// TRANSCRIPCIÓN DE ENTREVISTAS
E8 ENTREVISTA REALIZADA A MAURICIO VILLA PSICÓLOGO SOCIAL Y PRODUCTOR DE PROGRAMAS MUSICALES PARA TELEVISIÓN.
Murder
(1) Whoever intentionally kills another person shall be sentenced to a term of imprisonment of from ten to fifteen years.
(2) An offender shall be sentenced to a term of imprisonment of from twelve to fifteen years or to an exceptional punishment (an exceptional term of imprisonment) if he commits an act under sub-provision (1):
(a) against two or more persons;
(b) in an especially brutal or harrowing manner; (c) repeatedly;
(d) against a pregnant woman;
(e) against a person under the age of fifteen years;
(f) against a public official performing his duties or as a result of his performance of his duties; (g) against a person because of his race, nationality, political conviction, religion or lack of
religious faith; or
(h) with intent to acquire material benefit or to facilitate some other crime, or for some other especially despicable reason.
Relating provisions of the Criminal Code:
- provisions 29, 39 et seq, 89(9);
Some other relating provisions:
Commentary on provision 219:
Provision 219 was amended in 1990 and 1995. It should be noted that there is no capital punishment under Czech law.
Provision 220
Murder of a New-Born Infant by its Mother
A mother who in a state of post-natal disturbance intentionally kills her infant (baby) at birth or immediately after birth shall be sentenced to a term of imprisonment of from three to eight years.
Relating provisions of the Criminal Code:
- provisions 39 et seq, 90(1);
Some other relating provisions:
- Article 6 of the Charter of Fundamental Rights and Freedoms;
Commentary on provision 220:
For the purposes of provision 220, the mental state of a mother immediately after giving birth to a child is assessed by a medical expert.
Injury to Health Provision 221
(1) Whoever intentionally injures another person’s health shall be sentenced to a term of imprisonment of up to two years.
(2) 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 (1) against a witness, an expert or an interpreter
because of his performance of his duty;
(b) he commits such act against another person because of that person’s race, nationality, political conviction, religion or lack of religious faith; or
(c) by such act he causes severe injury to another person’s health.
(3) An offender shall be sentenced to a term of imprisonment of from three to eight years if he causes death by an act under sub-provision (1).
Relating provisions of the Criminal Code:
- provisions 39 et seq, 89(7);
Commentary on provision 221:
Injury or harm to health under provision 221 means effects on the victim’s health which last for a prolonged period and make it more difficult for him to lead his life in the same way as before and/or to earn a living in the same way and/or perform his activities.
Provision 222
(1) Whoever intentionally causes severe injury to another person’s health shall be sentenced to a term of imprisonment of from two to eight years.
(a) he commits an act under sub-provision (1) against a witness, an expert or an interpreter because of his performance of his duty;
(b) he commits such act against another person because of that person’s political conviction, nationality, race, religion or lack of religious faith.
(3) An offender shall be sentenced to a term of imprisonment of from five to twelve years if he causes death by any act under sub-provision (1) or (2).
Relating provisions of the Criminal Code:
- provisions 39 et seq, 89(7);
Commentary on provision 222:
The term "severe injury to health" is defined in provision 89(7) of the Criminal Code.
Provision 223
A person who injures another’s health through negligence, by breaching an important duty arising from his employment, profession, position or office or a duty imposed by law, shall be punished by a term imprisonment of up to one year or prohibition of a (specific) activity.
Relating provisions of the Criminal Code:
- provisions 39 et seq, 49, 50;
Some relating provisions of the Criminal Code:
- Act on Technical Requirements for Operating Road Motor Vehicles; - Road Transport Act;
- Decree on Road Traffic Rules;
- Road Traffic Safety and Movement Act; - Decree on Road Traffic;
- Decree on Roadworthiness of Motor Vehicles;
Commentary on provision 223:
Provision 223 applies to persons whose health is harmed as a result of someone else’s negligence. It does not apply where there is only a threat of harm to someone’s health.
Provision 224
(1) A person who through negligence injures another person’s health shall be punished by a term of imprisonment of up to two years or prohibition from a specific activity.
(2) An offender shall be punished by a term of imprisonment of from six months to five years or by a pecuniary penalty if he commits an act under sub-provision (1) by breaching an important duty arising from his employment, profession, position or office or imposed on him by law.
