Print   

(unofficial translation)

Criminal Code of the Czech Republic (Act No.40/2009 Coll) (excerpts)

§ 42 - Aggravating circumstances
The court shall consider it an aggravating circumstance particularly when the perpetrator
(…)
b) committed the crime out of motive of profit, vengeance, out of racial, ethnic, religious, class or other similar hatred, or another particularly condemnable motive

§ 352 - Violence agaist a group of people or an individual

(1) Whoever threatens a group of inhabitants with killing, bodily harm or causing damage in large extent, shall be punished by imprisonment of up to one year.
(2) Whoever uses violence against a group of inhabitants or an individual, or threatens them with killing, bodily harm or causing damage in large extent, for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof, shall be punished by imprisonment for six months to three years.
(…)

§ 140 - Homicide
(1) Whoever intentionally kills another shall be punished by imprisonment for ten to eighteen years.
(2) Whoever intentionally kills another in cold blood or after premeditation, shall be punished by imprisonment for twelve to twenty years.
(3) Imprisonment for fifteen to twenty years or an exceptional penalty will be imposed on a perpetrator who commits an act referred to in paragraph 1 or 2
(…)
(g) on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof.

§ 145 - Grievous bodily harm
(1) Any person who intentionally causes another grievous bodily harm, shall be sentenced to imprisonment for three to ten years.
(2) Imprisonment for five to twelve years will be imposed on a perpetrator who commits the crime under paragraph 1
(…)
(f) on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof

§ 146 - Bodily harm
(1) Whoever intentionally causes another injury, shall be punished by imprisonment for six months to three years.
(2) Imprisonment for one to five years will be imposed on a perpetrator who commits the crime under paragraph 1
(…)
(e) on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof

§ 149 - Torture and Other Inhuman or Cruel Treatment
(1) Whoever, in connection with their exercise of powers of the public or local authority or court, causes another person physical or mental suffering by ill-treatment, torture or other inhuman and cruel treatment shall be liable to a term of imprisonment of six months to five years.
(2) Perpetrator shall be punished by imprisonment of two to eight years, should they:
(…)
c) commit such an act on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof

§ 170 - Deprivation of Liberty
(1) Any person who unlawfully imprisons or otherwise deprives another of personal freedom shall be liable to a term of imprisonment of two to eight years.
(2) The offender shall be liable to a term of imprisonment of five to twelve years, should they:
(…)
b) commit such an act on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof

§ 171 - Restriction of Liberty
(1) Any person who, without lawful authority, prevents another from enjoying personal liberty, shall be liable to a term of imprisonment of up to two years.
(2) …
(3) The offender shall be liable to a term of imprisonment of two to eight years, should they:
(…)
b) commit such an act on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof

§ 172 - Abduction
(1) Whoever by deception, violence or threat of violence, abducts another to a foreign country, or forces them to go abroad,  prevents them from returning from abroad, shall be punished by imprisonment for two to eight years.
(2) …
(3) Perpetrator shall be punished by imprisonment of five to twelve years, should they:
(…)
b) commit such an act on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof

§175 - Extortion

(1) Whoever forces another with violence, threat of violence, or threat of another damage, to act, omit to act or suffer something, shall be punished by imprisonment from six months to four years or pecuniary punishment.
(2) Perpetrator shall be punished by imprisonment of two to eight years, should they:
(…)
f) commit such an act on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof

§ 183 – Breach of secrecy of instruments and other private documents
(1) Any person who unlawfully breaches the secrecy of an instrument or other written document, photograph, film or other recording, computer data or other document kept private by another through disclosing them or making them accessible to a third person, or using them otherwise, shall be liable to a term of imprisonment of up to one year, prohibition or forfeiture of asset.
(2) ...
(3) Perpetrator shall be punished by imprisonment of six months to five years or pecuniary punishment, should they:
(…)
b) commit such an act on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof

§ 228 Damage to another’s thing
(1) Whoever destroys, damages or makes unusable someone else’s thing and the damage on another’s property thereby caused is not negligible, shall be punished by imprisonment of up to one year, or prohibition or a fine or forfeiture of the item or other property values.
(2) Whoever damages another’s thing by spray-painting on it, shall be punished equally.
(3) Imprisonment for six months to three years will be imposed on the perpetrator who
(…)
(b) commit such an act on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof

§ 329 Abuse of power of public official
(1) A public official who, led by intention to cause harm or serious damage or to secure unlawful profit,
a) exercises their powers in breach of other act,
b) exceeds their competence, or
c) does not fulfil an obligation stemming from their competence,
shall be liable to a term of imprisonment of one to five years or prohibition.
(2) Perpetrator shall be punished by imprisonment of three to ten years, should they:
(…)
b) commit such an act on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof

Crimes committed within military:
§ 378 Insult between soldiers

(1) Whoever insults:
a) his superior or a person of higher rank;
b) his subordinate or a person of lower rank;
c) a soldier of the same rank at a time when he himself or the insulted person is on duty;
shall be sentenced to a term of imprisonment of up to one year.
(2) Perpetrator shall be punished by imprisonment of up to three years, should they commit such an act on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof

§ 379 Insults between soldiers by violence or threat of violence
(1) Whoever insults by violence or the threat of immediate violence:
a) his superior officer or a person of higher rank; or
b) his subordinate or a person of lower rank;
shall be sentenced to a term of imprisonment of up to three years.
(2) An offender shall be sentenced to a term of imprisonment of from one to five years should:
(…)
(d) they commit such an act on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof;
(…)

§ 380 Insult of a soldier of the same rank by violence or threat of violence
(1) Whoever insults a soldier of the same rank by violence or the threat of immediate violence, at a time when he himself or the insulted soldier is on duty shall be sentenced to a term of imprisonment of up to two years.
(2) An offender shall be sentenced to a term of imprisonment of from six months to five years should:
(…)
(c) they commit such an act on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof;
(…)

§ 382 Violation of Rights and Protected Interests of soldiers of the same rank
(1) Whoever forces a soldier of the same rank to undertake personal services, or restricts him in his rights, or wilfully makes performance of his service more difficult, shall be sentenced to a term of imprisonment of up to two years.
(2) An offender shall be sentenced to a term of imprisonment of from six months to five years
should:
(…)
c) they commit such an act on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof;
(...)

§ 383 Violation of Rights and Protected Interests of subordinates or soldiers of lower rank
(1) Whoever forces a subordinate or a soldier of the lower rank to undertake personal services, or restricts him in his rights, or wilfully makes performance of his service more difficult or imposes an illegal punishment, shall be sentenced to a term of imprisonment of six months to three years.
(2) An offender shall be sentenced to a term of imprisonment of from one to five years
should:
(…)
c) they commit such an act on another for their real or perceived race, ethnic affiliation, nationality, political opinion, religion or belief or real or perceived lack thereof;
(...)