What is Full text of Act No. 456 / 1990 Coll.?

Full text of Act No. 456 / 1990 Coll., Penal Act (full text as shown by later amendments and additions) — Criminal law (full text, as resulting from subsequent amendments and additions).

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Yes, Full text of Act No. 456 / 1990 Coll. is still valid and effective.

Full text of Act No. 456 / 1990 Coll.

Criminal law (full text, as resulting from subsequent amendments and additions)

Valid

ČÁST PRVNÍ HLAVA PRVNÍ § 1 § 2 HLAVA DRUHÁ § 3 § 4 § 5 § 6 § 7 § 8 § 9 § 10 § 11 § 12 § 13 § 14 § 15 HLAVA TŘETÍ § 16 § 17 § 18 § 19 § 20 § 20a § 21 § 22 HLAVA ČTVRTÁ Oddíl první § 23 § 24 § 25 § 26 - zrušen § 27 § 28 § 29 § 30 - zrušen Oddíl druhý § 31 § 32 § 33 § 34 § 35 § 36 § 37 § 38 Oddíl třetí § 39 § 39a § 40 § 41 § 42 § 43 - zrušen § 44 - zrušen § 45 - zrušen § 46 § 47 § 48 § 49 § 50 § 51 § 52 § 53 § 54 § 55 § 56 § 57 § 57a Oddíl čtvrtý § 58 § 59 § 60 § 61 § 62 § 63 § 64 § 64a HLAVA PÁTÁ § 65 § 66 § 67 § 67a § 68 § 68a § 69 § 70 HLAVA ŠESTÁ § 71 § 72 § 73 HLAVA SEDMÁ § 74 § 75 § 76 § 77 § 78 § 79 § 80 § 81 § 82 § 83 - zrušen § 84 § 85 § 86 § 87 HLAVA OSMÁ § 88 § 89 § 90 ČÁST DRUHÁ HLAVA PRVNÍ Oddíl první § 91 § 92 § 93 § 93a § 94 - zrušen § 95 § 96 § 97 § 98 - zrušen § 99 - zrušen § 100 - zrušen § 101 - zrušen § 102 § 103 § 104 - zrušen Oddíl druhý § 105 § 106 § 107 § 107a - zrušen § 108 - zrušen § 109 § 110 - zrušen § 111 § 112 - zrušen Oddíl třetí § 113 § 114 § 115 HLAVA DRUHÁ Oddíl první § 116 - zrušen § 117 - zrušen § 118 § 119 - zrušen § 120 - zrušen § 121 § 122 § 123 - zrušen § 124 Oddíl druhý § 125 § 126 - zrušen § 127 § 128 - zrušen § 129 - zrušen § 130 - zrušen § 131 - zrušen § 132 - 139 zrušeny Oddíl třetí § 140 § 141 § 142 § 143 § 144 § 145 § 146 § 147 § 148 Oddíl čtvrtý § 149 § 150 § 151 § 152 HLAVA TŘETÍ Oddíl první § 153 § 154 § 155 § 156 § 156a - zrušen § 157 Oddíl druhý § 158 § 159 Oddíl třetí § 160 § 161 § 162 § 163 Oddíl čtvrtý § 164 § 165 § 166 § 167 § 168 Oddíl pátý § 169 - zrušen § 169a § 170 - zrušen § 170a - zrušen § 171 § 172 § 173 § 174 § 175 § 176 § 177 § 178 - zrušen HLAVA ČTVRTÁ § 179 § 180 § 180a § 180b § 180c § 181 § 181a § 181b § 182 § 183 § 184 § 185 § 186 - zrušen § 187 § 188 § 188a § 189 § 190 § 191 § 192 § 193 § 194 § 194a § 195 HLAVA PÁTÁ § 196 § 197 - zrušen § 197a § 197b - zrušen § 198 § 199 § 200 § 201 § 202 § 203 - zrušen § 204 § 205 § 206 § 207 § 208 § 209 § 209a - zrušen HLAVA ŠESTÁ § 210 § 211 - zrušen § 212 § 213 § 214 § 215 § 216 § 217 § 218 HLAVA SEDMÁ § 219 § 220 § 221 § 222 § 223 § 224 § 225 § 226 § 227 § 228 § 229 § 230 HLAVA OSMÁ Oddíl první § 231 § 232 § 233 § 234 § 234a § 235 § 236 § 237 § 238 § 238a § 239 § 240 Oddíl druhý § 241 § 242 § 243 § 244 - zrušen § 245 § 246 HLAVA DEVÁTÁ § 247 § 248 § 249 § 250 § 251 § 252 § 253 § 254 § 255 § 256 § 257 § 258 HLAVA DESÁTÁ § 259 § 260 § 261 § 262 § 263 § 263a § 264 § 265 HLAVA JEDENÁCTÁ Oddíl první § 266 § 267 § 268 § 269 § 270 § 271 § 272 Oddíl druhý § 272a § 272b § 272c § 272d HLAVA DVANÁCTÁ Oddíl první § 273 § 274 § 275 § 276 § 277 § 278 § 279 § 279a § 279b Oddíl druhý § 280 § 281 § 282 § 283 - zrušen § 284 Oddíl třetí § 285 § 286 § 287 Oddíl čtvrtý § 288 § 288a § 289 § 290 § 291 § 292 § 293 Oddíl pátý § 294 § 295 ČÁST TŘETÍ § 296 § 297 § 298 § 299 § 300 § 301

