PART ONE GENERAL
CHAPTER II CRIMINAL LIABILITY
Division 1 Fundamentals of Criminal Liability

Section 14 Misdemeanours and Felonies
(3) Felonies are all criminal offences that are not classified as misdemeanours under the Criminal Code; especially serious felonies are those intentional criminal offences for which the Criminal Code prescribes a sentence of imprisonment with the upper limit of at least ten years.

PART ONE GENERAL
CHAPTER V CRIMINAL PENALTIES
Division 1 Types of Criminal Penalties and General Principles Applying to their Imposition

Section 36 Types of Criminal Penalties
Criminal penalties are punishments and protective measures.

Section 37 General Provisions Applying to Imposition of Criminal Penalties
(1) Criminal penalties may only be imposed in accordance with the Criminal Code.
(2) An offender may not be sentenced to cruel or disproportionate criminal penalties. Human dignity may not be impaired by executing a criminal penalty.

Section 38 Proportionality of Criminal Penalties
(1) Criminal penalties shall be imposed with regard to the nature and gravity of the criminal offence committed and the personal situation of the offender.
(2) In cases where the imposition of a less severe criminal penalty to the offender will suffice, a more severe penalty may not be imposed.
(3) While imposing criminal penalties, the legally protected interests of parties injured by the criminal offence shall be taken into account.

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
(1) The court may impose the following punishments for committed criminal offences
a) sentence of imprisonment,
b) house confinement,
c) community service,
d) confiscation of property,
e) pecuniary penalty,
f) confiscation of a thing or other asset value,
g) prohibition of activity,
h) prohibition of stay,
i) prohibition of entering sport, cultural and other social events,
j) loss of honorary titles or decorations,
k) loss of military rank,
l) banishment.
(2) Unless defined otherwise by the Criminal Code, a sentence of imprisonment shall be understood as
a) an unsuspended prison sentence,
b) a suspended sentence of imprisonment,
c) a suspended sentence of imprisonment with supervision.
(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 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 ONE GENERAL
CHAPTER V CRIMINAL PENALTIES
Division 2 Punishments
Sub-Division 5 Imposition and Execution of Individual Penalties

Section 66 Confiscation of Property
(1) The court may, with regard to circumstances of a case and relations of an offender, impose a sentence of confiscation of property, if it sentences an offender to an exceptional sentence of imprisonment or for an especially serious felony by which has the offender gained or tried to gain for him/herself a proprietary benefit.
(2) Without the conditions of Sub-section (1) may the court impose a sentence of confiscation of property only in the event that the Criminal Code allows imposing this sentence for a specific criminal offence; as a single penalty may a confiscation of property be imposed if with regard to the nature and gravity of the committed criminal offence and to the character and circumstances of the offender is imposition of another penalty not necessary.
(3) Confiscation of property affects the whole property of an offender or a portion thereof designated by the court; however confiscation does not apply to means and things necessary for satisfaction of necessities of life of the convict and persons, whose support or upbringing is the convict legally obliged to provide.
(4) A sentence of confiscation of property terminates community marital property.
(5) Confiscated property shall devolve to the state.

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 II CRIMINAL OFFENCES AGAINST FREEDOM, PERSONAL AND PRIVACY RIGHTS AND CONFIDENTIALITY OF CORRESPONDENCE
Division 1 Criminal Offences against Freedom

Section 168 Trafficking in Human Beings
(1) Whoever forces, procures, hires, incites , entices , transports, conceals, detains, or consigns
a child to be used by another for
a) sexual intercourse or other forms of sexual abuse or harassment , or for production of pornographic works,
b) extraction of tissue, cell, or organs from his/her body,
c) service in the armed forces,
d) slavery or servitude, or
e) forced labour or other forms of exploitation, or who profits on such a conduct,
shall be sentenced to imprisonment for two to ten years.
(2) The same sentence shall be imposed to anyone who forces, procures, hires, incites, entices, transports, hides, detains, or consigns a person other than referred to in Sub-section (1) by using violence, threat of violence or other grievous harm or deceit, or by abusing his/ehr error, distress, or addiction in order to use him/her for
a) sexual intercourse or other forms of sexual abuse or harassment, or for the production of pornographic works,
b) extraction of tissue, cell, or organs from their body,
c) service in the armed forces,
d) slavery or servitude, or
e) forced labour or other forms of exploitation, or who profits on such conduct.
(3) An offender shall be sentenced to imprisonment for five to twelve years or to confiscation of property if he/she
a) commits then act referred to in Sub-section (1) or (2) as a member of an organised group,
b) exposes another person to a risk of grievous bodily harm or death by such an act,
c) commits such an act with the intention to gain a substantial profit for him-/herself or
for another, or
d) commits such an act with the intention to use another person for prostitution.
(4) An offender shall be sentenced to imprisonment for eight to fifteen years or to confiscation of property if he/she
a) causes grievous bodily harm by the act referred to in Sub-section (1) or (2),
b) commits such an act with the intention to gain extensive profit for him-/herself or for
another, or
c) commits such an act in connection to an organised group operating in several states.
(5) An offender shall be sentenced to imprisonment for ten to eighteen years or to confiscation of property, if he/she causes death by the act referred to in Sub-section (1) or (2).
(6) Preparation is criminal.