(3) An offender who through negligence causes severe injury to health of two or more persons, because he has grossly violated regulations on industrial or transport (traffic) safety or sanitary regulations, shall be sentenced to a term of imprisonment of from three to ten years.
Relating provisions of the Criminal Code:
- provisions 39 et seq, 49, 50, 89(7);
Some relating provisions of the Criminal Code:
- Road Transport Act;
- Decree on Road Traffic Rules;
- Road Traffic Safety and Movement Act; - Decree on Road Traffic;
- Decree on Roadworthiness of Motor Vehicles;
Commentary on provision 224:
The term "severe injury to health" is explained in provision 89(7).
Provision 225 Brawling
(1) A person who intentionally endangers someone else’s life or health by taking part in a brawl (fight) shall be sentenced to a term of imprisonment of up to six months.
(2) An offender shall be sentenced to a term of imprisonment of from six months to five years if he causes severe injury or death when committing an act under sub-provision (1).
Relating provisions of the Criminal Code:
- provisions 39 et seq, 89(7);
Commentary on provision 225:
An offender who causes a minor injury to someone’s health is punished under provision 49 of the Misdemeanours Act by a pecuniary penalty of up to CZK 3,000.
Provision 226
Exposing Another to the Danger of Venereal Disease
A person who, even through negligence, exposes another person to the danger of venereal infection, shall be sentenced to a term of imprisonment of up to six months.
Relating provisions of the Criminal Code:
- provision 39 et seq;
Commentary on provision 226:
Under provision 226, exposing someone else to the immediate danger of a venereal disease is punishable. It is not required that a venereal disease be transmitted.
Unauthorised Abortion Provision 227
(1) A person who assists a pregnant woman or induces her to: (a) interrupt her pregnancy by herself; or
(b) to ask or allow someone else to interrupt her pregnancy in a manner other than that admissible under the statutory provisions on abortion,
shall be sentenced to a term of imprisonment of up to one year.
(2) An offender shall be sentenced to a term of imprisonment of from one to five years if he causes severe injury or death by an act under sub-provision (1).
Relating provisions of the Criminal Code:
Some relating provisions of other Acts:
- Abortion Act;
- Decree implementing the Abortion Act;
Commentary on provision 227:
The admissible manner of terminating a pregnancy (abortion) is dealt with in the Abortion Act, No. 66/1986 Coll. and Decree No. 75/1986 Coll.
Provision 228
(1) A person who, acting with the consent of a pregnant women, terminates her pregnancy in a manner other than that admissible under the statutory provisions on abortion shall be sentenced to a term of imprisonment of from one to five years.
(2) 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);
(b) he regularly commits an act under sub-provision (1); or
(c) he causes severe injury to health or death by an act under sub-provision (1).
(3) The same punishment (sentence) as that under sub-provision (2) shall be imposed on any person who terminates a woman’s pregnancy without he consent.
(4) An offender shall be sentenced to a term of imprisonment of from five to twelve years if he causes death by an act under sub-provision (3).
Relating provisions of the Criminal Code:
- provisions 39 et seq, 89(7);
Some relating provisions of other Acts:
- Abortion Act;
- Decree implementing the Abortion Act;
Commentary on provision 228:
The Abortion Act and the implementing Decree regulate the admissible manner of abortion.
Provision 229
A pregnant women who terminates her pregnancy herself, or who asks another person or allows another person to terminate it, shall not be liable to punishment for such act, not even under the provisions on instigators and assistants.
Relating provisions of the Criminal Code:
- provisions 227, 228;
Commentary on provision 229:
Abortion under provision 229 means a manner of terminating pregnancy which is not admissible under the law.
Provision 230 Assisting Suicide
(1) A person who induces or helps someone else to commit suicide shall be sentenced to a term of imprisonment of from six months to three years provided that the suicide was at least attempted.
(2) An offender shall be sentenced to a term of imprisonment of from two to eight years if he commits an act under sub-provision (1) against a person under the age of eighteen years, a pregnant woman, a person suffering from a mental disorder or a mentally retarded person.
Relating provisions of the Criminal Code:
- provision 39 et seq;
Commentary on provision 230:
The provisions of section 230 are to protect human lift against a person encouraging or causing someone else to commit suicide.
CHAPTER VIII
CRIMES AGAINST FREEDOM AND HUMAN DIGNITY