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456

Announces

the full text of the Criminal Act of 29 November 1961 No. 140 Coll., as follows from the amendments and additions made by the Law of 19 December 1962 No. 120 Coll., by the Law of 9 July 1963 No. 53 Coll., by the Law of 17 June 1965 No. 56 Coll., by the Law of 25 October 1966 No. 81 Coll., by the Law of 18 December 1969 No. 148 Coll., by the Law of 25 April 1973 No. 45 Coll., by the Law of 10 April 1980 No. 43 Coll., by the Law of 13 December 1989 No. 159 Coll., by the Law of 27 February 1990 No. 47 Coll.

The National Assembly of the Czechoslovak Socialist Republic decided on this law:

ČÁST PRVNÍ

GENERAL PART

HLAVA PRVNÍ

PURPOSE OF THE LAW

§ 1

The purpose of the criminal law is to protect the society and constitutional establishment of the Czech and Slovak Federal Republic, the rights and legitimate interests of citizens and organisations.

§ 2

The means to achieve the purpose of the criminal law are a threat to punishment, the imposition and execution of penalties and protective measures.

HLAVA DRUHÁ

BACKGROUND OF CRITERIA

§ 3

Criminal offence

(1) A criminal act is a dangerous act for a society whose features are listed in this law.

(2) An act whose degree of danger to society is insignificant is not a criminal offence, even if it otherwise shows signs of a crime.

(3) The offence must be committed intentionally, unless the law expressly states that negligence is sufficient.

(4) The degree of danger to society is determined in particular by the importance of the protected interest which has been affected by the act, the manner in which the act was carried out and its consequences, the circumstances in which the act was committed, the person responsible, the degree of fault and the motive.

Guilt

§ 4

The offence is committed intentionally if the perpetrator:

(a) in the manner set out in that law, wish to violate or threaten the interest protected by that law; or

(b) he knew that, by his actions, he could cause such a breach or threat and, in the event that he caused it, he was satisfied.

§ 5

The offence is committed out of negligence if the perpetrator:

(a) knew that it could infringe or threaten the interest protected by that law in the manner set out in that law, but relied, without reasonable grounds, that it would not cause such a breach or threat; or

(b) he did not know that his conduct could cause such a breach or threat, although he should have known and could have known about it, given the circumstances and his personal circumstances.

