LO CURIOSO ES QUE ES UNA BANDA QUE LLENA GRANDES RECINTOS…

(1) A person who threatens a group of citizens with death, injury to health or large-scale material damage shall be sentenced to imprisonment for a term of up to one year.

(2) A person who uses violence (force) against a group of citizens or an individual, or threatens them with death, injury to health or large-scale material damage, because of their political conviction, nationality, race, religion or lack of religious faith, shall be sentenced to imprisonment for a term of from six months to three years.

(3) A sentence under sub-provision (2) shall also apply to those who associate themselves or act in concert to commit such crime.

Relating provisions of the Criminal Code:

- provisions 39 et seq, 89(11);

Commentary on provision 196:

Misdemeanours against civil co-existence which relate to provisions 196, 197a and 198 of the Criminal Code are subject to provision 49(1)(c) of the Misdemeanours Act.

Provision 197 Repealed Provision 197a

A person who threatens another with death, serious injury to health or other serious detriment in a manner giving rise to reasonable fear, shall be punished by a term of imprisonment of up to one year or a pecuniary penalty.

Relating provisions of the Criminal Code:

- provisions 39 et seq, 53, 54, 89(7);

Commentary on provision 197a:

Criminal prosecution for a crime under provision 197a of the Criminal Code is subject to provision 163a of the Criminal Procedure Code.

Provision 198

Defamation of a Nation, Race or Conviction

(1) A person who publicly defames (a) a nation, its language or a race; or

(b) a group of inhabitants of the Republic because of their political conviction, religion or lack of religious faith,

shall be sentenced to imprisonment for a term of up to two years.

(2) An offender who commits an act under sub-provision (1) together with at least two other persons shall be sentenced to imprisonment for a term of up to three years.

Relating provisions of the Criminal Code:

- provision 39 et seq;

The phrase "a group of inhabitants of the Republic" may refer to a group of people who have long- term residence permit in the Czech Republic and live there, and not only to Czech citizens living there.

Provision 198a

Incitement of National and Racial Hatred

(1) Whoever publicly incites hatred of another nation or race or calls for restriction of the rights and freedoms of other nationals or members of a particular race shall be sentenced to a term of imprisonment of up to two years.

(2) The same sentence shall apply to a person who aids and abets an offender to commit an act under sub-provision (1).

Relating provisions of the Criminal Code:

- provision 39 et seq;

Commentary on provision 198a:

Equality of people, irrespective of their nationality and race, is one of the fundamental human rights.

Spreading Alarming News Provision 199

(1) A person who intentionally causes the danger of serious agitation among at least part of the population of a locality by spreading alarming news which is false shall be punished by a term of imprisonment of up to one year or a pecuniary penalty.

(2) If a person, knowing that news under sub-provision (1) is false and that it might evoke measures leading to the danger of serious agitation among at least part of the population of a locality (place), communicates such news to an enterprise or organisation or a police organ or another state organ or to the mass media, he shall be punished by a term of imprisonment of from six months to three years o a pecuniary penalty.

(3) An offender shall be sentenced to a term of imprisonment of from one to five years if: (a) he commits an act under sub-provision (2) repeatedly; or

(b) by such act he causes serious disruption to the economic operation or economic activity of an enterprise or organisation, or to the activity of a state organ or some other especially serious consequence.

Relating provisions of the Criminal Code:

- provisions 39 et seq, 53, 54, 66;

Commentary on provision 199:

Corresponding misdemeanours are those under provisions 47(1)(c) and 49(1)(c) of the Misdemeanours Act.

Provision 200

A person who, by spreading alarming news during a state defence emergency, causes, even through negligence, the danger of serious agitation, demoralisation or defeatism among at least part of the population in a place shall be sentenced to a term of imprisonment of from six months to three years.

Relating provisions of the Criminal Code:

- provision 39 et seq;

Commentary on provision 200:

The term "defence emergency" refers to a situation in which the armed forces are mobilised, a state of war is declared or war is declared.

