Act No. 78 / 2025 Coll.
Act amending Act No. 89 / 2012 Coll., Civil Code, as amended, and other laws in connection with combating domestic violence
Valid
Effective from 01.07.2025
78
THE LAW
of 26 February 2025
amending Act No. 89 / 2012 Coll., Civil Code, as amended, and other laws in connection with combating domestic violence
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 89 / 2012 Coll., Civil Code, as amended by Act No. 460 / 2016 Coll., Act No. 303 / 2017 Coll., Act No. 111 / 2018 Coll., Act No. 171 / 2018 Coll., Act No. 33 / 2020 Coll., Act No. 163 / 2020 Coll., Act No. 192 / 2021 Coll., Act No. 374 / 2022 Coll., Act No. 429 / 2022 Coll., Act No. 414 / 2023 Coll., Act No. 31 / 2024 Coll., Act No. 123 / 2024 Coll.
1. In Article 742, at the end of paragraph 1, the dot is replaced by a comma and the following point (g) is added:
"(g) it shall be taken into account that one of the spouses has committed the second domestic violence or offence of the nature of the intentional offence, in particular its nature, gravity, duration and circumstances of the offence."
2. In Article 751 (1), "physical or mental 'is replaced by" domestic'.
3. Article 3021, including the title, reads:
Domestic violence
(1) Domestic violence means acts of violence against a victim in whatever form, in which power or unequal status is generally abused and which:
(a) has or should have been unduly affected by its physical integrity;
(b) has been or should have been unduly repeatedly or seriously affected by its mental integrity, freedom or dignity, in particular in an intimate area, in its seriousness, honour or privacy; or
(c) has been seriously threatened or impaired by its ability to meet its essential needs or the essential needs of members of the common household.
(2) The victims of domestic violence may be:
(a) a person who, with a person committing domestic violence, is living or living in a common household or a person whose household has been visiting a person committing domestic violence repeatedly and for a long time;
(b) a person close to him or a parent of a common child or of a person responsible for parental responsibility with a person committing domestic violence.
(3) Paragraphs 751 to 753 shall apply mutatis mutandis to joint dwellings of persons other than spouses. "
Amendment of the Civil Code
Act No. 2000 / 2000 Coll., Act No. 99 / 1963 Coll., as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 117 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 110 / 1995 Coll. Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2001 Coll., Act No. 31 / 2002 Coll.
1. In Article 100 (2), the sentence "When assessing the effectiveness and suitability of a court shall in particular be taken into account when a party has been convicted of the offence referred to in paragraph 3 (a) or has been found guilty of committing an offence referred to in paragraph 3 (b), if the injured party or person directly affected by the other party or person is close to him."
2. In Article 100 (2), the last sentence is deleted.
3. In Paragraph 100, the following paragraph 3 is inserted after paragraph 2, including footnote 109:
"(3) The first meeting with the mediator referred to in paragraph 2 may not be ordered
(a) during the conduct of criminal proceedings in accordance with § 140 of the Criminal Code, serious harm to health pursuant to § 145 of the Criminal Code, battery of health under § 146 of the Criminal Code, extortion under § 175 of the Criminal Code, rape under § 185 of the Criminal Code, sexual assault under § 185a of the Criminal Code, sexual abuse under § 186 of the Criminal Code, abuse of a person living in a common residence under § 199 of the Criminal Code, threatening threats pursuant to § 353 of the Criminal Code or dangerous persecution under § 354 of the Criminal Code, of which the suspect is a party to the proceedings or is prosecuted for such a criminal offence, if the injured other party to the proceedings or person is close to him;
(b) for the duration of the infringement proceedings for the conduct of one of the parties fulfilling the characteristics of domestic violence (109), if the person directly affected by the offence is the other party or the person close to him; or
(c) during the period of validity of the interim measures on protection against domestic violence.
109) § 3021 of the Civil Code. '.
Paragraph 3 shall become paragraph 4.
Transitional provision
Act No. 99 / 1963 Coll., as effective from the date of entry into force of this Act, shall also apply to proceedings initiated before the date of entry into force of this Act; the legal effects of the proceedings before the date of entry into force of this Act remain.