§ 6

The circumstances aggravating or making the application of a higher criminal rate subject to the application of a higher criminal rate shall be taken into account,

(a) if there is a more severe consequence, even if the perpetrator is negligent, except in cases where this law also requires intentional guilt;

(b) if there is another fact, even if the offender did not know about it, although he should have and could have known about it in the light of the circumstances and his personal circumstances, excluding cases where this law requires the offender to know about it.

§ 7

Preparation for a criminal offence

(1) The conduct of a company which is dangerous, which depends on the organisation of a particularly serious (§ 41 (2)) offence, the provision or adaptation of means or instruments to commit it, the organisation, assembly, instruction or assistance for such an offence, or other deliberate creation of conditions for its commission, is a preparation for the offence if no trial or completion of the offence has taken place.

(2) Preparation for a criminal offence shall be punishable by the criminal rate laid down for the offence to which it was directed, unless that law provides otherwise in a specific part.

(3) Penalty of preparation for a criminal offence shall cease if the offender voluntarily:

(a) refrain from further action to commit a criminal offence and remove the danger that has arisen from the preparation carried out by the law, or

(b) make a notification of the preparation for the offence at a time when the danger created by the interest protected by this law from the preparation carried out could still be eliminated. Notification shall be made to the prosecutor or the security authority; A soldier may instead make an announcement to the commander or the chief.

(4) However, the provision of paragraph 3 shall be without prejudice to the criminality of the offender for any other criminal offence which has already been committed by such action.

§ 8

Attempted crime

(1) The conduct of a company which is dangerous and is directly directed towards the completion of a criminal offence and which the offender intends to commit is an attempt at a criminal offence if the criminal offence has not been completed.

(2) An attempt to commit a crime is punishable by the criminal rate set for the criminal offence to be completed.

(3) Penalty of attempted crime if the offender voluntarily ceases

(a) refrain from further action needed to complete the offence and remove the danger that has arisen from the experiment of the interest protected by this law; or

(b) make a notification of an attempt to commit an offence at a time when the danger arising from the interest protected by this law from an experiment may still have been eliminated. Notification shall be made to the prosecutor or the security authority; A soldier may instead make an announcement to the commander or the chief.

(4) However, the provision of paragraph 3 shall be without prejudice to the criminality of the offender for any other criminal offence which has already been committed by such action.

Perp, accomplice and criminal participant

§ 9

(1) The perpetrator of the crime is who committed the crime himself.

(2) If the offence was committed by a joint action of two or more persons, each of them shall be liable as if it had committed the crime itself (accomplices).

§ 10

(1) A participant in a completed offence or trial is who intentionally

(a) the commission of the offence has been planned or managed (organiser);

(b) lead another person to commit a crime (guide);

(c) provide other assistance to commit the offence, in particular by means of measures, by removing obstacles, advice, by affirmation of the resolution, by promising to contribute after the offence (helper).

(2) The criminal liability and the criminal offence of the participant shall be governed by the provisions on the criminal liability and the criminal offence of the offender, unless otherwise provided for by this law.

§ 11

Age Range

Those who did not complete the 15th year of their age at the time of the crime are not liable.

§ 12

Insanity

(1) Who, at the time of the act of committing a mental illness, could not recognize his danger to society or control his actions, is not responsible for the crime.

(2) Paragraph 1 shall not be used if the offender is brought into a state of insanity, even out of negligence, by an addictive substance.

§ 13

Necessary defence

An action otherwise punishable, which is averted directly by an imminent or continuing attack on an interest protected by this law, is not a crime. It is not a necessary defense if the defense was manifestly disproportionate to the nature and danger of the attack.

§ 14

Extreme emergency

An action otherwise punishable, which is averted by danger of directly threatening interest protected by this law, is not a crime. This is not an extreme emergency if the danger could be averted otherwise in the circumstances, or the result caused is likely to be as serious or even more serious than the one in danger.

§ 15

Authorised use of the weapon

The offence shall not be committed by any person who uses weapons within the limits of the powers of the relevant legal regulations.

