Assisting

Czech Republic

Czech republic - Criminal Code 2010 (2011) EN

PART ONE GENERAL
CHAPTER V CRIMINAL PENALTIES
Division 2 Punishments
Sub-Division 1 General Principles Applying to Imposition of Punishments

Section 39 Determination of the Type and Extent of Punishment
(6) When determining the type of punishment and its extent, the court shall take into consideration
a) in the case of accomplices, the degree to which the activity of each accomplice contributed to the commission of the offence,
b) in the case of an organizer, instigator or assistant , the significance and nature of their participation in the commission of the offence,
c) in the case of preparation of an especially serious felony or an attempted offence, how close the offender’s activity came to completing the offence, as well as the circumstances and grounds on which the crime was not completed.

PART ONE GENERAL
CHAPTER VIII EXPLANATORY PROVISIONS

Section 111 Concept of a Criminal Act
As a criminal act shall be understood solely an act punishable per curiam, and unless individual provisions of the Criminal Code imply otherwise, also a preparation of a criminal act, an attempt of a criminal act , organising , , instructing and assisting therein.

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.

Czech republic - Criminal Procedure Code 1961 (2012) EN

PART ONE
GENERAL PART

CHAPTER V
CRIMINAL PENALTIES

Division 2
Punishments

Sub-Division 1
General Principles Applying to Imposition of Punishments

Section 39 Determination of the Type and Extent of Punishment
(6) When determining the type of punishment and its extent, the court shall take into consideration
b) in the case of an organizer, instigator or assistant, the significance and nature of their participation in the commission of the offence,

PART ONE
GENERAL PART

CHAPTER VIII
EXPLANATORY PROVISIONS

Section 111 Concept of a Criminal Act
As a criminal act shall be understood solely an act punishable per curiam, and unless individual provisions of the Criminal Code imply otherwise, also a preparation of a criminal act, an attempt of a criminal act, organising, instructing and assisting therein.

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.

Rome Statute

Article 25 Individual criminal responsibility

3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;