PART ONE GENERAL PART
CHAPTER I COMPETENCY OF CRIMINAL LAWS
Division 3 Local Applicability
Section 7 Principle of Protection and Principle of Universality
(1) The law of the Czech Republic shall apply to assessment of criminality of Torture and other cruel and inhumane treatment (Section 149), Forgery and alteration of money (Section 233), Uttering forged and altered money (Section 235), Manufacture and possession of forgery equipment (Section 236), Unauthorised production of money (Section 237), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Violence against public authority (Section 323), Violence against a public official (Section 325), Forgery and alteration of public documents (Section 348), Participation in organised criminal group pursuant to Section 361 (2) and (3), Genocide (Section 400),), Attack against humanity (Section 401) ,), Apartheid and discrimination against groups of people (Section 402), Preparation of offensive war (Section 406), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412) ,), Persecution of population (Section 413), Pillage in the area of military operations (Section 414), Abuse of internationally and state recognised symbols (Section 415) , ), Abuse of flag and armistice (Section 416) and Harming a conciliator (Section 417), even when such a criminal offence was committed abroad by a foreign national or a person with no nationality, who has not been granted permanent residence in the territory of the Czech Republic.
(2) The law of the Czech Republic shall also apply to assessment of criminality of an act committed abroad against a Czech national or a person without a nationality, who has been granted permanent residence in the territory of the Czech Republic, if the act is criminal in the place of its commission, or if the place of its commission is not subject to any criminal jurisdiction. .
PART TWO SPECIAL PART
CHAPTER IX CRIMINAL OFFENCES AGAINST THE CZECH REPUBLIC, FOREIGN STATES AND INTERNATIONAL ORGANISATIONS
Division 8 Other Forms of Criminal Cooperation
Section 366 Favouritism
(1) Whoever assists an offender of a crime with the intention to facilitate his/her evasion of criminal prosecution, punishment or protective measure or execution thereof, shall be sentenced to imprisonment for up to four years; however, if he/she assists an offender of a criminal offence, for which the Criminal Code stipulates a lighter punishment, he/she shall be sentenced to this lighter punishment.
(2) Whoever commits the act referred to in Sub-section (1) in the favour of a close person shall not be criminally liable, unless he/she did so with the intention to
(a) assist a person who committed a criminal offence of Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Genocide (Section 400) , Attacks against humanity (Section 401), Apartheid and discrimination against a group of people (Section 402), Preparation for aggressive war (Section 406), Use of forbidden means and methods of combat (Section 411), War cruelty (Section 412), Persecution of population (Section 413), Pillage in the area of military operations (Section 414) or Abuse of internationally and state recognised symbols (Section 415) , or
(b)obtain material profit for him-/herself or for another.
PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES
Division 1 Criminal Offences Against Humanity
Section 401 Attack against Humanity
(1) Whoever commits within an extensive and systematic attack aimed against civilians
a) extermination of people,
b) enslavement,
c) deportation or forced transfer of a group of civilians ,
d) rape , sexual slavery , forced prostitution , forced pregnancy , forced sterilisation or other
forms of sexual violence ,
e) persecution of a group of civilians on political, race, national, ethnic, cultural or
religious grounds, on sex or another similar grounds,
f) apartheid or another similar segregation or discrimination,
g) illegal restraint, kidnapping to an unknown location or any other restriction of
personal freedom with following involuntary disappearance of persons,
h) torture,
i) murder, or
j) another inhumane act of similar nature,
shall be sentenced to imprisonment for twelve to twenty years or to an exceptional sentence of imprisonment .
(2) Preparation is criminal.
PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES
Division 1 Criminal Offences Against Humanity
Section 402 Apartheid and Discrimination against a Group of People
(1) Whoever practises apartheid or racial, ethnic, national, religious or class segregation or discrimination against other similar groups of people, shall be sentenced to imprisonment for five to twelve years.
(2) An offender shall be sentenced to imprisonment for ten to twenty years or to an exceptional sentence of imprisonment, if he/she
a) exposes such a group of people to difficult life conditions by the act referred to in Sub- section (1),
b) exposes such a group of people to inhumane or humiliating treatment by such an act.
(3) Preparation is criminal.
PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES
Section 413 Persecution of Population
(1) Whoever is responsible for apartheid during a war or another armed conflict or commits other inhumane acts resulting from racial, ethnic, national, religious, class or similar discrimination, or terrorises the civilian population with violence or threat of its use, shall be sentenced to imprisonment for five to fifteen years.