HLAVA TŘETÍ

SCOPE OF THE CRITERIA

§ 16

(1) The criminal offence shall be assessed by law effective at the time the offence was committed; under a later law, it is assessed only if it is more favourable to the perpetrator.

(2) Only those types of punishment which allow the law to be imposed effective at a time when the offence is decided may be imposed on the perpetrator.

(3) A safeguard measure shall always be decided in accordance with the law effective at the time the safeguard measure is decided.

§ 17

(1) Under the Czechoslovak law, the criminal offence committed in the territory of the Republic is assessed.

(2) The offence shall be deemed to have been committed in the territory of the Republic,

(a) if the offender has committed an act here, even if the breach or threat of interest protected by this law has occurred or should have occurred in whole or in part abroad; or

(b) if the offender has infringed or threatened the interest protected by this law or if at least in part such a consequence should have arisen even if the action was committed abroad.

(3) Under the Czechoslovak law, the criminal offence of an offence committed on board a Czechoslovak ship or a Czechoslovak aircraft outside the territory of the Republic is also assessed. The place where such an act is committed shall be assessed mutatis mutandis in accordance with paragraph 2.

§ 18

According to the Czechoslovak law, the crime committed abroad by a Czechoslovak citizen or stateless citizen is also assessed.

§ 19

Under the Czechoslovak Act, the criminality of the dissolution of the Republic (§ 92), terror (§ 93 and 93a), corruption (§ 95 and 96), sabotage (§ 97), espionage (§ 105), falsification and alteration of money (§ 140), disclosure of counterfeit and altered money (§ 141), manufacture and possession of counterfeiting equipment (§ 142), assault on a state authority pursuant to § 153, assault on public actors pursuant to § 155, genocide (§ 259), abuse of an internationally recognised and state-owned means of fighting (§ 265), war crime against peace (§ 263), persecution of the population (§ 263a), looting in the area of war operations (§ 264), abuse of internationally recognised and civil acts against peace (§ 265), paragraph 1 of Law 165 / 1950 Coll.

§ 20

(1) According to the Czechoslovak law, the criminal offence committed abroad by a foreign national or a stateless person who is not a citizen of the Republic is assessed, even then,

(a) if the offence is also punishable by law in the territory where it was committed; and

(b) where the offender has been caught in the territory of the Republic and has not been extradited for criminal prosecution by a foreign State.

(2) However, the perpetrator may not be punished more severe than the law of the State in whose territory the offence was committed.

§ 20a

(1) The punishment of the act is also assessed under the Czechoslovak law if it is provided for in the declared international treaty, which is bound by the Czech and Slovak Federal Republic.

(2) Paragraph 17 to 20 shall not apply where this is not permitted by the declared international treaty, which is bound by the Czech and Slovak Federal Republic.

§ 21

(1) A Czechoslovak citizen cannot be extradited to a foreign state for prosecution or for the execution of a sentence.

(2) The criminal sentence of a foreign State cannot be enforced in the territory of the Republic or have any other effect, unless the declared international treaty, which the Czech and Slovak Federal Republic is bound by, provides otherwise.

§ 22

(1) If, for the same deed, the offender has been in custody abroad or has been punished by an authority of a foreign State, he shall be charged for the time spent in custody or the sentence rendered in the sentence imposed by the Czechoslovak court if, in view of the nature of the penalty imposed, it is possible to be counted. The Court of First Instance is also acting if it has imposed a total or aggregate penalty on the offender (§ 35).

(2) The court shall take account of that fact when determining the nature of the sentence and, where applicable, its scope, if it is not possible to count the detention or punishment abroad (paragraph 1), in particular because a penalty of a kind not known to it has been carried out abroad in whole or in part.

HLAVA ČTVRTÁ

Oddíl první

Common provisions on penalties

§ 23

Purpose of the sentence

(1) The purpose of the punishment is to protect society from perpetrators of crimes, to prevent a convicted person from committing crime and to raise him to lead a proper life, thereby acting as an educator to other members of the society.

