PART ONE GENERAL
CHAPTER V CRIMINAL PENALTIES
Division 2 Punishments
Sub -Division 4 Types of Penalties and Exceptional Sentence of Imprisonment

Section 52 Types of Punishments
(3) Exceptional sentence of imprisonment (Section 54) is a special type of a sentence of imprisonment.

PART ONE GENERAL
CHAPTER V CRIMINAL PENALTIES
Division 2 Punishments
Sub -Division 4 Types of Penalties and Exceptional Sentence of Imprisonment

Section 54 Exceptional Sentence of Imprisonment
(1) An exceptional sentence of imprisonment shall be understood as a sentence of imprisonment beyond twenty years up to thirty years and a sentence of imprisonment for life. An exceptional sentence of imprisonment may be imposed only for an especially serious felony, where the Criminal Code allows it.
(2) A sentence of imprisonment beyond twenty years up to thirty years may the court impose only if the seriousness of the especially serious felony is very high or if the possibility of reformation of the offender is especially complicated.
(3) A sentence of imprisonment for life may the court impose only to an offender who has committed an especially serious felony of Murder according to Section 140(3) or who has, in the course of commission of an especially serious felony of Public menace according to Section 272(3), Treason (Section 309), Terrorist attack according to Section 311(3), Terror (Section 312), Genocide (Section 400), Attack against humanity (Section 401) ,), Use of prohibited means and methods of combat according to Section 411 (3), War cruelty according to Section 412(3), Persecution of population according to Section 413(3) or Abuse of internationally and state recognised symbols according to Section 415(3) ,), intentionally caused death of another person, and under the conditions that
a) such an especially serious felony is extraordinarily serious in the view of especially condemnable manner of commission of the act or due to especially condemnable motive or especially serious and difficultly remediable consequence and
b) imposition of such a sentence is required for effective protection of society or there is no hope that the offender could be corrected by a sentence of imprisonment beyond twenty years up to thirty.
(4) If the court imposes a sentence of imprisonment for life, it may also decide that the time of the sentence served in a prison with increased security shall not count into the served time of sentence for the purposes of conditional release.

PART ONE GENERAL
CHAPTER V CRIMINAL PENALTIES
Division 2 Punishments
Sub-Division 5 Imposition and Execution of Individual Penalties

Section 55 Imprisonment
(1) Unsuspended sentence of imprisonment shall be imposed for twenty years at most, unless extraordinary increase of a sentence of imprisonment (Section 59), imposition of a sentence of imprisonment to a perpetrator of a criminal offence committed in favour of an organised criminal group (Section 108) or an exceptional sentence of imprisonment is concerned . .
(2) For criminal offences where the upper limit of the term of imprisonment does not exceed five years may an unsuspended sentence of imprisonment be imposed only under the condition that with regard to the character of the offender would imposition of another penalty evidently not induce the offender to lead an upright life.
(3) An unsuspended sentence of imprisonment shall be served according to another legal regulation in a prison.

PART TWO SPECIAL PART
CHAPTER I CRIMES AGAINST LIFE AND HEALTH
Division 1 Criminal Offences against Life

Section 140 Murder
(1) Whoever intentionally kills another person shall be sentenced to imprisonment for ten to eighteen years.
(2) Whoever intentionally kills another person with premeditation and after prior consideration sentenced to imprisonment for twelve to twenty years.
(3) An offender shall be sentenced to imprisonment for fifteen to twenty years or to an exceptional sentence of imprisonment, if he/she commits the act referred to in Sub-section (1) or (2)
a) on two or more persons,
b) on a pregnant woman,
c) on a child under fifteen years of age,
d) on an official person in the service or execution of their competencies,
e) on a witness, expert or interpreter in connection with the performance of his/her
obligations,
f) on a medical worker during performance of the medical profession or employment
aimed at saving life or health, or on a person who fulfilled his/her similar obligation of saving life, health or property arising from his/her employment, profession, position or function, or imposed by law,
g) on another person for their true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith,
h) repeatedly,
i) by a particularly cruel or agonising manner, or
j) with the intention to obtain for him-/herself or for another material profit, or in an attempt to conceal or facilitate another criminal offence, or out of another condemnable motives.

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 TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES

Section 411 Use of Forbidden Means and Methods of Combat
(1) Whoever, during a time of war or another armed conflict, or a combat situation
a) orders use of means of combat or material of a similar nature or uses such means or
material, or
b) orders waging of combat in a forbidden way or wages combat in such a way by
him/herself,
shall be sentenced to imprisonment for two to ten years.
(2) The same sentence shall be imposed to anyone who contrary to provisions of international law on means and methods of waging war or another armed conflict intentionally
a) by a military operation harms civilian population or persons on their lives, health or property or attacks them for retaliation reasons,
b) leads an attack against an unprotected place or demilitarized zon e ,
c) destroys a river dam, nuclear power plant or a similar facility that contains dangerous
powers, or
d) destroys or damages an object designated for humanitarian purposes or an
internationally recognised cultural or natural monument, or exploit such object or monument for military purposes.
(3) An offender shall be sentenced to imprisonment for eight 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 , or b) death.
(4) Preparation is criminal.

PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES

Section 406 Preparation of Offensive War
Whoever is preparing an offensive war, in which the Czech Republic is to participate, and thus exposes the Czech Republic to a risk of war, shall be sentenced to imprisonment for twelve to twenty years or to an exceptional sentence of imprisonment.

