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 176 Restricting Freedom of Religion
(1) Whoever uses violence, a threat of violence or another detriment to
a) force another person to participate in a religious act,
b) restrict without an authorisation another person from participation in such a religious
act, or
c) otherwise constrain another person from enjoying freedom of religion,
shall be sentenced to imprisonment for up to two years.
(2) An offender shall be sentenced to imprisonment for one year to five years or to a pecuniary penalty, if he/she commits the act referred to in Sub-section (1)
a) on at least three persons, or b) with a weapon.
PART TWO SPECIAL PART
CHAPTER IX CRIMINAL OFFENCES AGAINST THE CZECH REPUBLIC, FOREIGN STATES AND INTERNATIONAL ORGANISATIONS
Division 5 Criminal Acts Disturbing Cohabitation of People
Section 352 Violence Against Group of People and Individuals
(1) Whoever threatens a group of people with death, bodily harm or causing extensive damage, shall be sentenced to imprisonment for up to one year.
(2) Whoever uses violence against a group of people or against an individual or threatens them with death, bodily harm or causing extensive damage for their true or presupposed race, belonging to an ethnic group, nationality, political or religious beliefs or because they are truly or supposedly without religion, shall be sentenced to imprisonment for six months to three years.
(3) The same sentence as in Sub-section (2) shall be imposed to anyone w ho
a) conspires or assembles for the purpose of committing such an act, or
b) commits the act referred to in Sub-section (1) by press, film, radio, television,
publically accessible computer network or in another similarly effective manner
Section 356 Instigation of Hatred towards a Group of People or of Suppression their Rights and Freedoms
(1) Whoever publicly instigates hatred towards any nation, race, ethnic group, religion, class or another group of people or instigates suppression of rights and freedoms of their members, shall be sentenced to imprisonment for up to two years .
(2) The same sentence shall be imposed to anyone who conspires or assembles to commit the act referred to in Sub-section (1).
(3) An offender shall be sentenced to imprisonment for six months to three years , if he/she
a) commits the act referred to in Sub-section (1) by press, film, radio, television,
publicly accessible computer network or in another similarly effective way, or
b) actively participates in activities of a group, organisation or association that promotes
discrimination, violence or race, ethnical, class, religious or other hatred by such an act.
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 IX CRIMINAL OFFENCES AGAINST THE CZECH REPUBLIC, FOREIGN STATES AND INTERNATIONAL ORGANISATIONS
Division 8 Other Forms of Criminal Cooperation
Section 367 Non-prevention of Criminal Offence
(1) Whoever gains credible knowledge that another person is preparing to commit or is committing a criminal act of Murder (Section 140), Manslaughter (Section 141), Grievous bodily harm (Section 145), Torture and other cruel and inhumane treatment (Section 149), Illicit abortion of pregnancy without the consent of the pregnant woman (Section 159), Unauthorised extraction of tissues and organs (Section 164), Trafficking in human beings (Section 168), Illegal confinement (Section 170), Abduction under Section 172 (3) and (4), Robbery (Section 173), Hostage taking (Section 174), Extortion under Section 175 (3) and (4), Unauthorised use of personal data under Section 180 (4), Rape (Section 185), Sexual abuse (Section 187), Abuse of a child for production of pornography (Section 193), Maltreatment of entrusted person (Section 198), Theft under Section 205 (5), Embezzlement under Section 206 (5), Fraud under Section 209 (5), Insurance fraud under Section 210 (6), Credit fraud under Section 211 (6), Subvention fraud under Section 212 (6), Participation under Section 214 (3) and (4), Money laundering under Section 216 (4), Forgery and alteration of money (Section 233), Unauthorised obtaining, forgery and alteration of means of payment (Section 234), Unauthorised production of money (Section 237), Evasion of taxes, fees and similar compulsory payments under Section 240 (3), Abuse of information and status in commerce under Section 255 (4), Harming financial interests of European Communities under Section 260 (5), Breach of regulations on control of export of goods and technologies of dual use (Section 262), Breach of duty in export of goods and technologies of dual use (Section 263), Conducting foreign business with military material without licence or permit (Section 265), Breach of duty related to issuing permits and licenses for foreign trade with military material (Section 266), Public menace (Section 272), Development, manufacture and possession of prohibited means of combat (Section 280), Unauthorised production and possession of radioactive substances and highly dangerous substances (Section 281), Unauthorised production and possession of nuclear material and special fission material (Section 282), Unauthorised production and other disposal with narcotic and psychotropic substances and poisons (Section 283), Gaining control over aircraft, civil vessel and fixed platform (Section 290), Hijacking of aircraft to abroad (Section 292), Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Endangering classified information (Section 317), Military treason (Section 320), Violence against a public authority under Section 323 (3) and (4), Violence against a public official under Section 325 (3) and (4), Accepting bribes (Section 331), Bribery (Section 332), Violent crossing of state borders under Section 339 (2) and (3), Organising and facilitation of unauthorised crossing of state borders under Section 340 (4), Mutiny of prisoners (Section 344), Participation in an organised criminal group under Section 361 (2) and (3), Disobeying orders under Section 375 (2) and (3), Resisting and coercion to violate military duty under Section 377 (2) and (3), Breach of rights and protected interests of soldiers of equal rank under Section 382 (3) and (4), Breach of rights and protected interests of subordinate or lower rank soldiers under Section 383 (3) and (4), Desertion (Section 386), Endangering the moral status of soldiers under Section 392 (2), Genocide (Section 400), Attack against humanity (Section 401), Apartheid and discrimination against groups of people (Section 402), Preparation of offensive war (Section 406), Relations threatening peace (Section 409), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412), Persecution of the population (Section 413), Pillage in the area of military operations (Section 414) or Abuse of internationally and state recognised symbols under Section 415 (3), and does not try to prevent commission or completion of such a criminal offence, shall be sentenced to imprisonment for up to three years; if this Act stipulates a lighter punishment for any of these criminal offences, he/she shall be sentenced to such a lighter punishment.