Provision 201

Endangering Others under the Influence of an Addictive Substance

A person who induces himself by means of an addictive substance in a state which renders him incapable of performing his job, or which leads to him undertaking activity by which he might endanger the lives and health of other people, or cause substantial damage to property, (a) even though he was sentenced for a similar act in the preceding two years, or released

from serving a prison term for a similar act;

(b) even though he was sentenced for a similar act committed under the influence of an addictive substance in the preceding two years;

(c) if such act is committed during performance of his job or an activity when the influence of the addictive substance is especially dangerous, in particular when driving a public transport vehicle; or

(d) if he causes by such act, even through negligence, injury to health or significant damage to another’s property or some other considerable consequence,

shall be punished by a term of imprisonment of up to one year, or prohibition of an activity or by a pecuniary penalty.

Relating provisions of the Criminal Code:

- provisions 39 et seq, 49, 50, 53, 54, 89(10) and (11);

Commentary on provision 201:

Misdemeanours relating to alcoholism and narcotics are subject to provision 30(1)(f)(g) and (h) of the Misdemeanours Act.

Provision 201a Drunkenness

(1) A person who, by consumption or use of an addictive substance or otherwise, induces himself, even through negligence, in a state of insanity during which he commits an act otherwise having the characteristics of a crime, shall be sentenced to a term of

imprisonment of from three to eight years; if he commits an act for which the law stipulates a lesser punishment, such lesser punishment shall be imposed on him.

(2) The provisions of sub-provision (1), as well as of provision 12, shall not be applied if an offender induces his state of insanity with intent to commit a criminal act, or commits a criminal act through negligence, consisting in inducing in himself a state of insanity.

Relating provisions of the Criminal Code:

- provisions 12, 39 et seq;

Commentary on provision 201a:

Provision 202 Rowdyism

(1) A person who, in a public or publicly-accessible place, behaves improperly or creates a disturbance, particularly by attacking another person, dishonouring a historical or cultural monument, grave or another place of reverence or disrupting an assembly of citizens or ceremony in a gross manner, shall be punished by a term of imprisonment of up to two years or by a pecuniary penalty.

(2) An offender shall be sentenced to a term of imprisonment of up to three years if he commits an act under sub-provision (1) as a member of an organised group.

Relating provisions of the Criminal Code:

- provisions 39 et seq, 53, 54, 89(4);

Commentary on provision 202:

Corresponding misdemeanours are subject to provision 47 and 48 of the Misdemeanours Act.

Provision 203 Torture of Animals

(1) A person who tortures an animal, even though he was punished either for a similar

misdemeanour in the previous year or sentenced for such crime in the preceding two years, shall be punished by a term of imprisonment of up to one year, prohibition of a specific activity or by a pecuniary penalty.

(2) A person who tortures an animal to death shall be punished by a term of imprisonment of up to one year or prohibition of an activity or by a pecuniary penalty.

(3) An offender shall be sentenced to a term of imprisonment of up to two years if he commits an act under sub-provision (1) or (2) publicly or at a publicly-accessible place.

Relating provisions of the Criminal Code:

- provisions 39 et seq, 49, 50, 53, 54, 89(4);

Some relating provisions of other Acts:

- Act on Veterinary Care;

- Act on Protection of Animals against Torture;

Commentary on provision 203:

Provision 204 relates to the Act on Protection of Animals against Torture.

Provision 204 Pandering

(1) A person who procures, or seduces another for the purpose of involving that person in prostitution, or who exploits prostitution operated by another person, shall be sentenced to a term of imprisonment of up to three years.

(2) An offender shall be sentenced to a term of imprisonment of from one to five years if he commits an act under sub-provision (1) by using violence, the threat of violence or the threat of serious harm or by abusing another’s distress or dependence.

(3) An offender shall be sentenced to a term of imprisonment of from two to eight years if: (a) he acquires substantial benefit by an act under sub-provision (1) or (2);

(b) he commits such act as a member of an organised group; or

(c) he commits such act against a person under the age of eighteen years.

(4) An offender shall be sentenced to a term of imprisonment of from five to twelve years if he commits an act under sub-provision (2) against a person under the age of fifteen years.

Relating provisions of the Criminal Code:

- provisions 39 et seq, 89(11);

Commentary on provision 204:

The Misdemeanours Act provides for punishment in the form of a pecuniary penalty of up to CZK 1,000 for creating a public nuisance under provision 47(1)(c).