What is Act No 175 / 1990 Coll.?

Act No. 175 / 1990 Coll., amending and supplementing the criminal law — Law amending and supplementing criminal law.

When it became Act No 175 / 1990 Coll. effectiveness?

Act No 175 / 1990 Coll. became effective 01.07.1990.

Is Act No 175 / 1990 Coll. still valid?

Yes, Act No 175 / 1990 Coll. is still valid and effective.

Act No 175 / 1990 Coll. - Law amending and supplementing criminal...

175

THE LAW

of 2 May 1990

amending and supplementing the criminal law

The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:

Článek I

Criminal Act No. 140 / 1961 Coll., as amended by Acts No. 120 / 1962 Coll., No. 53 / 1963 Coll., No. 56 / 1965 Coll., No. 81 / 1966 Coll., No. 148 / 1969 Coll., No. 45 / 1973 Coll., No. 43 / 1980 Coll., No. 159 / 1989 Coll., No. 47 / 1990 Coll. and No. 84 / 1990 Coll. are amended as follows:

A. Changes to the general section:

1.

„§ 1

The purpose of the Criminal Act is to protect the society and constitutional establishment of the Czech and Slovak Federal Republic, the rights and legitimate interests of citizens and organisations. "

2. In Article 7 (1), the words "of particular importance (Article 41 (2)) 'shall be inserted after the words" of assistance to'.

3. in § 12 (2), § 25 and § 32 (1), the words "by the ingestion of an alcoholic beverage or a narcotic drug" shall be replaced by the words "by an addictive substance."

4. In Paragraph 17, the following paragraph 3 is inserted after paragraph 2:

"(3) Under the Czechoslovak law, the criminal offence of an offence committed on board a Czechoslovak ship or a Czechoslovak aircraft outside the territory of the Republic is also assessed. The place where such an act is committed shall be assessed mutatis mutandis in accordance with paragraph 2. ';

5.

„§ 19

Under the Czechoslovak law, the criminality of the dissolution of the Republic (§ 92), terror (§ 93 and 93a), corruption (§ 95 and 96), sabotage (§ 97), spying (§ 105), forgery and counterfeiting of money (§ 140), disclosure of counterfeit and altered money (§ 141), manufacture and possession of counterfeiting equipment (§ 142), assault on a state authority pursuant to § 153, assault on public actors pursuant to § 155, genocide (§ 259), abuse of an internationally recognised means of combat (§ 265), war crime against peace (§ 263), persecution of the population (§ 263a), theft in the area of war operations (§ 264), abuse of internationally recognised and civil acts against peace (§ 265) and crime against peace under § 1 of law No 165 / 1950 Coll.

6. the following Section 20a is inserted after Section 20:

„§ 20a

(1) The punishment of the act is also assessed under the Czechoslovak law if it is provided for in the declared international treaty, which is bound by the Czech and Slovak Federal Republic.

(2) Paragraph 17 to 20 shall not apply where the declared international treaty, which is bound by the Czech and Slovak Federal Republic, does not allow it. '

7. Article 21 (2) reads as follows:

"(2) The criminal sentence of a foreign state cannot be enforced in the territory of the Republic or have any other effect unless the declared international treaty, which is bound by the Czech and Slovak Federal Republic, provides otherwise. '

8. In Paragraph 23 (1), the words "working man" are deleted after the word "life."

9. in Article 24 (1) (b), the words "offered by a social organisation" shall be deleted and the words "educational strength of the collective" shall be replaced by the words "educational influence of the person who offered the guarantee."

10. in Article 27, the provisions of (b) shall be deleted;

The existing provisions under points (c) to (i) shall be renumbered (b) to (ch).

11. Article 28 (2) reads as follows:

"(2) However, a penalty may not be imposed in addition to the forfeiture of property. '

12.

„§ 29

Exceptional punishment

(1) An exceptional sentence shall mean, on the one hand, a prison sentence of 15 to 25 years, and, on the other, a life sentence. Exceptional punishment can only be imposed for an offence for which this law allows it in a special part.

(2) A sentence of 15 to 25 years may be imposed by the court only if the degree of danger of a crime to society is very high and the possibility of rectification of the perpetrator is particularly difficult.

