Act No. 545 / 1990 Coll.

Law amending and supplementing criminal law

Valid Effective from 01.02.1991
545
THE LAW
of 5 December 1990
amending and supplementing the criminal law
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Článek I
Criminal Act No. 140 / 1961 Coll., as amended by Acts No. 120 / 1962 Coll., No. 53 / 1963 Coll., No. 56 / 1965 Coll., No. 81 / 1966 Coll., No. 148 / 1969 Coll., No. 45 / 1973 Coll., No. 43 / 1980 Coll., No. 159 / 1989 Coll., No. 47 / 1990 Coll., No. 175 / 1990 Coll. and No. 457 / 1990 Coll. are amended as follows:
1. In Section 66, the text "(§ 124) 'is inserted after the text" (§ 124)': the text "infringement of the regulations on the handling of controlled goods and technology (§ 124a, 124b, 124c) '.
2. After Paragraph 118, the following Section 118a is inserted:
„§ 118a
Illegal foreign exchange trading
(1) Who is trafficking in foreign exchange funds without right
(a) to a larger extent; or
(b) has been convicted of such or similar acts in the last two years or in the last year for the unauthorised purchase, sale or exchange of foreign exchange values;
he will be punished by deprivation of liberty for up to two years or by failure.
(2) By withdrawing liberty for six months to five years, the perpetrator will be punished,
(a) commit the act referred to in paragraph 1 as a member of an organised group;
(b) if they commit such an act of employment,
(c) if he has been punished for such or similar acts in the last two years or for the execution of a custodial sentence imposed for such or similar acts in the last two years; or
(d) if such an act is of considerable benefit.
(3) By withdrawing liberty for two years to eight years, the perpetrator shall be punished if the action referred to in paragraph 1 benefits a great deal. ';
3. the following Sections 124a, 124b and 124c are inserted after Section 124:
"Infringement of regulations on the handling of controlled goods and technology
§ 124a
(1) Any person who violates a prohibition or restriction on the handling of goods and technology controlled under special regulations shall be punished by deprivation of liberty for up to three years or by penalty of money.
(2) Any person who without authorisation exports goods or technology controlled by special regulations (1) or transfers them to a foreign State or to an organisation which has its registered office abroad or to a foreign agent shall be punished by deprivation of liberty for three years up to eight years, or by punishment or forfeiture of property.
§ 124b
(1) Those who violate or fail to fulfil an important obligation of their employment, profession, position or function and who cause an unauthorised authorisation to dispose of goods and technology controlled by special regulations (1), or that such goods escape the register, shall be punished by deprivation of liberty for up to three years or by prohibition of activity or by money punishment.
(2) By withdrawing liberty for six months to five years, or by penalising the perpetrator,
(a) if, as a result of the act referred to in paragraph 1, the goods have gone abroad;
(b) if such an act intends to benefit significantly; or
(c) if such an act causes significant harm or other significant harm.
(3) By withdrawing liberty for three years to eight years, or by punishable punishment,
(a) if the act referred to in paragraph 1 is committed in conjunction with an organised group operating in several States;
(b) if such an act intends to benefit a large extent; or
(c) if such an act causes damage to a large extent or other harm to a large extent.
§ 124c
(1) 1) will be punished by deprivation of liberty for up to two years or by a penalty of money.
(2) In the same way, it will be punished who will destroy, damage, render unfit, conceal or record-keeping the documents necessary for the registration of goods and technology controlled under special regulations, (1) or who will intervene in the technical or software equipment of the computer in which the records of such goods and technology are kept. ';
4. In Section 167, the text "(§ 114) 'is inserted after the text" (§ 114)'.
5. In Section 168, the text "(§ 106 and 107) 'is inserted after the text" (§ 106 and 107)'.
Článek II
This Act shall take effect on 1 February 1991.
Havel v. r.
Dubček v. r.
CHF
1) Act No. 547 / 1990 Coll., on the treatment and control of certain goods and technology.

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Regulation Information

CitationAct No. 545 / 1990 Coll., amending and supplementing the Criminal Act
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation27.12.1990
Effective from01.02.1991
Effective until-
Status Valid
The regulation text is for informational purposes only.
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