
"(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) cause significant damage to such an act; or
(c) if such an act is of considerable benefit to itself or to others. ';
38. In Paragraph 345, the following paragraph 5 is added:
"(5) By withdrawing liberty for three years to ten years, the perpetrator will be punished,
(a) cause damage to a large extent by the act referred to in paragraph 1 or 2; or
(b) obtained by such an act for himself or for any other benefit of a large scale. ';
39. in Article 346 (2) of the final part of the provision and in Article 347 (2), the words "for six months to" shall be replaced by the words "except for."
40. In Article 346 (3) of the Introductory Part of the Provisions and in Article 347 (3) of the Introductory Part of the Provisions, the words "two years to ten 'are replaced by the words" one year to five'.
41.In Article 346 (3) and Article 347 (3) (a):
"(a) if the act referred to in paragraph 1 or 2 intends to obtain for itself or for any other benefit, or";
42.In Articles 346 and 347, paragraphs 4 and 5 are added:
"(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) cause significant damage to such an act; or
(c) if such an act is of considerable benefit to itself or to others.
(5) By withdrawing liberty for three years to ten years, the perpetrator will be punished,
(a) cause damage to a large extent by the act referred to in paragraph 1 or 2; or
(b) obtained by such an act for himself or for any other benefit of a large scale. ';
43. In Article 347 (2), the words "before a notary as a judicial commissioner" shall be inserted after the words "by a judicial authority."
44. The following Section 347a is inserted after Section 347:
Obstruction of justice
(1) Who, for the purposes of initiating proceedings before a court, before an international judicial authority or criminal proceedings, or in such proceedings, submits a material or documentary evidence which is of substantial importance for a decision which he knows is falsified or amended, intending to be used as genuine, or falsifying or amending such evidence in order to be used as genuine, shall be punished by deprivation of liberty for up to two years.
(2) Any person who provides, offers or promises to benefit another or for another for the purpose of committing a criminal offence of false accusation (§ 345), false statements and false expert opinion (§ 346) or false interpretation (§ 347) will be punished by deprivation of liberty for up to three years.
(3) By withdrawing liberty for one to five years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 or 2 intends to obtain for itself or for any other benefit,
(b) if such an act is committed as an official person,
(c) if such an act intends to cause serious harm to another person's employment, to disrupt his family relations or to cause him any other serious harm; or
(d) if he has committed such an act on another person who has carried out his duty towards him arising from his employment, profession, position or function or imposed upon him by law.
(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) cause significant damage to such an act; or
(c) if such an act is of considerable benefit to itself or to others.
(5) By withdrawing liberty for three years to ten years, the perpetrator will be punished,
(a) cause damage to a large extent by the act referred to in paragraph 1 or 2; or
(b) obtained by such an act for himself or for any other benefit of a large scale. ';
45. in Paragraph 367 (1), the words "§ 172 (3) and (4)" shall be replaced by the words "§ 172 (2) and (3)," the words ", the holding company referred to in § 214 (3) and (4)" shall be deleted and the words "and 5" shall be inserted after the words "§ 216 (4)";
46. At the end of footnote 1, the sentence "Directive (EU) 2017 / 541 of the European Parliament and of the Council of 15 March 2017 on the fight against terrorism replacing Council Framework Decision 2002 / 475 / JHA and amending Council Decision 2005 / 671 / JHA is added to the separate line. '.
Amendment to the Code of Criminal Procedure
Act No. 1 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5 / 2006, Act No. 5, Act No. 5, Act No. 5, No 2006, No 2006 / 2006, Act No. 5, No. 5, Act No. 5, No. 5, No 5, No. 5, No. 5, No. 5, No 5, No. 5, No 5
1. The following Section 7b is inserted after Section 7a:
(1) Where it is necessary to prevent the loss, destruction or alteration of data relevant to criminal proceedings stored in a computer system or on a medium of information, the person who holds or controls those data may be ordered to keep such data unchanged for the period laid down in the order and to take the necessary measures to prevent the disclosure of information on the maintenance of the data.
(2) Where this is necessary to prevent the continuation or recurrence of a crime, the person who holds or controls data stored in a computer system or on a medium of information may be ordered to prevent the access of other persons to such data.
(3) The order referred to in paragraph 1 or 2 shall be issued by the President of the Chamber and in the preparatory procedure by a prosecutor or police authority. The police authority shall require the prior consent of the prosecutor to issue such an order; without prior consent, an order may be issued by a police authority only if the prior consent cannot be obtained and the case cannot be delayed.
(4) The order referred to in paragraph 1 or 2 shall indicate the data to which the order relates, the reason for which the data are to be stored or to be denied access and the period during which those data are to be stored or access which must not exceed 90 days. The command shall contain a lesson on the consequences of disobeying the command.
(5) The authority which issued the order referred to in paragraph 1 or 2 shall deliver it without delay to the person to whom it is directed. "
2. In Paragraph 31, at the end of paragraph 1, the sentence "The exclusion of a Supreme Court judge shall be decided by another Chamber of the same court."
3. In Paragraph 31 (2), the words "first and second sentences' shall be inserted after the words" paragraph 1 '.
4. In Paragraph 35 (1), the second sentence is replaced by the following: "For each action of criminal proceedings, the lawyer may be represented by an associate. The defendant may not represent the lawyer in proceedings before the Regional Court as a court of first instance, before the Supreme Court or the Supreme Court; the associate may also consult the files in these proceedings. ';
5. In the first sentence of Article 48 (4), in the first sentence of Article 79f (2), in the first sentence of the first sentence of Article 344b (3), and in the first sentence of Article 349 (3), the words "after the legal authority of a resolution on collateral 'shall be inserted after the words" at any time'.
6. in Article 77b (1) (b) and (c):
"(b) is an instrument of crime,
(c) is a return on crime, or ';
7. In Part One, Title Four, Title 3, the words "criminal activities' shall be inserted after the words" instruments'.
8. In Section 79a, the words "criminal activities' shall be inserted after the word" instruments'.
9. in § 79a (1), first sentence, § 79g (1), first sentence, § 146a (1) (c) and in § 146a (2), first sentence, the words "crime" shall be inserted after the word "instrument."
10. In the first sentence of Paragraph 88 (1), the words, "false accusations pursuant to § 345 (3) to (5) of the Criminal Code, false statements and false expert opinions pursuant to § 346 (3) to (5) of the Criminal Code, false interpretations pursuant to § 347 (3) to (5) of the Criminal Code," shall be inserted after the words "Paragraph 329 of the Criminal Code."
11. In Paragraph 91 (1), at the end of the first sentence, the words "and the criminal consequences of perjury and slander" shall be added.
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Regulation Information
| Citation | Act No. 287 / 2018 Coll., amending Act No. 40 / 2009 Coll., Criminal Code, as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.2018 |
|---|---|
| Effective from | 01.02.2019 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Criminal law
Criminal law substantive
The regulation text is for informational purposes only.
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