(3) The sentence of imprisonment may be imposed by the court only on the offender who committed the offence of murder pursuant to § 219 (2), or who intentionally caused the death of another person in a criminal offence of treason (§ 91), terror pursuant to § 93 or § 93a (3), a general threat pursuant to § 179 (3) or genocide (§ 259), under the conditions that:

(a) the degree of danger to society of such an offence is extremely high due to the particularly deplorable way in which the offence is carried out or to the particularly deplorable cause or to the particularly difficult and difficult to repair effect;

(b) the imposition of such a penalty requires effective protection of society; and

(c) there is no hope that the perpetrator can be corrected by a prison sentence of 15 to 25 years. ';

Paragraph 30 is deleted.

13. In the second sentence of Paragraph 31 (1), the words "offered by a social organisation 'shall be deleted and the words" the educational power of the collective' shall be replaced by the words "the educational influence of the provider '.

14. In Paragraph 33 (g), the words "working man" are deleted after the word "life."

15.

"(a) he has committed a crime of particularly repugnant intent,"

16. The second sentence of Paragraph 35 (2) reads: "Together with the imposition of the general sentence, the court shall abolish the sentence of the sentence imposed on the offender by the earlier judgment, as well as any other decision relating to that sentence, if, in the light of the change resulting from the annulment, the ground has been lost."

17. In Paragraph 36, the last sentence is: "If one of these punishments is an exceptional prison sentence of 15 to 25 years, the maximum period shall be 25 years."

18. Paragraph 38 repeals paragraph 3; paragraph 4 becomes paragraph 3, and the reference in brackets is amended to paragraphs 1 and 2.

19. in Paragraph 39, the following paragraph 2 is inserted after paragraph 1:

"(2) For offences where the upper limit of the criminal prison rate does not exceed one year, an unconditional prison sentence may be imposed only on the condition that, in view of the person responsible for the imposition of another sentence, it would clearly not lead to the purpose of the sentence. '

In paragraph 2, the words "working person 'shall be deleted and paragraphs 2 and 3 shall be renumbered paragraphs 3 and 4.

20. In Paragraph 39a (3), the sentence behind the semicolon reads: "He shall, however, always include the perpetrator to whom an exceptional penalty has been imposed in the third correctional group."

Paragraph 4 shall be deleted and paragraph 5 shall become paragraph 4.

21. In Paragraph 40 (1), the words "exceptional" and "exceptional" shall be deleted.

Paragraph 40 (2) reads as follows:

"(2) The Court of First Instance may also reduce the prison sentence below the lower limit of the criminal rate if it condemns the offender for preparation for a criminal offence or for an attempt to commit a criminal offence and, in view of the nature and gravity of the preparation or attempt, considers that the application of the criminal prison rate laid down by this law would be unduly strict for the offender and that the purpose of the sentence may be achieved by a shorter sentence. ';

22.

„§ 41

(1) A perpetrator who has again committed a particularly serious intentional crime, although he has already been punished for such or other particularly serious intentional crime, shall be considered to be a particularly dangerous recidivist if that circumstance is of serious importance, in particular given the length of the period since the last conviction, substantially increases the degree of danger to society.

(2) The offences referred to in Paragraph 62 and those intentional offences for which this law provides for a prison sentence of at least eight years shall be particularly serious. ';

In Paragraph 42 (2) at the end, the sentence is added: "When imposing an exceptional prison sentence of more than 15 to 25 years, the upper limit may not exceed 25 years."

23. Sections 43, 44 and 45, including the title, shall be deleted.

24.

"(1) The Court of First Instance may impose a penalty for the loss of honorary degrees and honours if it condemns the perpetrator for a criminal offence committed out of a particularly repugnant charge of imprisonment for at least two years. '

25. in Paragraph 49 (1), "up to five years" is replaced by "up to ten years."

Paragraph 49 (3) reads as follows:

"(3) The duration of the sentence shall not be counted until the prohibition is enforced; However, the period during which the offender before the judgment is legally entitled to an activity subject to a prohibition in the context of a criminal offence has been withdrawn under specific provisions or, on the basis of measures taken by a State authority, was no longer allowed to carry out such activity. '

26. In Paragraph 51 (1), the words "death penalty 'are replaced by the words" exceptional penalty' and the provisions of point (a) are deleted; the indication of the provision as point (b) is then deleted.

27.

„§ 53

(1) A cash penalty ranging from 2000 CZK to 1 000 000 CZK may be imposed by the court if the offender has acquired or tried to obtain property gain by intentional criminal activity.

