Quick Overview:
Under the Criminal Code, a prison sentence refers to an unconditional sentence, a suspended sentence, and a suspended sentence with probation. An unconditional sentence is typically imposed for a maximum of 20 years, unless there is an extraordinary increase in the sentence, the crime was committed for the benefit of an organized criminal group, or an exceptional sentence is imposed. For crimes with a maximum sentence of up to 5 years, an unconditional prison sentence may be imposed only if another punishment would clearly not lead the offender to lead a law-abiding life.
What Is Imprisonment?
Imprisonment is the punishment by which the state most significantly restricts the offender’s personal liberty. In everyday language, the term “prison” is often used, but legally, it is necessary to distinguish between various forms of this punishment.
The Criminal Code defines imprisonment as:
- an unconditional sentence of imprisonment,
- a suspended sentence of imprisonment,
- a suspended sentence of imprisonment with probation.
A special type of imprisonment is an exceptional sentence.
The difference between these options is fundamental. An unconditional sentence means that the convicted person must actually serve the sentence in prison. A conditional sentence, on the other hand, means that the court defers the execution of the sentence and sets a probationary period. If the convicted person leads a law-abiding life and fulfills the imposed obligations during the probationary period, they do not have to go to prison.
In practice, therefore, a defense strategy often addresses not only the question of “how severe the potential sentence is,” but also whether it is possible to secure an alternative sentence, probation, a plea agreement, an extraordinary reduction in the sentence, or another solution that does not involve imprisonment.
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Principles of Imposing a Prison Sentence
The court does not impose a sentence mechanically based on a table. Every criminal offense has a specific sentencing range in the Criminal Code, which generally consists of a minimum and maximum sentence. Within this range, the court determines the specific sentence based on the circumstances of the case and the offender’s personal circumstances.
When determining the type and length of the sentence , the court takes into account, in particular, the nature and severity of the crime, the offender’s personal, family, financial, and other circumstances, their past conduct, the possibility of rehabilitation, and their behavior after the crime. For example, it is significant whether the offender has compensated for the damage, remedied the harmful consequences, entered into a plea agreement, pleaded guilty, or acknowledged the decisive facts as undisputed.
The Criminal Code also emphasizes the proportionality of criminal sanctions. If a less severe criminal sanction is sufficient, a more severe sanction must not be imposed. The court must also take into account the legally protected interests of the victims.
This is particularly important in cases of less serious criminal offenses. For offenses where the maximum term of imprisonment does not exceed 5 years, an unconditional sentence may be imposed only if, given the offender’s circumstances, any other sentence would clearly fail to lead the offender to lead a law-abiding life.
In practice, this means that for many misdemeanors, the court should also consider alternatives to imprisonment. These may include, for example, a fine, a prohibition on certain activities, house arrest, community service, or a suspended sentence. However, it is not the case that a first-time offender is automatically entitled to a suspended sentence. It depends on the circumstances of the case, the harm caused, the offender’s attitude, any history of recidivism, and the possibility of rehabilitation.
In practice, we often see that the defendant’s behavior after the crime is key to the outcome of the sentencing. Prompt compensation for damages, an apology to the victim, treatment for addiction, voluntary repayment of outstanding debts, or cooperation with law enforcement authorities can have a significant impact on the sentence. However, this is not an automatic “reduction”; it always depends on the specific case.
Mitigating and Aggravating Circumstances
When imposing a sentence, the court takes into account mitigating and aggravating circumstances. This is not an exhaustive list of everything that may be relevant, but the Criminal Code provides typical examples.
Mitigating circumstances may include, for example, the fact that the offender committed the crime for the first time and under circumstances beyond their control, acted in a state of intense agitation, under the influence of addiction or a threat, caused minor damage, voluntarily compensated for the damage, reported the offense, confessed, assisted in the investigation of the crime, sincerely regretted the offense, or led a law-abiding life prior to the offense.
Aggravating circumstances may include, for example, premeditation, greed, revenge, a reprehensible motive, a brutal or torturous method, taking advantage of a victim’s defenselessness, committing the offense against a child, a pregnant woman, a sick person, or an elderly person, committing multiple offenses, acting as part of a group, or a prior conviction.
An important rule is that a circumstance which is already an element of the crime or which triggers the application of a higher penalty cannot be considered again as a mitigating or aggravating circumstance. The court may not, therefore, attribute the same circumstance to the offender twice.
Example: If a certain circumstance is a direct element of an aggravated offense that already increases the penalty, it cannot be used again as a standard aggravating circumstance. Conversely, post-offense conduct, restitution, or a history of good behavior may play a separate role in determining the specific sentence.
Suspended Prison Sentence
A suspended sentence, commonly referred to as “probation,” means that while the court imposes a prison sentence, it defers its execution. The convicted person therefore does not go to prison if they comply with the conditions during the probationary period.