PART TWO SPECIAL PART
CHAPTER IX CRIMINAL OFFENCES AGAINST THE CZECH REPUBLIC, FOREIGN STATES AND INTERNATIONAL ORGANISATIONS
Division 4 Other Interference with Activity of Public Authority

Section 335 Interfering with Independence of Courts
(1) Whoever influences a judge to breach his/her duty in proceedings before court, shall be sentenced to imprisonment for six months to three years.
(2) An offender shall be sentenced to imprisonment for two to ten years, if he/she commits the act referred to in Sub-Section (1) with the intent to
(a) obtain for him-/herself or for another substantial profit,
(b) cause substantial damage, or
(c) seriously harm another at work, disrupt his/her family relations or cause another
serious detriment.
(3) An offender shall be sentenced to five to twelve years of imprisonment, if he/she commits the act referred to in Sub-section (1) with the intent to
(a) obtain for him-/herself or for another extensive profit, (b) cause extensive damage.

Section 336 Contempt of Court
Whoever repeatedly
(a) seriously disturbs proceeding of court,
(b) behaves insultingly or disrespectfully towards the court in such proceedings, or
(c) fails to obey an order or notice of the court without an adequate justification or thwarts
proceeding of court,
shall be sentenced to imprisonment for up to two years or to confiscation of a thing or other asset value.

Section 345 False Accusation
(1) Whoever falsely accuses another of a criminal act, shall be sentenced to imprisonment for up to two years.
(2) Whoever falsely accuses another of a criminal act with the intention to cause his/her criminal prosecution, shall be sentenced to imprisonment for up to three years .
(4) An offender shall be sentenced to imprisonment for three to ten years , if he/she causes extensive damage by the act referred to in Sub-section (1) or (2).

Section 346 False Testimony
(1) Whoever gives as an expert a false, grossly distorted or incomplete expert opinion, shall be sentenced to imprisonment for up to two years or to prohibition of activity.
(2) Whoever as a witness before court or international judicial authority, before a public notary as a judicial commissioner, public prosecutor or a police authority conducting pre-trial proceedings according to the Code of Criminal Procedure, or before the investigative committee of the Chamber of Deputies of the Parliament of the Czech Republic
a) states untrue about a circumstance that has essential relevance for decision making or for findings of the investigative committee of the Chamber of Deputies of the Parliament of the Czech Republic,
b) conceals such a circumstance,
shall be sentenced to imprisonment for six months to three years or to prohibition of activity.
(3) An offender shall be sentenced to imprisonment for two to ten years, if he/she
a) causes substantial damage by the act referred to in Sub-section (1) or (2), or
b) commits such an act with the intention to seriously harm another in his/her occupation,
to disrupt his/her family relations or to cause another serious detriment.

Section 347 False Translation
(1) Whoever as an interpreter incorrectly, with gross distortion or incompletely interprets or translates in writing in proceedings before a public authority or in connection to such proceedings matters of fact or circumstances that have essential importance for decision making of a public authority, shall be sentenced to imprisonment for up to two years or to prohibition of activity.
(2) Whoever as an interpreter before a court or international judicial authority, public prosecutor or a police authority that conducts pre-trial proceedings according to the Code of Criminal Procedure, or before the investigative committee of the Chamber of Deputies of the Parliament of the Czech Republic incorrectly, with gross distortion or incompletely interprets or translates in writing, shall be sentenced to imprisonment for six months to three years or to prohibition of activity.
(3) An offender shall be sentenced to imprisonment for two to ten years, if he/she a) causes substantial damage by the act referred to in Sub-section (1) or (2), or
b) commits such an act with the intention to seriously harm another in his/her occupation, to disrupt his/her family relations or to cause another serious detriment.

