Act No. 330 / 2011 Coll.
Act amending Act No. 40 / 2009 Coll., Criminal Code, as amended, and Act No. 141 / 1961 Coll., on Criminal Procedure, as amended
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Effective from 01.12.2011
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01.12.2011
14.11.2011
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330
THE LAW
of 7 October 2011
amending Act No. 40 / 2009 Coll., the Criminal Code, as amended, and Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Penal Code
Act No. 40 / 2009 Coll., Criminal Code, as amended by Act No. 306 / 2009 Coll. and Act No. 181 / 2011 Coll., is amended as follows:
1. In Paragraph 55 (2), "three years' is replaced by" five years';
2. Paragraph 60 (3) reads as follows:
"(3) The sentence of house arrest shall consist of the obligation of the sentenced to stay for the duration of that sentence in the designated residence or part thereof in a court-appointed period of time, unless it is prevented from doing so for important reasons, in particular the pursuit of a job or profession or the provision of medical care in a healthcare establishment as a result of his illness or accident; the medical establishment shall, upon request of the law enforcement authority, communicate that fact to it. ';
3. In Paragraph 60, the following paragraph 4 is inserted after paragraph 3:
"(4) The court shall determine the period in which the sentenced person is obliged to stay in the designated residence or part thereof, on working days, on days of working time and leave, taking into account in particular his working time and the time needed to travel to work, to take care of minors and to deal with the necessary personal and family matters, so that, while ensuring all the necessary needs of the sentenced person and his family, he may be adequately brought free. The court may authorise the defendant to attend regular services or religious gatherings even on days of rest and leave. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
4. Paragraph 61, including the title, reads:
Transformation of a house arrest sentence
If, at the time of the conviction until the end of the sentence of house arrest, the offender avoids the execution of the sentence without serious reason, he or she infringes the conditions for the execution of the sentence of house arrest, otherwise he or she fails to execute the sentence imposed within the prescribed period of time, the court may amend the sentence, even during the period prescribed for his or her execution, the sentence of house arrest or the remainder of the sentence of imprisonment, and decide at the same time how it is to be executed; Each and every single day of outstanding house arrest shall be counted as one day in jail. ';
5. In Paragraph 65 (1), "one year 'is replaced by" two years';
6. Paragraph 65 (2) reads:
"(2) If, at the time of the sentence until the end of the sentence of general service, the offender does not lead a proper life, he avoids the taking of the sentence without serious cause, he violates the conditions for the execution of the sentence of general service, otherwise he or she fails to execute the sentence within the prescribed period, the court may change the sentence, even during the period prescribed for his or her execution, the sentence of general service or the remainder of the sentence,
(a) under the terms of Paragraph 60 (1), in the case of the sentence of house arrest and in the event that the execution of that sentence would be thwarted, provide for an alternative sentence of imprisonment which may not be more stringent than that which would threaten the perpetrator in the event of the conversion of the sentence of general service into a custodial sentence; Each and only one hour of non-execution of a public service sentence shall be counted as one day of house arrest; or
(b) in prison and at the same time decide how it is to be executed; Each and only one hour of non-execution of the sentence of community service shall be counted as one day in jail. ';
7. In Paragraph 89 (1), the second sentence is replaced by the following: "The Court of First Instance may at the same time issue supervision over the offender and at the same time require that, in the specified part of the probationary period, following the beginning of the probationary period, the offender is present at a specified time in his residence or part thereof."
8. In Paragraph 89 (2), the second sentence shall be replaced by the following: "The court shall order, in the probationary period, to stay in its residence or part thereof, or to carry out work for the benefit of municipalities, public or other public institutions, or to deposit a fixed amount of money to assist victims of crime on the court's behalf."
9. In the first sentence of Paragraph 89 (3), "paragraph 2 'is replaced by" paragraphs 1 and 2'.
10. In Article 99, the sentence "Without the conditions of Paragraph 100 (1) or (2), the court may change the constitutional protection treatment to security detention if the protection treatment imposed and carried out does not fulfil its purpose or ensures adequate protection of the company, in particular if the offender has escaped from the medical institution, has used violence against the staff of the medical institution or other persons in the exercise of the protection treatment or has repeatedly refused investigation or treatment or otherwise demonstrated a negative attitude towards the protection treatment '.
11. in Article 100 (1), the words "particularly serious" shall be deleted;
12. in Article 100 (2) (b), the words "particularly serious" shall be deleted;
13. in Article 145 (2) (g), the words "or after having committed another particularly serious crime linked to the intentional cause of serious harm to health or death or attempted it" shall be inserted after the word "again."