Amendment to the Act on Social Protection for Children
Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15 / 2004 Coll., Act No. 20 / 2008 Coll., Act No. 17 / 2004 Coll.
1. In Article 6 (g), the words "violence between parents or other persons responsible for raising a child 'are replaced by the words" domestic violence'.
Footnote 81 reads as follows:
"81) § 3021 of the Civil Code. '.
2. In Article 10, at the end of paragraph 3, the dot is replaced by a comma and the following point (f) is added:
"(f) inform the child referred to in Article 6 clearly of his rights as a criminal officer, in particular the right to the provision of an agent and the right to compensation and non-property damage."
3. In Article 16 (2), the words "exposed to physical or mental violence by a parent or other person living with a child in the common household 'are replaced by the words" present or exposed to domestic violence';
4. In Article 51 (5) (c), the words "violence between parents, other persons responsible for raising a child or 'are replaced by the words" domestic violence and violence between'.
5. In the second sentence of Paragraph 57 (1), the word "violence 'is replaced by" violence'.
Amendment to the Police Act of the Czech Republic
Act No. 273 / 2008 Coll., on the Police of the Czech Republic, as amended by Act No. 41 / 2009 Coll., Act No. 153 / 2010 Coll., Act No. 150 / 2011 Coll., Act No. 341 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 459 / 2011 Coll., Act No. 105 / 2013 Coll., Act No. 273 / 2013 Coll., Act No. 303 / 2013 Coll., Act No. 1918 / 2017 Coll., Act No. 205 / 2017 Coll., Act No. 222 / 2017 Coll., Act No. 304 / 2017 Coll., Act No. 111 / 2019 Coll.
1. In the first sentence of Paragraph 44 (2), "10 'is replaced by" 14'.
2. In Paragraph 45, the following paragraph 4 is added:
"(4) A police officer shall take other appropriate measures to protect the person at risk from a dangerous attack against life, health or freedom or a particularly serious attack against human dignity. In particular, in accordance with the procedure laid down in Article 35, the police officer shall ensure that the person declared issues or withdraws the weapon; the arms issued or withdrawn may not be returned to the person declared for the duration of the declaration. ';
3. In the first sentence of Paragraph 47 (3), the words ", to the appropriate public prosecutor 'shall be inserted after the word" centrum14'.
Amendment to the law on victims of crime
In Article 17 (1) of Act No. 45 / 2013 Coll., on the Victims of Crime and on the Amendment of Certain Laws (Act on Victims of Crime), as amended by Act No. 56 / 2017 Coll., the words "and in immediate connection with them, 'shall be inserted after the word" participate'.
Amendment to the Law on Special Proceedings
Act No. 292 / 2013 Coll., on Special Procedures of the Court, as amended by Act No. 87 / 2015 Coll., Act No. 161 / 2016 Coll., Act No. 189 / 2016 Coll., Act No. 298 / 2016 Coll., Act No. 343 / 2020 Coll., Act No. 527 / 2020 Coll., Act No. 588 / 2020 Coll., Act No. 192 / 2021 Coll., Act No. 363 / 2021 Coll., Act No. 285 / 2023 Coll., Act No. 349 / 2023 Coll., Act No. 349 / 2023 Coll., Act No. 414 / 2023 Coll.
1. In Article 23, the words "the applicant who is a victim of domestic violence under the Civil Code shall be inserted after the words" may be admitted, "or"
2. In Paragraph 402 (1), the words "the joint residence of the applicant and the defendant in the house or apartment in which the common household is situated is intolerable to the applicant because of physical or mental violence against the applicant or another living in the common household 'are replaced by the words" the defendant has committed or committed to the applicant or any other person living in the common household, conduct showing the characteristics of domestic violence (10)'.
Footnote 10:
"10) § 3021 of the Civil Code. '.
3. in Article 405 (1) (a), the words "or the dwelling of the applicant" shall be inserted after the words "or the dwelling of the applicant"; the word "his" shall be replaced by "their" and the word "his" shall be replaced by the word "them."