(2) Without the conditions of paragraph 1, a court may impose a pecuniary penalty only where:

(a) that law permits the imposition of such a penalty in a specific part; or

(b) imposes it on a criminal offence for which the upper limit of the criminal rate of imprisonment does not exceed three years and, in view of the nature of the offence committed and the possibility of rectification of the offender, does not at the same time impose a custodial sentence.

(3) As a separate penalty, a cash penalty may be imposed if, in view of the nature of the offence committed and the possibility of correcting the offender, the imposition of another penalty is not necessary to achieve the purpose of the sentence.

(4) The Court of First Instance may provide that the penalty shall be paid in appropriate monthly instalments. '

28. In Paragraph 54 (3), "up to one year 'is replaced by" up to two years'.

29. in Article 57a (1) and (2):

"(1) The Court of First Instance may impose a prohibition on residence for a period of one to five years for an intentional offence, if this is required in view of the manner in which the offender lives and the place where the offence is committed to protect public order, family, health, morality or property; the sentence of the prohibition of residence may not apply to the place or district where the offender is resident.

(2) The prohibition of residence may be imposed as a separate penalty for an offence to which the law provides for a custodial sentence, whose upper limit of the criminal rate does not exceed three years, provided that, given the nature of the offence committed and the possibility of rectifying the offender, the imposition of another penalty is not necessary to achieve the purpose of the sentence. ';

In Paragraph 57a (3), after the word "life ', the words" working man' are deleted.

Paragraph 57a (4) reads as follows:

"(4) Pending the execution of the residence ban, the period of imprisonment shall not be counted; the decision referred to in paragraph 3 shall be taken by the court only after the prison sentence has been enforced or after suspension. ';

30.

"Convicted conviction, parole and abandonment of the rest of certain sentences."

31. in Article 58 (1) (b), the words "offered by a social organisation" shall be deleted; the words "educational strength of the collective" shall be replaced by the words "educational influence of the person who offered the guarantee."

32. In Paragraph 59 (2) and (3), the words "working man" are deleted after the word "life."

33. In Paragraph 60 (1), the words "working man" are deleted after the word "life."

In Paragraph 60 (2), the words "If the social organisation has withdrawn the guarantee for the remedy of the suspended person 'are replaced by" If the guarantee for the remedy of the suspended person has been withdrawn by the person who provided it'.

34. in Paragraph 61 (1) (a), the words "working man" are deleted after the word "life."

In Article 61 (1) (b) and (3), the words "offered by a social organisation 'shall be deleted.

In Paragraph 61 (2), the words "the gravity of the offence committed as well as' shall be deleted.

In Paragraph 61 (3), the words "by the standard performance of their duties in employment or occupation and 'shall be deleted.

Article 35 (62) reads as follows:

„§ 62

(1) The person convicted of the offence of treason (§ 91), the dissolution of the Republic (§ 92), terror (§ 93 and 93a), corruption (§ 95 and 96), sabotage (§ 97), espionage (§ 248 (4)), illegal crossing of the state border pursuant to § 109 (3), war treason (§ 114), general threats under § 179 (2) (3), theft under § 247 (5), theft under § 180a, robbery under § 234 (2), hostage pursuant to § 234a (3), rape pursuant to § 241 (3), sexual abuse pursuant to § 187 (3), murder (219), robbery under § 234 (3), hostage taking pursuant to § 234a (3), rape under § 241 (3), rape under Paragraph 241 (3), sexual abuse of torture (3).

(2) A person sentenced to an exceptional prison sentence for life may not be suspended until at least 20 years of the sentence. "

36. In Paragraph 63 (2) at the end of the sentence before the semicolon, the words "up to two years' are replaced by the words" up to five years, but not for a period shorter than the remainder of the sentence '.

In Paragraph 63 (3), the words' working man 'are deleted after the word' life '.

37. In Paragraph 64 (1), the words "working man" are deleted after the word "life."

In Article 64 (4), the reference to "§ 62 'is replaced by a reference to" § 62 (1)'.

In Article 64 (5), the words "Where a social organisation has withdrawn a guarantee for the completion of a conviction 'are replaced by the words" If the guarantee for the completion of the sentence has been withdrawn by the person who provided it'.