14. in Article 146a (4) (a), the words "1 or" shall be deleted;
15. in Article 192 (1) and (2) of the introductory part of the provision, the words "or person who appears to be a child" shall be inserted after the word "child."
16. In Article 205 (2), "the act referred to in paragraph 1 'is replaced by" such an act'.
17. in Paragraph 226 (4):
"(4) By withdrawing liberty for six months to three years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1, 2 or 3 causes significant damage;
(b) where such an act is of significant benefit to itself or to others; or
(c) if such an act is committed as an official person. ';
18. Paragraph 241 (1) reads as follows:
"(1) Who to the greater extent will not comply
(a) as an employer or a payer, his legal obligation to pay tax on behalf of an employee or another person, social security contributions, contributions to state employment policy or health insurance premiums; or
(b) as an employer, its legal obligation to pay insurance premiums for workers' accident insurance;
he shall be punished by deprivation of liberty for up to three years or by prohibition of action. ';
19. Paragraph 241 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
20. in Article 241 (2) and (3), the words "or 2" shall be deleted;
21. In Section 256, the following paragraph 4 is added:
"(4) Those who, in the circumstances referred to in paragraph 1, request, accept or make a promise of property or other benefit and commit such an act as an official, shall be punished by deprivation of liberty for three to ten years. ';
22. In Article 257 (2) of the Introductory Part of the Provisions and in Article 258 (2) of the Introductory Part of the Provisions, the words "one year to five years or a financial penalty 'are replaced by" two years to eight years'.
23. In Section 257 (3) of the Introductory Part of the Provisions, Section 258 (3) of the Introductory Part of the Provisions and Section 331 (3) of the Introductory Part of the Provisions, the words "two to eight years' are replaced by the words" three to ten years'.
24. in Paragraph 288 (2) (a), the word "or" shall be deleted;
25. in Article 288 (2) (b):
"(b) if such an act is committed against a child under 15 years of age, or";
26. in Article 288 (2), the following point (c) is added:
"(c) if such an act is committed to a significant extent against a child aged 15 or over."
27. in Article 288 (3) (c), the word "larger" is replaced by the word "significant."
Article 28 (293) and (294), including the headings, read:
Damage and environmental damage
(1) who, contrary to another legislation, intentionally harm or threaten the soil, water, air or other environmental component, to a greater extent or in a larger territory, or in such a way that it may cause serious harm to health or death or, if significant costs are to be incurred to eliminate the consequences of such action, or
who intentionally increase or make it difficult to avert or mitigate such damage or threat to the environment;
he will be punished by deprivation of liberty for up to three years or by prohibition of action.
(2) By withdrawing liberty for one to five years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 is committed again;
(b) if he has committed such an act because he has infringed an important obligation arising from his employment, profession, position or function or imposed upon him by law;
(c) if such action causes permanent or long-term damage to the environmental component;
(d) if costs are to be incurred to a large extent to eliminate the consequences of such an act; or
(e) if such an act intends to gain a significant benefit for itself or for others.
(3) By withdrawing liberty for two years to eight years, the perpetrator will be punished if he commits such an act intended to gain for himself or for another benefit of a large scale.
Damage and threat to the environment through negligence
(1) who, contrary to any other legislation of serious negligence, harm or threaten the soil, water, air or other environmental component, to a greater extent or in a larger territory, or in such a way as to cause serious harm to health or death, or if costs to a significant extent are to be incurred to eliminate the consequences of such action; or
who, out of serious negligence, will increase or make it difficult to avert or mitigate such damage or threat to the environment;
be punished by deprivation of liberty for up to six months or by prohibition of action.
(2) By withdrawing liberty for up to two years or banning action, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 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 action causes permanent or long-term damage to the environmental component; or
(c) if costs are to be incurred to a large extent to eliminate the consequences of such an act. ';
29. The following Section 294a is inserted after Section 294:
Water source damage
Those who, even out of gross negligence, cause damage to the water source for which a protection zone is established by means of which the reason for the special protection of the water source will cease to exist or is greatly weakened will be punished by deprivation of liberty for up to two years. "
30. In Paragraph 296, the following paragraph 3 is added:
"(3) Damage or threat to soil, water, air or other environmental components shall also mean the operation of equipment in which a hazardous activity is carried out or in which dangerous substances or mixtures are stored or used, without authorisation under another legislation. ';
31. in Paragraph 297 (1), the word "gross" shall be deleted;
32. The following Section 298a is inserted after Section 298:
Unauthorised production and other handling of ozone depleting substances
(1) Any person who, contrary to or otherwise handling another legislation to a non-small extent, produces, imports, exports, places on the market an ozone depleting substance, will be punished by deprivation of liberty for up to one year, prohibition of activity or forfeiture of an item or other property value.