(2) Whoever commits an act referred to in Sub-section (1) shall not be criminally liable, if he/she could not contravene the criminal act without exposing him-/herself or a close person to danger of death, bodily harm, other serious detriment or criminal prosecution. However, stating a close person does not exclude the offender from criminal liability, if the non- prevention concerns a criminal offence of Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), 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 the population (Section 413), (Section 414) or Abuse of internationally and state recognised symbols under Section 415 (3).
Section 368 Non-reporting of Criminal Offense
(1) Whoever gains credible knowledge that another person committed a criminal act of Murder (Section 140), Grievous bodily harm (Section 145), Torture and other cruel and inhumane treatment (Section 149), Illegal confinement (Section 170), Hostage taking (Section 174), Abuse of a child for production of pornography (Section 193), Maltreatment of entrusted person (Section 198), Forgery and alteration of money (Section 233), Unauthorised obtaining, forgery and alteration of means of payment (Section 234), Unauthorised production of money (Section 237), Breach of regulations on control of export of goods and technologies of dual use (Section 262), Breach of duty in export of goods and technologies of dual use (Section 263), Conducting foreign business with military material without licence or permit (Section 265), Breach of duty related to issuing permits and licenses for foreign trade with military material (Section 266), Public menace (Section 272), Development, manufacture and possession of prohibited means of combat (Section 280), Unauthorised production and possession of radioactive substances and highly dangerous substances (Section 281), Unauthorised production and possession of nuclear material and special fission material (Section 282), Gaining control over aircraft, civil vessel and fixed platform (Section 290), Hijacking of aircraft to abroad (Section 292), Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Endangering classified information (Section 317), Military treason (Section 320), Accepting bribes (Section 331), Bribery (Section 332), Participation in an organised criminal group under 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 the population (Section 413), (Section 414) or Abuse of internationally and state recognised symbols under Section 415 (3), and fails to immediately report such a criminal act to the public prosecutor or police authority, or if a soldier is concerned, to their superior, shall be sentenced to imprisonment for up to three years; if this Act stipulates a lighter punishment for any of these criminal offences, he/she shall be sentenced to such a lighter punishment.
(2) Whoever commits an act referred to in Sub-section (1) shall not be criminally liable, if he/she could not report the criminal act without exposing him-/herself or a close person to danger of death, bodily harm, other serious detriment or criminal prosecution.
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 TWO
SPECIAL PART
CHAPTER II
CRIMINAL OFFENCES AGAINST FREEDOM, PERSONAL AND PRIVACY RIGHTS AND CONFIDENTIALITY OF CORRESPONDENCE
Division 1
Criminal Offences against Freedom
Section 176 Restricting Freedom of Religion
(1) Whoever uses violence, a threat of violence or another detriment to
a) force another person to participate in a religious act,
b) restrict without an authorisation another person from participation in such a religious act, or
c) otherwise constrain another person from enjoying freedom of religion, shall be sentenced to imprisonment for up to two years.
(2) An offender shall be sentenced to imprisonment for one year to five years or to a pecuniary penalty, if he/she commits the act referred to in Sub-section (1)
a) on at least three persons, or
b) with a weapon.
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
e) persecution of a group of civilians on political, race, national, ethnic, cultural or religious grounds, on sex or another similar grounds,
1. A los efectos del presente Estatuto, se entenderá por "crimen de lesa humanidad" cualquiera de los actos siguientes cuando se cometa como parte de un ataque generalizado o sistemático contra una población civil y con conocimiento de dicho ataque:
(h) Persecución de un grupo o colectividad con identidad propia fundada en motivos políticos, raciales, nacionales, étnicos, culturales, religiosos, de género definido en el párrafo 3, u otros motivos universalmente reconocidos como inaceptables con arreglo al derecho internacional, en conexión con cualquier acto mencionado en el presente párrafo o con cualquier crimen de la competencia de la Corte;
2. A los efectos del párrafo 1:
(g) Por "persecución" se entenderá la privación intencional y grave de derechos fundamentales en contravención del derecho internacional en razón de la identidad del grupo o de la colectividad;
3. A los efectos del presente Estatuto se entenderá que el término "género" se refiere a los dos sexos, masculino y femenino, en el contexto de la sociedad. El término "género" no tendrá más acepción que la que antecede.