4. In Paragraph 405 (1) (b), the words ", the dwelling of the applicant 'shall be inserted after the words" the dwelling'.
5. In Paragraph 405 (2), the first sentence is replaced by the following: "If the appellant and the respondent share a common residence, the court shall, in the decision of the defendant on the right to take the matters referred to in Paragraph 493 from the common residence."
6. Paragraph 493, including the title, reads:
Performance
(1) Where a obliged and designated person shares a common residence, the enforcement of the decision shall be carried out in such a way that the court, in cooperation with the competent public authorities, declares the debtor of the common residence, shall remove all keys to the common residence which the debtor holds and, where appropriate, prohibit him from meeting or otherwise contacting the designated person. At the same time, the Court of First Instance shall give the debtor the opportunity, immediately in the course of the execution of the decision, to take his personal valuables and personal documents from the common residence and the matters which serve his personal needs; during the duration of the decision referred to in Article 405, it shall then enable the debtor to collect the items necessary for the pursuit of his business or profession, or for any other serious reason.
(2) In other cases, enforcement shall be carried out in such a way as to prohibit the court, in cooperation with the competent public authorities, from meeting or otherwise contacting the designated person or, where appropriate, from disclosing the debtor from the registered person's residence. ';
Transitional provision
Act No 292 / 2013 Coll., as effective from the date of entry into force of this Act, shall also apply to proceedings initiated before the date of entry into force of this Act; the legal effects of the proceedings before the date of entry into force of this Act remain.
Amendment of the Liability and Procedure Act
Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings of Infringements, as amended by Act No. 173 / 2018 Coll., Act No. 285 / 2018 Coll., Act No. 277 / 2019 Coll., the finding of the Constitutional Court, Decree No. 54 / 2020 Coll., the finding of the Constitutional Court, published under Act No. 325 / 2020 Coll., Act No. 261 / 2021 Coll., Act No. 417 / 2021 Coll., Act No. 349 / 2023 Coll., and Act No. 427 / 2023 Coll., are amended as follows:
1. In Paragraph 52 (7), the words "the use of violence in a family or partnership 'are replaced by the words" domestic violence'.
2. At the end of Section 71, the words "and confidant 'shall be added.
3. In Paragraph 71, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) A person directly affected by an offence shall be entitled to be accompanied by a confidential person. Any person directly affected by an offence may be a trustee. The trustee provides assistance to the person directly affected by an offence needed, particularly psychological. A person who has the status of the defendant, the defendant's agent, the witness, the expert or the interpreter in an infringement proceedings may not be trusted. The trustee shall not interfere with the operation and management. ';
4. In Article 72a (1), the words "or other contact details' shall be inserted after the word" business'.
5. In Article 72a, the following paragraph 3 is added:
"(3) At the request of a person directly affected by an offence, the administrative authority shall take the necessary measures to prevent his or her contact with a person whom he or she has identified as suspected of committing an offence or against whom infringement proceedings are conducted in all the acts in which he or she is involved, including before and after their commencement. The administrative authority shall take the necessary measures to prevent contact between those persons before and after the operation. ';
6. In Article 75 (3), the words "the use of violence in the family or partnership 'are replaced by the words" domestic violence'.
7. In Paragraph 82, the following paragraph 4 is inserted after paragraph 3:
"(4) When questioning a witness, his personality must be spared. Questions directed to an intimate area may only be asked if this is necessary to clarify the facts relevant to the infringement proceedings, particularly with caution and in a comprehensive manner, so that there is no need to repeat the hearing. '
Paragraph 4 shall become paragraph 5.
Transitional provision
Act No. 250 / 2016 Coll., as effective from the date of entry into force of this Act, shall also apply to proceedings initiated before the date of entry into force of this Act; the legal effects of the proceedings before the date of entry into force of this Act remain.
EFFECTIVE
This Act shall take effect on 1 July 2025.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 78 / 2025 Coll., amending Act No. 89 / 2012 Coll., Civil Code, as amended, and other laws in connection with combating domestic violence |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.03.2025 |
|---|---|
| Effective from | 01.07.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
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