(2) Human dignity must not be humiliated by punishment.

Abandonment of punishment

§ 24

(1) From the punishment of a perpetrator who has committed a crime of lesser danger to society, regretting his commission and showing effective striving for redress, it is possible to abandon,

(a) where, in view of the nature of the offence committed and the life of the perpetrator, it can reasonably be expected that the trial before the court will be sufficient to remedy it; or

(b) where the court accepts a guarantee to remedy the offender and considers that, in view of the educational influence of the person who offered the guarantee, the nature of the act committed and the person responsible for the offence does not appear to be necessary.

(2) If the court forgoes punishment, it shall be seen as if it were not condemned.

§ 25

The court may waive punishment even if the offender has committed a crime in a state of reduced sanity and the court considers that the protective treatment which it imposes at the same time will ensure the remedy of the offender and protect the company better than the punishment. However, this provision does not apply if the perpetrator has caused a condition of reduced sanity, albeit negligently, due to an addictive substance.

§ 26 - zrušen

Types of punishment

§ 27

For the offences committed, the court may impose only these penalties:

(a) in jail,

(b) loss of honorary degrees and honours,

(d) a prohibition of action;

(e) forfeiture of property;

(f) criminal penalties;

(g) forfeiture;

(h) expulsion;

(ch) a residence permit.

§ 28

(1) If this law provides for several penalties in a specific part for a particular offence, each of them may be imposed separately or by more than one of them. In addition to the sentence provided for in this law in a special part for a particular offence, other penalties referred to in Paragraph 27 may be imposed. Exemptions and residence permits may be imposed separately, even if this law does not provide for such a penalty in a specific part.

(2) However, a penalty may not be imposed in addition to the forfeiture of property.

§ 29

Exceptional punishment

(1) An exceptional sentence shall mean, on the one hand, a prison sentence of 15 to 25 years, and, on the other, a life sentence. Exceptional punishment can only be imposed for an offence for which this law allows it in a special part.

(2) A sentence of 15 to 25 years may be imposed by the court only if the degree of danger of a crime to society is very high and the possibility of rectification of the perpetrator is particularly difficult.

(3) The sentence of imprisonment may be imposed by the court only on the offender who committed the offence of murder pursuant to § 219 (2), or who intentionally caused the death of another person in a criminal offence of treason (§ 91), terror pursuant to § 93 or § 93a (3), a general threat pursuant to § 179 (3) or genocide (§ 259), under the conditions that:

(a) the degree of danger to society of such a crime is extremely high due to the particularly deplorable manner in which the offence is carried out or to the particularly deplorable consequence,

(b) the imposition of such a penalty requires effective protection of society; and

§ 30 - zrušen

Oddíl druhý

General principles for the imposition of penalties

Penalty rate

§ 31

(1) In determining the type of punishment and its scope, the court shall take into account the degree of danger of the offence to society (§ 3 (4)), the possibility of rectification and the proportions of the offender. If the court accepts a guarantee to remedy the offender, it shall also take into account the educational influence of the person who offered the guarantee and shall impose a penalty, taking into account this circumstance.

(2) When determining the type of penalty and its measures, the court shall take into account:

(a) in the case of accomplices, the extent to which each of them has contributed to the crime;

(b) in the case of the organiser, the guide and the assistant, also of the importance and nature of their participation in the commission of the offence;

(c) in the preparation for the offence and in the trial of the offence, the extent to which the offender's conduct has come to an end, as well as the circumstances and reasons for which it has not been completed.

(3) A circumstance which is a legal feature of a criminal offence cannot be taken into account as attenuating or aggravating or making it conditional on the application of a higher criminal rate.

§ 32

(1) If the offender has committed a crime in a state of reduced sanity, which, even out of negligence, has not been caused by an addictive substance, the court shall take into account this circumstance when determining the type of punishment and its scope.