38. The following Section 64a is inserted after Section 64:

„§ 64a

Withdrawal from the execution of the remainder of the prison sentence carried out in the military correctional unit

(1) A court may waive the execution of the remainder of the sentence of imprisonment carried out in a military penal unit (§ 39a (4)) if the court has been recognised as unable to carry out military service for medical reasons and if, during the time of the sentence, the perpetrator to whom such a penalty has been imposed for the offence of non-service in the armed forces pursuant to § 270 or for a military offence, or for more such offences, it has demonstrated that he may be expected to lead a proper life in the future.

(2) If the court has stated that it forgoes the remainder of the sentence of imprisonment in the military correctional unit, it shall be treated as if it had not been convicted. '

39. In § 66, the reference in brackets after the word terror reads "(§ 93 and 93a)," the words "subverting the Republic (§ 98), harming the state of the world socialist system (§ 99), spying and endangering state secrets to the detriment of the state of the world socialist system (§ 108)" shall be deleted after the words "general threat (§ 179 and 180)" shall be inserted the words "threatening the environment (§ 181a and 181b)," and the words "threatening the health of malicious food and other needs (§ 193 and 194) shall be inserted" the words "spreading of the alert message (§ 199), the taking of hostages (§ 234a)," and the words "the use of a prohibited combat device" shall be inserted. "

40. in Paragraph 67 (1) (a), the words' death penalty 'shall be replaced by' exceptional penalty ';

41. In § 67a (b), the reference in brackets after the word "terror" reads "(§ 93 and 93a) '; the reference in brackets after the words" general threat "shall read" (§ 179 (2) (3))'; the reference in brackets for the words "violation of personal freedom" shall read "(§ 238 (2) (3))."

(42) In Article 68 (1) (a), the words "death or imprisonment over 15 years" shall be replaced by the words "exceptional punishment."

43. In Paragraph 69 (1), after the word 'life', the words' working man 'are deleted.

In Article 69 (1) (c), the words "to penalise property or to penalise a residence ban 'are added;

in Paragraph 69 (2), the comma after the word "honours' is replaced by" or 'and the words "or forfeiture' are deleted;

in Article 69 (3), the words "a social organisation or a convicted person 'are replaced by the words" a convicted person or persons entitled to offer a guarantee for the completion of the remedy of the convicted person';

44. in Paragraph 70 (3) at the end, the reference in brackets is deleted.

45. in Article 71 (1), the words "protection surveillance" shall be deleted; in paragraph 2, the second sentence is deleted; paragraph 3 is deleted.

46. Paragraph 72 (2) (b) reads as follows:

"(b) an offender who is committed to abuse of an substance has committed an offence under its influence or in connection with its abuse."

Paragraph 72 (4) reads as follows:

"(4) Where a custodial sentence is imposed, the protection treatment shall, as a general rule, begin after the sentence has been served in a correctional institution. In other cases, protective treatment is usually carried out in a treatment facility. However, if, due to the nature of the disease and the medical possibilities, it is possible to expect outpatient treatment to fulfil its purpose, the court may also order this treatment or, where appropriate, the constitutional treatment to change it to outpatient treatment or vice versa. If the duration of the prison sentence in a correctional institution is not sufficient to fulfil the purpose of the treatment, the court may decide to continue it in a medical or outpatient facility. ';

47. In Paragraph 74 (1), the word "socialist" shall be deleted.

48. In Section 76, the words "working person 'are replaced by" citizen'.

49.

"(1) If the court forgoes the punishment of a juvenile, it may ask the person who is entitled to offer a guarantee to remedy it, even if he did not offer such a guarantee to help create the conditions for a young person to live a proper life."

50. § 78 reads:

„§ 78

The court may only impose penalties, forfeiture, expulsion, and, if he is employed, a penalty in cash; a court may impose a prohibition of action on a minor only if it is not an obstacle to the preparation of his profession, the upper limit of which may not exceed five years. ';

51. in § 79 (2), (3) and § 86, the words "death penalty" are replaced by the words "exceptional penalty."

52. Paragraph 87, including the title, reads:

„§ 87

Extermination of conviction

(1) The court shall decide whether the conviction of a juvenile is to be brought to an end, taking into account the behaviour of a juvenile in the execution of a prison sentence, after the execution of that sentence. If the sentence has been reduced in accordance with the decision of the President of the Republic, the court shall act in this way after the young person has been released to freedom after the leniency.

(2) If the court has stated that a juvenile, paroled out of jail sentence has proved himself, it shall be treated as if he were not convicted.

(3) A minor to whom a financial penalty has been imposed shall be treated as if he had not been convicted as soon as the sentence has been carried out or the sentence or the remainder of the sentence has been effectively waived.

