CHAPTER FIVE
THE RIGHT TO JUDICIAL AND OTHER LEGAL PROTECTION
Article 38
(1) No one may be removed from the jurisdiction of her lawful judge. The jurisdiction of courts and the competence of judges shall be provided for by law.
PART ONE GENERAL PART
CHAPTER I COMPETENCY OF CRIMINAL LAWS
Division 3 Local Applicability
Section 4 Principle of Territoriality
(1) The criminality of an act committed in the territory of the Czech Republic shall be assessed pursuant to the law of the Czech Republic.
(2) A criminal offence shall be considered as committed in the territory of the Czech Republic
a) if an offender committed the act here, either entirely or in part, even though the violation or endangering of an interest protected by the criminal law occurred or was
supposed to occur, either entirely or in part abroad, or
b) if an offender violated or endangered an interest protected by criminal law or if such a
consequence was supposed to occur, even partially, within the territory, even though the act was committed abroad.
(3) Participation is committed in the territory of the Czech Republic,
a) the act of the offender has been committed within its territory; which is determined
analogically according to Sub-section (2),), or
b) if the accomplice of the act committed abroad partially acted within its territory.
(4) If the accomplice acted in the territory of the Czech Republic, the law of the Czech Republic shall apply to the participation, regardless of whether the act of the offender is criminal abroad.
Section 5 Principle of Registration
The criminality of an act committed outside of the territory of the Czech Republic, aboard a ship or another vessel, aircraft or other means of air transport, which is registered in the Czech Republic, shall also be assessed in accordance to the law of the Czech Republic. The place of commission of such an act shall be assessed according to Section 4 (2) and (3).
PART ONE GENERAL PART
CHAPTER I COMPETENCY OF CRIMINAL LAWS
Division 3 Local Applicability
Section 6 Principle of Personality
The law of the Czech Republic shall also apply to assessment of criminality of an act committed abroad by a citizen of the Czech Republic or a person with no nationality, who has been granted a permanent residence in its territory.
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 ONE GENERAL PART
CHAPTER I COMPETENCY OF CRIMINAL LAWS
Division 3 Local Applicability
Section 8 Subsidiary Principle of Universality
(1) The law of the Czech Republic shall also apply to assessment of criminality of an act 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, if
1. a) the act is criminal also under the law effective in the territory of its commission, and
2. b) the offender was apprehended in the territory of the Czech Republic and was not extradited or transferred to another state or to another authority entitled to criminal
prosecution.
(2) The law of the Czech Republic shall apply to assessment of criminality of an act committed abroad by a foreign national or a person without a nationality to who has not been granted permanent residence in the territory of the Czech Republic, also when the act was committed in favour of a legal entity with a registered office or branch in the territory of the Czech Republic, or in favour of a natural person who is an entrepreneur with an enterprise, branch or place of business in the territory of the Czech Republic.
(3) However, the offender cannot be imposed a more severe sentence than the sentence prescribed by the law of the state, in the territory of which was the criminal offence committed.
PART ONE GENERAL PART
CHAPTER I COMPETENCY OF CRIMINAL LAWS
Division 3 Local Applicability
Section 9 Jurisdiction Stipulated by International Treaty
(1) Criminality of an act shall be assessed according to the law of the Czech Republic also if an international treaty incorporated into the system of law (hereinafter referred to as “international treaty”) stipulates so.
(2) The provisions of Section 4 to 8 shall not apply if it is not admissible according to an international treaty.
PART ONE
GENERAL PART
CHAPTER I
COMPETENCY OF CRIMINAL LAWS
Division 3
Local Applicability
Section 9 Jurisdiction Stipulated by International Treaty
(1) Criminality of an act shall be assessed according to the law of the Czech Republic also if an international treaty incorporated into the system of law (hereinafter referred to as “international treaty”) stipulates so.
(2) The provisions of Section 4 to 8 shall not apply if it is not admissible according to an international treaty.
PART ONE
GENERAL PART
CHAPTER VIII
EXPLANATORY PROVISIONS
Section 127 Public Official
(3) A public official of a foreign state or international organisation shall be considered, under the conditions referred to in Sub-section (1) and (2), a public official according to the Criminal Code, if an international treaty provides so.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.