(2) If the court considers that, in view of the state of health of such an offender, the purpose of the sentence and the duration of the sentence can be achieved (§ 72), it shall reduce the sentence of imprisonment below the lower limit of the criminal rate, not being bound by the restriction laid down in § 40 (3), and shall also impose protective treatment.

§ 33

In order to measure the sentence, account shall be taken, in particular, of:

(a) he has committed a criminal offence in serious distress;

(b) he has committed a criminal offence at an age close to the age of minors;

(d) committed a criminal offence under threat or coercion;

(e) he has committed a criminal offence under the influence of difficult personal or family circumstances which he has not caused himself;

(f) the offence is committed to avert an attack or other danger without fully fulfilling the conditions of the necessary defence or extreme emergency;

(g) lead a proper life before the crime was committed;

(h) it has committed itself to eliminate the harmful consequences of the offence or has voluntarily replaced the damage caused;

ch) he sincerely regretted the crime,

(i) he himself has reported his offence to the authorities; or

(j) assist the competent authorities in clarifying their crime.

§ 34

In order to measure the sentence, account shall be taken, in particular, of the fact that:

(a) he has committed an offence of particularly deplorable omission;

(b) he has committed the offence in a crude, insidious manner, with special guile or other similar manner;

(d) committed a criminal offence for natural disasters or other serious life-threatening events, public policy or property;

(e) the offence has infringed a specific obligation;

(f) the offence caused greater damage;

(g) committed an offence as an organiser, as a member of an organised group or member of an association;

(h) has led to the crime of another, particularly a juvenile,

(ch) the offence has been committed or continued for a longer period;

(i) he has committed several offences; or

(j) has already been sentenced for an offence; the court is entitled, according to the nature of the previous conviction, not to regard that circumstance as aggravating.

Penalties for multiple offences

§ 35

(1) If the court condemns the perpetrator for two or more offences, it shall impose a total penalty in accordance with the legal provision which applies to the offence most strictly criminal; in addition to the penalty permitted under such a legal provision, a different kind of penalty may be imposed under the overall penalty if its imposition would be justified by one of the offences tried. If the lower limits of criminal prison rates vary, the lower limit of the total penalty is the highest of them. If such a law provides for only a custodial sentence for one of such offences, the total penalty may not be another of the punishments referred to in Paragraph 27 as a separate punishment.

(2) The Court of First Instance shall impose a collective penalty in accordance with the principles set out in paragraph 1 when condemning the offender for an offence which he has committed before the court of first instance has been declared a condemning judgment for another offence. The court, together with the imposition of the general sentence, shall abolish the sentence imposed on the offender by the earlier judgment and any other decision relating to that judgment, if, in the light of the change made by the annulment, the ground is no longer attached. The cumulative sentence must not be less than the sentence imposed by the earlier judgment. In the context of the collective sentence, the court must impose a penalty for the loss of honorary degrees and honours, for the loss of military rank, for the forfeiture of property or for the forfeiture of the case, if such a sentence has already been passed by a judgment earlier.

(3) A provision on the global penalty shall not be used if an earlier conviction is such that the perpetrator is viewed as if he were not convicted.

§ 36

If the court condemns the offender for an offence he committed before the sentence imposed by the earlier judgment has been enforced and imposes a penalty of the same kind, that sentence, together with the part of the sentence imposed by the earlier judgment, may not exceed the maximum amount of leave by that law for that type of punishment. If one of these sentences is an exceptional prison sentence of 15 to 25 years, the maximum sentence shall be 25 years.

§ 37

The Court of First Instance shall waive the imposition of a collective sentence under Paragraph 35 (2) or the imposition of a further sentence under Paragraph 36 if it considers that the sentence imposed by the earlier judgment is sufficient.

§ 38

Zobrazit všechna ustanovení (1770)

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Regulation Information

Citation	Full text of Act No. 456 / 1990 Coll., Penal Act (full text as shown by later amendments and additions)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	30.10.1990
Effective from	-
Effective until	-
Status	Valid

The regulation text is for informational purposes only.