(4) A juvenile who has been subjected to a forfeiture sentence shall be deemed not to have been convicted as soon as he has obtained the judgment by which the sentence was imposed. "

53. In Paragraph 89 (3), the words "at least in part 'are replaced by the words" predominant'.

Paragraph 89 (5) shall read as follows:

"(6) The offence is committed by force even if it is committed on the person who was put into a state of defenceless deceit."

Paragraphs 6 to 11 shall be renumbered paragraphs 7 to 12.

In paragraphs 8 and 11, comma and the words "State economic, cooperative or social organisations' shall be deleted after the word" institution '; the following paragraphs 13 and 14 are inserted after paragraph 11:

"(13) An addictive substance means alcohol, narcotic substances, psychotropic substances and other substances capable of adversely affecting the psyche of a person or its control or cognitive ability or social behaviour.

(14) Damage not minor means damage amounting to at least half of the lowest monthly wage laid down in general binding legislation, and not minor damage means an amount equal to at least three times that wage, greater damage means an amount equal to at least ten times that salary, a significant damage equal to at least fifty times that salary and a damage to a large extent equal to at least two hundred and fifty times that salary. These aspects shall be used mutatis mutandis to determine the benefit and value of the matter. '

Paragraph 12 shall become paragraph 15.

the following paragraph 16 is added:

"(16) For the purposes of criminal law, an organisation shall also be considered to be a natural person who carries on business under a special law. ';

B. Changes to the specific part:

1. in § 91, § 92 (2), § 93, § 95 (2), § 96 (2), § 97 (3), § 114, § 179 (3), § 180a (2), § 180c (2), § 259 (1), § 264, § 273 (3), § 275 (3), § 275 (3), § 285 (3), § 287 (3), § 288 (2), § 289, § 290 (1) and (2), § 291 (2) and § 292 shall be replaced by "or by an exceptional penalty."

2. In § 102, § 107 (1), (2), § 122 (1), § 141 (1), § 144 (1), § 146 (1), § 147 (1), § 148 (1), § 149, 150, 151 (1), § 160 (1), § 180b, § 181b (2), § 182, § 189, § 191 (1), (2), § 192 (1), § 193 (2), § 194 (1), § 194 (1), § 194 (1), § 197a (1), § 197a (2), § 207, § 207, § 209 (1) (1), § 225, § 225 (26), § 227 (1), § 233 (2), § 193 (1), § 194, § 194, § 1), § 1, § 1, § 1 (2), § 61 (2), § 61 (2), § 2, § 2), § 2 (2 (2), § 2), § 2, § 61, § 2, § 2), § 61 (2, §

3.

"(1) Those who intend to disrupt the constitutional establishment, territorial integrity or defence of the Republic or to destroy its autonomy participate in violent actions against the Republic or its institutions shall be punished by deprivation of liberty for eight to twelve years. '

4. In Section 93, the words "socialist social and state 'are replaced by the words" constitutional'.

5. The following Section 93a is inserted after Section 93:

„§ 93a

(1) Those who take hostages and threaten to kill them or cause them harm to their health or other harm, in order to enforce the conditions damaging the constitutional constitution of the Republic, will be punished by deprivation of liberty for three to ten years.

(2) By withdrawing liberty for five to twelve years, the perpetrator will be punished,

(a) commit the act referred to in paragraph 1 as a member of an organised group;

(b) if the hostage is less than 18 years old in such an act,

(c) if more than one person is held hostage in such an act; or

(d) cause such an act of serious harm to health.

(3) By withdrawing liberty for 10 to 15 years or by exceptional punishment, the offender shall be punished if the act referred to in paragraph 1 causes death. '

6. § 94 is deleted.

7. In Paragraph 95 (1), the words "socialist social and state 'are replaced by the words" constitutional'.

In Article 95 (2), the following point (b) is inserted after point (a):

"(b) if such an act is committed again,"

The existing provisions under points (b) to (d) shall be marked (c) to (e).

8. In Paragraph 97 (1), the words "socialist social and state 'are replaced by the words" constitutional'.

In Paragraph 97 (1) (a), the words "or social 'are deleted.

Citation	Act No. 175 / 1990 Coll., amending and supplementing the criminal law
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	18.05.1990
Effective from	01.07.1990
Effective until	-
Status	Valid

Act No 175 / 1990 Coll.

Law amending and supplementing criminal law

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