(2) By withdrawing liberty for six months until three years, the perpetrator will be punished,
(a) if the act referred to in paragraph 1 is committed again;
(b) if such an act intends to gain a significant benefit for itself or for others; or
(c) commit such an act to a considerable extent. ';
33. Sections 299 to 301, including the headings, read:
Illegal treatment of protected wild fauna and flora
(1) Any person who, contrary to another legislation, kills, damages, withdraws from nature, processes, imports, exports, executions, stores, offers, mediates, himself or another provides an individual of a specially protected species of animal or plant or specimen of a protected species and commits such an act on more than 25 pieces of animals, plants or specimens shall be punished by deprivation of liberty for up to three years, prohibition of activity or forfeiture of a thing or other property value.
(2) In the same way, it will be punished who, contrary to other legislation, kills, damages, withdraws from nature, processes, imports, exports, executes, stores, offers, mediates, to himself or other individuals a strongly or critically endangered species of animal or plant or specimen of species directly threatened by extinction or extinction.
(3) Withdrawal of liberty for six months to five years, prohibition of activity or forfeiture of a case or other property value will punish the offender,
(a) commit the act referred to in paragraph 1 or 2 as a member of an organised group;
(b) if such an act intends to gain a significant benefit for itself or for others; or
(c) where such an act causes long-term or irreversible damage to the population of wild animals or to wild plants or to the local population or to the biotope of a specially protected species of animal or plant.
(4) By withdrawing liberty for two years to eight years, 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 intended to obtain for itself or for any other benefit of a large scale, or
(c) if such an act causes long-term or irreversible damage to the local population or biotope of a critically endangered species of animal or plant.
Illegal negligent treatment of protected wild fauna and flora
Any person who violates another legislation by killing, destroying, damaging, withdrawing from nature, processing, re-importing, exporting or executing, preserving, offering, brokering or providing himself or another individual with a specially protected species of animal or plant or specimen of protected species to a greater extent than 25 animals or individuals of a critically endangered species of animal or plant or specimen of a species directly threatened by extinction or extinction shall be punished by deprivation of liberty for up to one year, by a prohibition of activity or forfeiture or other property value.
Damage to protected parts of nature
Who, even out of gross negligence, breaks another legislation by damaging or destroying a memorable tree, an important landscape element, a cave, a specially protected territory, a European major location or bird area by destroying or significantly weakening the reason for protecting such a part of nature will be punished by deprivation of liberty for up to three years, by banning activity or forfeiting a thing or other property value. '
34. In Paragraph 304 (1), the word "catch 'is replaced by the word" hunt'.
35. in Paragraph 311 (2):
"(2) He'll still be punished,
who is threatening the conduct referred to in paragraph 1,
who is publicly encouraging such action; or
who support such conduct, terrorist or member of a terrorist group financially, materially or otherwise. ';
36. In Paragraph 329 (1) of the final part of the provision, the words "six months to three years' are replaced by the words" one year to five years'.
37. In Paragraph 329 (2) of the introductory part of the provision, the word "two 'is replaced by the word" three'.
38. In Paragraph 331 (1) of the final part of the provision, the word "three 'is replaced by" four'.
(39) In Article 337 (1) (a), the words "or for which such authorisation has expired" shall be inserted after the word "Regulation."
40. in Paragraph 342 (1):
"(1) Who consistently, repeatedly, under particularly exploitative working conditions or to a greater extent unduly employed or facilitated the employment of a stranger who is residing illegally in the Czech Republic or who does not have a valid employment permit, if required under another legislation, will be punished by deprivation of liberty for up to six months, forfeiture of a case or other property value or prohibition of activity."
41. in Paragraph 342, the following paragraph 2 is inserted after paragraph 1:
"(2) In the same way, it will be punished who employs or mediates the employment of a foreigner who is a child who is illegally staying in the Czech Republic or who does not have a valid employment permit under another legislation."
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
42. In Article 342 (3) of the introductory part of the provision and in Article 342 (4) and (5), the words "or 2" shall be inserted after the words "paragraph 1."
