CIUDAD DE MÉXICO / MARZO 2014.

Division 2

Crimes against the Security of the Republic Provision 105

Espionage

(1) Whoever spies out an official secret (i. e. a fact to be kept in confidence under another Act) the misuse of which can seriously endanger or damage the constitutional system, sovereignty, territorial integrity, defence and security of the Czech Republic or another state (country) or defence and security of an international organisation (whose interests the Czech Republic is bound to protect in the mentioned spheres) with the intent of disclosing such official secret to a foreign power, or whoever collect data containing an official secret with the same intent, or whoever intentionally divulges such official secret to a foreign power, shall be sentenced to a term of imprisonment of from two to eight years.

(2) The same sentence shall be imposed on any person who enables or facilitates activity under sub-provision (1) by an offender or by an organisation whose objective is to seek out official secrets.

(3) A term of imprisonment of from eight to fifteen years shall be imposed on an offender: (a) who commits an act under sub-provision (1) or (2) as a member of an organised group

whose objective is to seek out official secrets;

(b) who commits such act, even though he was especially entrusted with the task of protecting official secrets;

(c) who acquires by such act substantial benefit, or if he commits such act to a substantial extent, or

(d) if his act concerns an official secret, which in a special Art is classified as "strictly secret". (4) The offender shall be sentenced to a term of imprisonment of from twelve to fifteen years,

or to an exceptional term of imprisonment if he commits an act under sub-provision (1) or (2) during a state defence emergency.

Relating provisions of the Criminal Code:

- provisions 7, 19, 29, 39 et seq, 41(2), 62, 66, 106, 107, 166 to 168;

Other relating provisions:

- Official Secrets Protection Act;

Commentary on provision 105:

The Official Secrets Protection Act (No. 148/1998 Coll., "Zákon o ochranì utajovaných skuteèností") amended the wording of provisions 105 to 107 of the Criminal Code as of 1 November 1998.

Endangering an Official Secret Provision 106

(1) Whoever seeks out an official secret stipulated in a special Act with intent of disclose it to an unauthorised person, or who collects data containing an official secret with the said intent or intentionally divulges an official secret to an unauthorised person, shall be sentenced to a term of imprisonment of up to three years, or to prohibition of a specific activity or to a pecuniary penalty.

(2) A term of imprisonment of from two to eight years shall be imposed on an offender:

(a) who intentionally divulges to an unauthorised person an official secret classified in a special Act as "strictly secret" or "secret";

(b) who commits an act under sub-provision (1), even though the protection of official secrets was his special responsibility; or

(c) who acquires by such act substantial benefit, or who causes substantial damage or some other particularly serious consequence.

(3) A term of imprisonment of from five to twelve years shall be imposed on an offender:

(a) if his act is stipulated in sub-provision (1) and concerns an official secret related to securing the defence capability of the Republic and classified in a special Act as "strictly secret", or (b) if such act is committed during a state defence emergency.

Relating provisions of the Criminal Code:

- provisions 39 et seq, 66, 105, 107, 167, 168;

Other relating provisions:

Commentary on provision 106:

The previous wording of provision 106 (as well as of provisions 105 and 107) dealt with crimes involving "state secrets", whereas the present wording speaks of "official secrets". A term of imprisonment of up to twelve years can be imposed on an offender for an act under sub-provision (3), whereas under the provisions effective until October 1998 the maximum term of imprisonment was five years.

Provision 107

Whoever through negligence causes disclosure of an official secret classified in a special Act as "strictly secret" or "secret" or "confidential" shall be sentenced to a term of imprisonment of up to three years, or to prohibition from a specific activity or a pecuniary penalty.

Relating provisions of the Criminal Code:

- provisions 39 et seq, 49, 50, 66, 105, 106, 168;

Other relating provisions:

- Official Secrets Protection Act;

Commentary on provision 107:

Disclosure of an official secret through negligence is punished by imprisonment for up to three years, or by a prohibition of a specific activity or by a pecuniary penalty, whereas, under the wording in effect until October 1998, an offender could be sentenced to imprisonment or prohibition of a specific activity but not to a pecuniary penalty.

Provisions 107a to 112 Repealed Division 3

Crimes against the Defence of the Republic Provision 113

Collaboration with Enemy

Whoever provides benefit to or supports an enemy in any way during a state defence emergency shall be sentenced to a term of imprisonment of from one to ten years, unless a more severely punishable act is involved.

Relating provisions of the Criminal Code:

- provisions 7, 39 et seq;

Commentary on provision 113:

An enemy is understood to be a country with which the Czech Republic is at war or on which it has declared war, or which has engaged in activities causing the Czech Republic to order a mobilisation of its armed forces.

Provision 114 Wartime Treason

Any citizen of the Czech Republic who serves in an enemy’s army or armed corps during a state defence emergency (of the Czech Republic) shall be sentenced to a term of imprisonment of from ten to fifteen years or to an exceptional term of imprisonment.

Relating provisions of the Criminal Code:

Commentary on provision 114:

"An enemy’s army" ("nepøátelské vojsko") means an army of the country with which the Czech Republic is at war, or an army of such country’s ally. "An enemy’s armed corps" ("nepøátelský ozbrojený sbor") refers to a militarily-organised formation which is not directly a part of such enemy’s army. The term "to serve in an enemy’s army or armed corps" ("konat službu v nepøátelském vojsku neb ozbrojeném sboru") refers not only o soldiers on active service but also to service in logistical or similar units.

Under the Czech Criminal Code, an offender under provision 11 can only be a citizen of the Czech Republic.

Provision 115 Service in a Foreign Army

(1) Any citizen of the Czech Republic who serves without authorisation in the armed forces of a foreign power or a foreign armed corps shall be sentenced to a term of imprisonment of from three to eight years.

(2) An offender shall be sentenced to a term of imprisonment of from five to ten years if he commits an act under sub-provision (1) during defence emergency.

Relating provisions of the Criminal Code:

- provisions 7, 39 et seq, 41(2), 90(1);

Commentary on provision 115:

"An army (the armed forces) of a foreign power" ("vojsko cizí mocnosti") can be an army of any other country; the term "service in a foreign army" ("the armed forces") also involves service in foreign legions. "A foreign armed corps" ("cizí ozbrojený sbor") is a foreign paramilitary force, e. g. police, which is not part of the army.

CHAPTER II