Act No. 455 / 2016 Coll.
Act amending Act No. 40 / 2009 Coll., Penal Code, as amended, and other related laws
Valid
Law
Effective from 01.02.2017
455
THE LAW
of 30 November 2016
amending Act No. 40 / 2009 Coll., Penal Code, as amended, and other related 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. 193 / 2012 Coll., Act No. 360 / 2012 Coll., Act No. 390 / 2012 Coll., Act No. 150 / 2016 Coll., Act No. 163 / 2016 Coll., Act No. 141 / 2012 Coll., Act No. 86 / 2015 Coll., Act No. 165 / 2015 Coll., Act No. 377 / 2015 Coll.
1. In Article 7 (1), the words ", participation in a terrorist group (§ 312a), financing of terrorism (§ 312d), support and promotion of terrorism (§ 312e), threat of terrorist crime (§ 312f) 'and the words" participation in an organised criminal group pursuant to § 361 (2), (3)' are deleted.
2. In Article 33, the words ", financing of terrorism (§ 312d), support and promotion of terrorism (§ 312e) 'are inserted after the words" (§ 312)'.
3. In Article 35 (b), the words "treason (§ 309) 'shall be inserted after the words" acts'.
4. In Article 54 (3), the text "Article 311 (3) 'is replaced by" Article 311 (2)'.
5.
Organised Crime Group
The organised crime group shall be a community of at least three criminally responsible persons with an internal organisational structure, with a division of functions and a division of activities aimed at the continuous commission of intentional crime. ';
6. The following Section 129a is inserted after Section 129:
Terrorist Group
(1) The terrorist group is a community of at least three criminally responsible persons of a more permanent nature, a division of activities between its individual members, its activity is characterised by planning and coordination and is aimed at committing a crime of treason committed by a terrorist attack or terror (§ 309), a terrorist attack (§ 311) or a terrorist offence (§ 312) (hereinafter referred to as "terrorist offence").
(2) Compliance with the characteristics of a terrorist group shall not preclude the application of the provisions of this and other laws on the organised group and the organised criminal group; Paragraph 361 and 363 shall not apply. ';
7. in § 173 (2) (d), § 175 (3) (b), § 205 (5) (b), § 206 (5) (b), § 207 (3) (b), § 209 (5) (b), § 210 (6) (b), § 211 (6) (b) and § 212 (6) (b), the words "crime of treason (§ 309), terrorist attack (§ 311) or terror (§ 312)" shall be replaced by "terrorist offence, terrorist financing (§ 312d) or threat of terrorist crime (§ 312f)";
8. in Article 311 (1) (f):
"(f) produce or otherwise acquire, retain, import, transport, export or otherwise supply or use explosives, nuclear material, nuclear, biological, chemical or other weapon, weapon of a combat or material of a similar nature, or undertake research and development of nuclear, biological, chemical or other weapons or weapon or explosive; or ';
9. Paragraph 311 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
10. in Article 311 (2) (a), the words "or 2" shall be deleted;
11. The following Sections 312a to 312f are inserted after Section 312, including the headings:
Participation in a terrorist group
(1) Those who establish a terrorist group or who participate in the terrorist group will be punished by deprivation of liberty for three to twelve years, or, in addition to that, by forfeiture of property.
(2) Withdrawal of liberty for five to 15 years, or, in addition to this punishment, forfeiture of property, the offender shall be punished if the offence referred to in paragraph 1 is committed
(a) as a leader or representative of a terrorist group; or
(b) as a founder or member of a terrorist group which fulfils the characteristics of an organised criminal group.
(3) Withdrawal of liberty for 12 to 20 years, or, in addition to this punishment, forfeiture of property, the offender shall be punished if the offence referred to in paragraph 1 is committed
(a) as a leader or representative of a terrorist group which fulfils the characteristics of an organised criminal group; or
(b) for a state of state or war.
(4) Paragraphs 107 and 108 shall not apply to the perpetrators referred to in paragraphs 1 to 3.
Specific provisions on effective regret
Those who commit an act referred to in Article 312a shall not be punishable if they have made a notification of a terrorist group to the public prosecutor or to the police authority at a time when the danger created by the interest protected by this law from an act of a terrorist group other than those referred to in Article 312a could still be eliminated. A soldier can make such an announcement to a superior.
Agent impunity
(1) An agent carrying out tasks as an agent under another legislation (hereinafter referred to as "agent") involved in the activities of a terrorist group shall not be punishable by the offence of participation in a terrorist group pursuant to Paragraph 312a if he has committed or prevented the commission of a criminal offence committed by members of a terrorist group, in conjunction with, or for the benefit of, a terrorist group.
Article 3 (1) (a) of Regulation (EC) No 1107 / 2009.
(3) An agent who has set up or planned a terrorist group or an agent who is the leader or representative of a terrorist group does not become impunity.
Financing of terrorism
(1) Those who, by themselves or through other financial or material means, support a terrorist group, its member, a terrorist or the commission of a terrorist offence, a crime of support and promotion of terrorism (§ 312e), or threaten a terrorist offence (§ 312f), or collect funds or other items intended to be used in this way, shall be punished by deprivation of liberty for three to twelve years, or, in addition to such punishment, by forfeiture of property.
(2) Withdrawal of liberty for five to 15 years, or, in addition to this punishment, forfeiture of property, the offender shall be punished if the offence referred to in paragraph 1 is committed
(a) as a member of an organised group;
(b) in a state of threat to the state or to war; or
(c) to a large extent.
Support and promotion of terrorism
(1) Who is publicly inciting a terrorist offence, or
who publicly approve or publicly commend a terrorist offence committed,
he will be punished by deprivation of liberty for two to ten years.