43. In Paragraph 351, the following is inserted after the words "in a referendum,":
"who, in connection with the exercise of the right to vote or the right to vote in a referendum, offers, or promises a financial, property or other similar benefit in order to vote or vote contrary to an independent expression of his will, ';
44. in Paragraph 352 (3):
"(3) As in paragraph 2, he will be punished,
(a) who join together or join together to commit such an act; or
(b) if the act referred to in paragraph 1 is committed by printing, film, radio, television, a publicly accessible computer network or by any other equivalent effective means. "
45. in Article 363 (2), the words "insolvency proceedings" shall be inserted after the words "activities (§ 216),"
46. in Article 363 (2), the words "negotiated advantage in the award of a public contract, in the tender and in the public auction (§ 256), in the procurement and in the tender (§ 257), in the public auction (§ 258)," shall be inserted after the words "games";
47. in Article 363 (2), the words "abuse of official authority (§ 329)" shall be inserted after the words "plants (§ 299),"
48. In Article 363 (2), the words "committed by members of an organised group, in conjunction with an organised group," shall be inserted after the words "to identify the perpetrators of crime."
49. In Article 368, at the end of paragraph 3, the sentence "The reporting obligation of a criminal offence in respect of trafficking in human beings pursuant to Article 168 (2) and the waiver of liberty (§ 170) shall also be added. '.
Amendment to the Code of Criminal Procedure
Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 99.
1. in Article 152 (1), the following point (c) is inserted after point (b):
"(c) costs associated with the use of the electronic control system for the suspension of the prison sentence,"
Points (c) and (d) shall be renumbered points (d) and (e).
2. Paragraph 152 (2) reads as follows:
"(2) The daily rate relating to the costs associated with the exercise of the custody, the costs associated with the use of the electronic control system for the suspension of prison sentences and the costs associated with the execution of the house arrest penalty and the method of payment of those costs shall be laid down by the Ministry of Justice in general law. ';
3. In Article 152 (3), "(d) 'is replaced by" (e)';
4. In Paragraph 155, the following paragraph 3 is inserted after paragraph 2:
"(3) The obligation for a sentenced person who has been suspended from the execution of a prison sentence shall be decided by the President of the Chamber of the Court of Justice who has released the sentenced person from the execution of the prison sentence. This shall apply mutatis mutandis to the specific provisions governing reimbursement of the costs associated with the execution of the house arrest penalty and the method of payment. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
5. In Article 155 (6), "4 'is replaced by" 5'.
6. In Section 156, "§ 152 (1) (d) 'is replaced by" § 152 (1) (e)';
7. In Paragraph 306a, the following paragraph 3 is inserted after paragraph 2:
"(3) The period from the legal authority condemning the judgment to its abolition in accordance with paragraph 2 shall not count in the limitation period."
Paragraph 3 shall become paragraph 4.
8. In Paragraph 334a (1) of the Introductory Part of the provision, the words "and the competent Centre of the Probation and Mediation Services' shall be inserted after the words" the sentenced '.
9. In Paragraph 334f, at the end of paragraph 4, the words "or for other reasonably serious reasons' shall be added.
10. § 334g, including the title reads:
Transforming a prison sentence into a prison sentence
(1) The President of the Chamber, acting on a proposal from the probation officer or without such a proposal, shall decide on the conversion of the sentence of house arrest into a custodial sentence.
(2) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 1. ';
11.
Transforming the sentence of community service into a sentence of house arrest or imprisonment
(1) The President of the Chamber shall, without undue delay on a proposal from the probation officer responsible for supervising the execution of the sentence or on a proposal from the municipal office or institution in respect of which the work is carried out, by means of that probation officer, decide on the conversion of the sentence of general service or the conversion of the remainder of the sentence into a house arrest or imprisonment, as well as on the retention of the sentence of general service in force in the establishment of supervision or other reasonable restrictions not yet imposed, proportionate obligations or, where appropriate, educational restrictions. Such decisions shall be notified by the President of the Chamber to the Centre for Probation and Mediation in the district of the court in which the sentence of public utility work is carried out.
(2) A complaint having suspensory effect shall be admissible against the decision referred to in paragraph 1. ';
12. In Article 351a, at the end of paragraph 1, the sentence "Constitutional protection treatment may, under the conditions laid down in the Code of Criminal Procedure, be converted by the court into a security detention where, on the basis of a proposal or report from a health care establishment describing the course and results of the previous treatment, the protective treatment carried out has not led to the fulfilment of its purpose for the behaviour of the person in whom the protection treatment is carried out, and such transformation requires effective protection of the company and the need for action on the person in whom the protection treatment is carried out by means of security detention '.
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Regulation Information
| Citation | Act No. 330 / 2011 Coll., amending Act No. 40 / 2009 Coll., Criminal Code, as amended, and Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.11.2011 |
|---|---|
| Effective from | 01.12.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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