Section 407 Incitation of Offensive War
(1) Whoever publicly incites an offensive war, in which the Czech Republic is to participate, promotes such a war, or otherwise supports the war propaganda, shall be sentenced to imprisonment for up to five years.
(2) An offender shall be sentenced to imprisonment for two to ten years, if he/she
a) commits the act referred to in Sub-section (1) at a congregation that is subject to
reporting obligation, or
b) commits such an act by the press, film, radio, television, publicly accessible computer
networks, or other similarly effective means.
(3) 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
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 400 Genocide
(1) Whoever with the intention to completely or partially eradicate a racial, ethnic, national, religious, class, or other similar group of people
a) brings members of such a group to such living conditions that are to cause their complete or partial physical annihilation,
b) takes measures to prevent birth of children within such a group,
c) causes death or grievous bodily harm to a member of such group ,
shall be sentenced to imprisonment for twelve to twenty years or to an exceptional sentence of imprisonment.
(2) The same sentence shall be imposed to anyone who publically incites commission of the act referred to in Sub-section (1).
(3) Preparation is criminal.

PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES

Section 414 Pillage in the Area of Military Operations
(1) Whoever, in the area of military operations, on the battlefield, in places affected by military operations, armed conflict, or in the occupied territory
a) steals from the dead or otherwise misappropriates items or other assets of a stranger, or
b) wilfully destroys, damages, removes, conceals, or abuses the property of a stranger,
shall be sentenced to imprisonment for eight to twenty years to to an exceptional sentence of imprisonment.
Section 415 Abuse of internationally and State Recognised Symbols
(1) Whoever abuses the Red Cross or other distinguishing marks or colours recognised by international law for marking medical institutions or means of transport of medical assistance or evacuation during a state of national peril, state of war, or war or another armed conflict, shall be sentenced to imprisonment for two to eight years.
(2) The same sentence shall be imposed to anyone who abuses the symbol of the United Nations or a flag or state or military symbols, insignia or uniforms of a neutral or another state that is not a party to the conflict during the war or another armed conflict..
(3) An offender shall be sentenced to imprisonment for five 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) death or grievous bodily harm,
b) extensive damage, or
c) retaliation measures of the second party of the war or armed conflict of the same or
similar nature.
(4) Preparation is criminal.

PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES

Section 415 Abuse of internationally and State Recognised Symbols
(1) Whoever abuses the Red Cross or other distinguishing marks or colours recognised by international law for marking medical institutions or means of transport of medical assistance or evacuation during a state of national peril, state of war, or war or another armed conflict, shall be sentenced to imprisonment for two to eight years.
(2) The same sentence shall be imposed to anyone who abuses the symbol of the United Nations or a flag or state or military symbols, insignia or uniforms of a neutral or another state that is not a party to the conflict during the war or another armed conflict..
(3) An offender shall be sentenced to imprisonment for five 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) death or grievous bodily harm,
b) extensive damage, or
c) retaliation measures of the second party of the war or armed conflict of the same or
similar nature.
(4) Preparation is criminal.

PART ONE
GENERAL PART

CHAPTER V
CRIMINAL PENALTIES

Division 2
Punishments

Sub -Division 4
Types of Penalties and Exceptional Sentence of Imprisonment

Section 52 Types of Punishments
(3) Exceptional sentence of imprisonment (Section 54) is a special type of a sentence of imprisonment.

PART ONE
GENERAL PART

CHAPTER V
CRIMINAL PENALTIES

Division 2
Punishments

Sub -Division 4
Types of Penalties and Exceptional Sentence of Imprisonment

Section 54 Exceptional Sentence of Imprisonment
(1) An exceptional sentence of imprisonment shall be understood as a sentence of imprisonment beyond twenty years up to thirty years and a sentence of imprisonment for life. An exceptional sentence of imprisonment may be imposed only for an especially serious felony, where the Criminal Code allows it.
(2) A sentence of imprisonment beyond twenty years up to thirty years may the court impose only if the seriousness of the especially serious felony is very high or if the possibility of reformation of the offender is especially complicated.
(3) A sentence of imprisonment for life may the court impose only to an offender who has committed an especially serious felony of Murder according to Section 140(3) or who has, in the course of commission of an especially serious felony of Public menace according to Section 272(3), Treason (Section 309), Terrorist attack according to Section 311(3), Terror (Section 312), Genocide (Section 400), Attack against humanity (Section 401), Use of prohibited means and methods of combat according to Section 411 (3), War cruelty according to Section 412(3), Persecution of population according to Section 413(3) or Abuse of internationally and state recognised symbols according to Section 415(3), intentionally caused death of another person, and under the conditions that
a) such an especially serious felony is extraordinarily serious in the view of especially condemnable manner of commission of the act or due to especially condemnable motive or especially serious and difficultly remediable consequence and
b) imposition of such a sentence is required for effective protection of society or there is no hope that the offender could be corrected by a sentence of imprisonment beyond twenty years up to thirty.
(4) If the court imposes a sentence of imprisonment for life, it may also decide that the time of the sentence served in a prison with increased security shall not count into the served time of sentence for the purposes of conditional release.

Sub-Division 5
Imposition and Execution of Individual Penalties

Section 55 Imprisonment
(1) Unsuspended sentence of imprisonment shall be imposed for twenty years at most, unless extraordinary increase of a sentence of imprisonment (Section 59), imposition of a sentence of imprisonment to a perpetrator of a criminal offence committed in favour of an organised criminal group (Section 108) or an exceptional sentence of imprisonment is concerned.

PART TWO
SPECIAL PART

CHAPTER XIII
CRIMINAL OFFENCES AGAINST HUMANITY, PEACE AND WAR CRIMES

Division 2
Criminal Offences against Peace and War Crimes

Section 406 Preparation of Offensive War
Whoever is preparing an offensive war, in which the Czech Republic is to participate, and thus exposes the Czech Republic to a risk of war, shall be sentenced to imprisonment for twelve to twenty years or to an exceptional sentence of imprisonment.