(2) By withdrawing liberty for three years to twelve years, or in addition to this punishment by forfeiting property, he shall be punished,
(a) who, in order to commit a terrorist offence or a criminal offence involving a terrorist group (§ 312a), otherwise:
(b) who provide other information or training concerning the manufacture or use of explosives, weapons, dangerous substances or other similar methods or techniques for the purpose of committing a terrorist offence;
(c) who obtain information or acquire skills relating to the manufacture or use of explosives, weapons, dangerous substances or other similar methods or techniques for the purpose of committing a terrorist offence; or
(d) who, alone or through other means, provides or promises to pay or indemnify another or for another or organise a collection for such compensation or compensation.
(3) As in paragraph 2, she will be punished
(a) a person who is a citizen of the Czech Republic, when travelling to another State of which he is not a national or in which he is not authorised for permanent residence, for the purpose of committing a terrorist offence, an offence involving a terrorist group (§ 312a), a threat of terrorist offence (§ 312f) or an offence referred to in paragraph 2 (b). (b) or (c); or
(b) a person who is not a citizen of the Czech Republic, travelling from the Czech Republic or travelling through its territory to another State of which he is not a national or in which he is not permitted to reside, for the purpose of committing a terrorist offence, for the purpose of participating in a terrorist group (§ 312a), for the purpose of threatening a terrorist offence (§ 312f) or for the purpose of the offence referred to in paragraph 2 (b). (b) or (c).
(4) By withdrawing liberty for five to fifteen years, or, in addition to this punishment, forfeiting property, the offender shall be punished,
(a) if the act referred to in paragraph 1 or 2 (b) or (d) has been committed by means of a press, film, radio, television, a publicly accessible computer network or by other equivalent effective means;
(b) commit the act referred to in paragraph 1, 2 or 3 as a member of an organised group;
(c) if the offence referred to in paragraph 1, 2 or 3 is committed in a state of danger to the State or to a state of war; or
(d) commit the act referred to in paragraph 2 (a) or (b) against the child.
Threatening a terrorist offence
(1) Those who threaten to commit a terrorist offence will be punished by deprivation of liberty for three to twelve years, or, in addition to that, by forfeiture of property.
(2) Withdrawal of liberty for five to 15 years, or, in addition to this sentence, forfeiture of property, the offender shall be punished if the offence referred to in paragraph 1 is committed
(a) as a member of an organised group;
(b) printing, film, radio, television, publicly accessible computer networks or other similarly efficient means;
(c) with a weapon; or
(d) for a state of threat to the state or to war. "
12. in Article 348 (3) (b), the words "crime of treason (§ 309), terrorist attack (§ 311) or terror (§ 312)" shall be replaced by the words "terrorist offence, offence of participation in a terrorist group (§ 312a), terrorist financing (§ 312d), support and promotion of terrorism (§ 312e (3) or threat of terrorist offence (§ 312f)."
13. in Article 361 (2), the words "in relation to an organised criminal group intended or intended to commit treason (§ 309), terrorist attack (§ 311) or terror (§ 312)" shall be replaced by the words "as a leader or representative of an organised criminal group."
14. Paragraph 361 (3) is deleted.
Paragraph 4 shall become paragraph 3.
15. in Article 361 (3), "to 3" is replaced by "and 2."
16. in Article 363 (1), the words "a police officer carrying out tasks as an agent under another legislation (hereinafter referred to as" agent ")" shall be replaced by the words "Agent," the words "paragraph 1, 2" shall be deleted and the words "or to prevent it" shall be added at the end of the text of the paragraph.
17. in Paragraph 363 (2):
"(2) An agent participating in or supporting an organised crime group or as a member of an organised group shall not be a criminal offence for the offences referred to in Article 312c (2) if he has committed such an offence in order to detect or prevent the perpetrators of a crime committed by members of an organised group, in conjunction with an organised group or committed for the benefit of an organised crime group."
18. In Paragraph 363, the words "or an agent who is the leader or representative of an organised criminal group 'shall be added at the end of the text of paragraph 3.
19. in § 366 (2) (a) and in § 367 (1) and (2), the words "participation in a terrorist group (§ 312a), financing of terrorism (§ 312d), support and promotion of terrorism (§ 312e), threat of terrorist crime (§ 312f)" shall be inserted after the words "(§ 312).
20. In § 367 (1) and § 368 (1), the words "participation in an organised criminal group under § 361 (2) and (3)," shall be deleted.
21. In Article 368 (1), the words "participation in a terrorist group (§ 312a), financing of terrorism (§ 312d), support and promotion of terrorism (§ 312e)" shall be inserted after the words "(§ 312).
Amendment to the Code of Criminal Procedure
Act No. 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 6, No 5, No 5, No 5, No 5, No 5,
1. In Article 17 (1), the words "participation in a terrorist group, financing of terrorism, support and promotion of terrorism, threats to terrorist crime," shall be inserted at the beginning of point (d).
2. in § 88 (9) and § 88a (3), the words "in the proceedings for the offence of participation in a terrorist group (§ 312a of the penal code)" shall be inserted after the words "(§ 361 of the penal code)."
Amendment to and proceedings against the Act on criminal liability of legal persons
In Article 4 (1) of Act No. 418 / 2011 Coll., on the criminal liability and proceedings against legal persons, as amended by Act No. 183 / 2016 Coll., the words "participation in a terrorist group (§ 312a of the Criminal Code), the financing of terrorism (§ 312d of the Criminal Code), the promotion and promotion of terrorism (§ 312e of the Criminal Code), the threat of terrorist crime (§ 312f of the Criminal Code) 'and the words" participation in an organised criminal group under Section 361 (2) or (3) of the Criminal Code' are deleted.
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 455 / 2016 Coll., amending Act No. 40 / 2009 Coll., Criminal Code, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2016 |
|---|---|
| Effective from | 01.02.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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