(2) The same sentence shall be imposed to anyone who during a war or another armed conflict
a) destroys or seriously disrupts supply of basic living needs of the civilian population in
the occupied territory or the contact zone, or wilfully fails to provide necessary
assistance to the population for their survival,
b) unjustifiably delays the return of the civilian population or prisoners of war,
c) unjustifiably relocates or deports the civilian population from the occupied territory,
d) settles the occupied territory with a population from his/her own state,
e) drafts children for service with weapons, or
f) wilfully makes it impossible for the civilian population or prisoners of war to be
judged on their offence by an impartial court trial.
(3) An offender shall be sentenced to imprisonment for ten to twenty years or to an exceptional sentence of imprisonment, if he/she causes by the act referred to in Sub-section (1) or (2)
a) grievous bodily harm, oror b) death.
(4) Preparation is criminal.
PART ONE
GENERAL PART
CHAPTER I
COMPETENCY OF CRIMINAL LAWS
Division 3
Local Applicability
Section 7 Principle of Protection and Principle of Universality
(1) The law of the Czech Republic shall apply to assessment of criminality of Torture and other cruel and inhumane treatment (Section 149), Forgery and alteration of money (Section 233), Uttering forged and altered money (Section 235), Manufacture and possession of forgery equipment (Section 236), Unauthorised production of money (Section 237), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Violence against public authority (Section 323), Violence against a public official (Section 325), Forgery and alteration of public documents (Section 348), Participation in organised criminal group pursuant to Section 361 (2) and (3), Genocide (Section 400), Attack against humanity (Section 401), Apartheid and discrimination against groups of people (Section 402), Preparation of offensive war (Section 406), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412), Persecution of population (Section 413), Pillage in the area of military operations (Section 414), Abuse of internationally and state recognised symbols (Section 415), Abuse of flag and armistice (Section 416) and Harming a conciliator (Section 417), even when such a criminal offence was committed abroad by a foreign national or a person with no nationality, who has not been granted permanent residence in the territory of the Czech Republic.
PART TWO
SPECIAL PART
CHAPTER X
CRIMINAL OFFENCES AGAINST ORDER IN PUBLIC MATTERS
Division 8
Other Forms of Criminal Cooperation
Section 366 Favouritism
(2) Whoever commits the act referred to in Sub-section (1) in the favour of a close person shall not be criminally liable, unless he/she did so with the intention to
(a) assist a person who committed a criminal offence of Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Genocide (Section 400), Attacks against humanity (Section 401), Apartheid and discrimination against a group of people (Section 402), Preparation for aggressive war (Section 406), Use of forbidden means and methods of combat (Section 411), War cruelty (Section 412), Persecution of population (Section 413), Pillage in the area of military operations (Section 414) or Abuse of internationally and state recognised symbols (Section 415), or
(b)obtain material profit for him-/herself or for another.
PART TWO
SPECIAL PART
CHAPTER XIII
CRIMINAL OFFENCES AGAINST HUMANITY, PEACE AND WAR CRIMES
Division 1
Criminal Offences Against Humanity
Section 401 Attack against Humanity
(1) Whoever commits within an extensive and systematic attack aimed against civilians
a) extermination of people,
b) enslavement,
c) deportation or forced transfer of a group of civilians,
d) rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilisation or other forms of sexual violence,
e) persecution of a group of civilians on political, race, national, ethnic, cultural or religious grounds, on sex or another similar grounds,
f) apartheid or another similar segregation or discrimination,
g) illegal restraint, kidnapping to an unknown location or any other restriction of personal freedom with following involuntary disappearance of persons,
h) torture,
i) murder, or
j) another inhumane act of similar nature,
shall be sentenced to imprisonment for twelve to twenty years or to an exceptional sentence of imprisonment.
(2) Preparation is criminal
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(b) Crimes against humanity;
1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1:
(a) ‘Attack directed against any civilian population’ means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) ‘Extermination’ includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
(c) ‘Enslavement’ means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
(d) ‘Deportation or forcible transfer of population’ means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
(e) ‘Torture’ means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
(f) ‘Forced pregnancy’ means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
(g) ‘Persecution’ means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
(h) ‘The crime of apartheid’ means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
(i) ‘Enforced disappearance of persons’ means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
3. For the purpose of this Statute, it is understood that the term ‘gender’ refers to the two sexes, male and female, within the context of society. The term ‘gender’ does not indicate any meaning different from the above.