Section 350 Forgery and Issue of False Medical Report, Opinion and Finding
(1) Whoever forges a medical report, opinion or finding or substantially alters its content with the intention to use it in proceedings before an authority of social security or before another public authority, in criminal, civil or other trial proceedings, or
whoever uses in proceedings before an authority of social security or before another public authority in criminal, civil or other trial proceedings such a report, opinion or finding as genuine,
shall be sentenced to imprisonment for up to two years or to prohibition of activity.
(2) The same sentence shall be imposed to anyone who
as a doctor or another competent medical person issues a false or grossly distorted medical report, opinion or finding or therein conceals significant matters of fact about his/her medical condition or medical condition of another for the purpose of using it in proceedings
before an authority of social security or another public authority, in criminal, civil or other trial proceedings, or
whoever uses such a medical report, opinion or finding in proceedings before an authority of social security or another public authority, in criminal, civil or other trial proceedings.
(3) An offender shall be sentenced to imprisonment for six months to five years or to a pecuniary penalty, if he/she
a) gains for him-/herself or for another substantial profit by the act referred to in Sub- section (1) or (2), or
b) causes substantial damage by such an act.
(4) An offender shall be sentenced to imprisonment for two to eight years, if he/she
a) gains for him-/herself or for another extensive profit by the act referred to in Sub-
section (1) or (2), or
b) causes extensive damage by such an act.

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
(1) The court may impose the following punishments for committed criminal offences
a) sentence of imprisonment,
b) house confinement,
c) community service,
d) confiscation of property, e) pecuniary penalty,
f) confiscation of a thing or other asset value,
g) prohibition of activity,
h) prohibition of stay,
i) prohibition of entering sport, cultural and other social events,
j) loss of honorary titles or decorations,
k) loss of military rank,
l) banishment.
(2) Unless defined otherwise by the Criminal Code, a sentence of imprisonment shall be understood as
a) an unsuspended prison sentence,
b) a suspended sentence of imprisonment,
c) a suspended sentence of imprisonment with supervision.
(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 5
Imposition and Execution of Individual Penalties

Section 66 Confiscation of Property
(1) The court may, with regard to circumstances of a case and relations of an offender, impose a sentence of confiscation of property, if it sentences an offender to an exceptional sentence of imprisonment or for an especially serious felony by which has the offender gained or tried to gain for him/herself a proprietary benefit.
(2) Without the conditions of Sub-section (1) may the court impose a sentence of confiscation of property only in the event that the Criminal Code allows imposing this sentence for a specific criminal offence; as a single penalty may a confiscation of property be imposed if with regard to the nature and gravity of the committed criminal offence and to the character and circumstances of the offender is imposition of another penalty not necessary.
(3) Confiscation of property affects the whole property of an offender or a portion thereof designated by the court; however confiscation does not apply to means and things necessary for satisfaction of necessities of life of the convict and persons, whose support or upbringing is the convict legally obliged to provide.
(4) A sentence of confiscation of property terminates community marital property.
(5) Confiscated property shall devolve to the state.

Section 67 Pecuniary Penalty
(1) The court may impose a pecuniary penalty if an offender gained or tried to gain for him- /herself or for another material profit by a criminal offence.
(2) Without the conditions of Sub-section (1) may the court impose a pecuniary penalty only in the event that
a) the Criminal Code allows imposition of this penalty for the committed criminal offence, or
b) it imposes this penalty for a misdemeanour and with regard to the nature and gravity of the committed criminal offence and the character and circumstances of the offender is an unsuspended sentence of imprisonment not imposed concurrently.
(3) As an individual sentence may a pecuniary penalty be imposed if with regard to the nature and gravity of the committed criminal offence and the character and circumstances of the offender is imposition of another sentence not necessary.

PART ONE
GENERAL PART

CHAPTER V
CRIMINAL PENALTIES

Division 2
Punishments

Sub-Division 5
Imposition and Execution of Individual Penalties

Section 79 Loss of Military Rank
(1) The court may impose a sentence of loss of a military rank, if it sentences an offender for an intentional criminal offence committed out of an especially condemnable motive to an unsuspended sentence of imprisonment for at least two years.
(2) The court may impose this sentence also in parallel to another penalty, if it is required for discipline and order in military forces with regard to the nature of the committed criminal offence.
(3) Loss of military rank consists in lowering the rank of the convict to the rank of a private.

Section 80 Banishment
(1) The court may sentence an offender, who is not a national of the Czech Republic, to banishment from the territory of the Czech Republic, it may be imposed as an individual sentence or in parallel to another sentence, if it is required for the safety of people or property or for another public interest; as a single sentence may banishment be imposed, if with regard to the nature and gravity of the committed criminal offence and the character and circumstances of the offender is imposition of another sentence not necessary.
(2) With regard to the nature and gravity of the committed criminal offence, possibilities of correction and circumstances of the offender and to the degree of threat to the safety of people, property or another public interest may the court impose a sentence of banishment in a term of one year to ten years or indefinitely.
(3) The court shall not impose banishment, if
a) it was impossible to establish the nationality of the offender,
b) the offender was granted asylum or supplementary protection according to a special
legal enactment,
c) the offender was granted a permanent residence in the territory of the Czech Republic,
has employment and social background here and imposing such a sentence would be
contrary to the interest on integration of families,
d) there is a threat that the offender would be persecuted in the state he/she is to be
banished to for his/her race, belonging to an ethnical group, nationality, belonging to a certain social group, political or religious beliefs, or if banishment would expose the offender to torture or other inhumane treatment or punishment,
e) the offender is a citizen of the European Union or a family member thereof disregarding his/her nationality and has a permanent residence permitted in the territory of the Czech Republic, or is a foreigner with a recognised legal status of a long-term resident in the territory of the Czech Republic according to a special legal enactment, unless the court finds substantial reasons of a threat to the security of state or public order,
f) the offender is a citizen of the European Union and in past 10 years has uninterruptedly resided in the territory of the Czech Republic, unless substantial reasons of threat to the security of state are found, or
g) the offender is a child who is a citizen of the European Union, unless banishment is in his/her best interest.

PART TWO
SPECIAL PART

CHAPTER I
CRIMES AGAINST LIFE AND HEALTH

Division 1
Criminal Offences against Life

Section 140 Murder
(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)

PART TWO
SPECIAL PART

CHAPTER I
CRIMES AGAINST LIFE AND HEALTH

Division 2
Criminal Offences against Health

Section 145 Grievous Bodily Harm
(2) An offender shall be sentenced to imprisonment for five to twelve years if he/she commits act referred to in Sub-section (1)

PART TWO
SPECIAL PART

CHAPTER I
CRIMES AGAINST LIFE AND HEALTH

Division 2
Criminal Offences against Health

Section 146 Bodily Harm
(2) An offender shall be sentenced to imprisonment for one year to five years, if he/she commits the act referred to in Sub-section (1)

PART TWO
SPECIAL PART

CHAPTER I
CRIMES AGAINST LIFE AND HEALTH

Division 3
Criminal Offences Endangering Life or Health

Section 149 Torture and other Cruel and Inhumane Treatment
(1) Whoever causes bodily or mental suffering by means of torture or some other inhuman or cruel treatment to another person in connection to exercise of powers of a public authority, a local authority, a court, or another public authority, shall be sentenced to imprisonment for from six months to five years.
(2) An offender shall be sentenced to imprisonment for two to eight years, if he/she
a) commits an act referred to in Sub-section (1) as a public official,
b) commits such act against a witness, an expert or an interpreter because of performance of their duty,
c) commits such an act 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. commits such act with at least two other persons, or

PART TWO
SPECIAL PART

CHAPTER II
CRIMINAL OFFENCES AGAINST FREEDOM, PERSONAL AND PRIVACY RIGHTS AND CONFIDENTIALITY OF CORRESPONDENCE

Division 1
Criminal Offences against Freedom

Section 168 Trafficking in Human Beings
(1) Whoever forces, procures, hires, incites, entices, transports, conceals, detains, or consigns
a child to be used by another for
a) sexual intercourse or other forms of sexual abuse or harassment, or for production of pornographic works,
b) extraction of tissue, cell, or organs from his/her body,
c) service in the armed forces,
d) slavery or servitude, or
e) forced labour or other forms of exploitation, or
who profits on such a conduct,
shall be sentenced to imprisonment for two to ten years
(2) The same sentence shall be imposed to anyone who forces, procures, hires, incites, entices, transports, hides, detains, or consigns a person other than referred to in Sub-section (1) by using violence, threat of violence or other grievous harm or deceit, or by abusing his/ehr error, distress, or addiction in order to use him/her for
a) sexual intercourse or other forms of sexual abuse or harassment, or for the production
of pornographic works,
b) extraction of tissue, cell, or organs from their body,
c) service in the armed forces,
d) slavery or servitude, or
e) forced labour or other forms of exploitation, or
who profits on such conduct.
(3) An offender shall be sentenced to imprisonment for five to twelve years or to confiscation of property if he/she
a) commits then act referred to in Sub-section (1) or (2) as a member of an organised group,
b) exposes another person to a risk of grievous bodily harm or death by such an act,
c) commits such an act with the intention to gain a substantial profit for him-/herself or for another, or
d) commits such an act with the intention to use another person for prostitution.
(4) An offender shall be sentenced to imprisonment for eight to fifteen years or to confiscation
of property if he/she
a) causes grievous bodily harm by the act referred to in Sub-section (1) or (2),
b) commits such an act with the intention to gain extensive profit for him-/herself or for another, or
c) commits such an act in connection to an organised group operating in several states.
(5) An offender shall be sentenced to imprisonment for ten to eighteen years or to confiscation of property, if he/she causes death by the act referred to in Sub-section (1) or (2).
(6) Preparation is criminal.