Under Section 81 of the Criminal Code, the court may conditionally defer the execution of a prison sentence not exceeding 3 years. At the same time, taking into account the offender’s character, personal circumstances, past conduct, environment, and the circumstances of the case , the court must have reasonable grounds to believe that serving the sentence is not necessary to reform the offender.
The decisive factor is not the upper limit of the statutory penalty range, but the specific sentence imposed by the court. For example, if the court imposes a prison sentence of 18 months and concludes that it is not necessary to enforce it, it may suspend the sentence conditionally.
In the case of a suspended sentence, the court sets a probationary period of between 1 and 5 years. The probationary period may not be shorter than the length of the suspended sentence and begins when the judgment becomes final.
The court may also impose appropriate restrictions and obligations on the convicted person. Typically, these may include the obligation to compensate for damages, make amends for non-pecuniary harm, return unjust enrichment, undergo treatment, refrain from certain conduct, or avoid contact with certain individuals. Current legislation also allows for the imposition of an obligation to remain at a designated residence for a certain portion of the probationary period or to perform community service for a provider of such services for a period of 50 to 200 hours.
If the convicted person leads a law-abiding life during the probationary period and complies with the imposed conditions, the court will declare that the person has proven themselves. If the court fails to issue a ruling within one year of the expiration of the probationary period, through no fault of the convicted person, the person is deemed to have proven themselves. In such a case, the offender is treated as if they had not been convicted.
Conversely, if the convicted person violates the conditions, commits another criminal offense, or fails to fulfill the imposed obligations, the court may decide to enforce the sentence. In exceptional cases, the court may maintain the suspended sentence and, for example, extend the probationary period, impose supervision, add obligations, or require the offender to reside at a designated residence.
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Summary: Have you been the victim of a crime and suffered damages? What are your options for seeking redress under Czech law, and when can you claim damages in criminal proceedings? We address these questions in our article.
Suspended Sentence with Supervision
A conditional sentence with supervision is a stricter form of probation. The convicted person remains free but is under the supervision of a probation officer. Supervision is intended to help ensure that the convicted person leads a law-abiding life and fulfills the obligations imposed.
Supervision may be appropriate, for example, for offenders whom the court considers to be at risk of reoffending, who have substance abuse issues, or who have unstable family or employment situations, but for whom the court concludes that immediate incarceration is not necessary.
In practice, supervision involves regular contact with the Probation and Mediation Service, providing information about the offender’s whereabouts, employment, and sources of income, monitoring compliance with obligations, and collaborating on a probation plan. The probation officer is tasked with both assisting the convicted person and verifying that they are complying with the conditions imposed by the court.
The most common mistake convicts make is viewing a suspended sentence as “nothing happened.” A suspended sentence is still a conviction. If the convict fails to comply with the conditions, the suspended sentence may be converted into an actual prison term.
Exceptional Sentence
An exceptional sentence is a special and most severe form of imprisonment. The Criminal Code defines an exceptional sentence as a prison term of more than 20 but not more than 30 years, or life imprisonment. It may be imposed only for a particularly serious crime for which the Criminal Code permits such a sentence.
The court may impose a sentence of more than 20 but not more than 30 years only if the gravity of the particularly serious crime is very high or if the offender’s rehabilitation is particularly difficult.
Life imprisonment is reserved for the most serious cases. Typically, these will be exceptionally serious crimes involving the intentional killing of a person, provided that strict legal conditions are met, such as a particularly reprehensible manner of commission, a particularly reprehensible motive, or particularly severe and difficult-to-remedy consequences. The law also requires that the imposition of such a sentence be necessary for the effective protection of society or that there be no hope of rehabilitating the offender through a sentence of 20 to 30 years.
An exceptional sentence is therefore not merely a “higher sentence.” It is an extraordinary punishment for exceptionally serious cases. The court must always provide a very careful justification as to why a sentence within the normal range is insufficient.
Extraordinary Reduction of a Prison Sentence
An extraordinary reduction in sentence allows the court to impose a sentence below the lower limit of the statutory sentencing range. This is not a routine consideration of mitigating circumstances, but a special legal provision.
Under Section 58 of the Criminal Code, the court may reduce the sentence below the lower limit of the statutory range if applying the statutory range would be disproportionately severe given the circumstances of the case or the offender’s situation, and if the offender’s rehabilitation can be achieved even with a shorter sentence.
An extraordinary reduction may also be considered if the offender helped prevent a crime that another person was preparing or attempting to commit, or if the offender pleaded guilty. The law also provides for situations where the sentence is imposed by a judgment approving a plea agreement, or where a fine is imposed in addition to a prison sentence and the statutory conditions are met.
A reduction below the lower limit may also be possible in cases of preparation, attempt, or aiding and abetting a crime, if the standard sentence would be disproportionately severe. The law also expressly provides for situations involving legal error, exceeding the limits of necessary defense, extreme necessity, permissible risk, or other circumstances precluding unlawfulness.
In practice, this could involve, for example, a case where the statutory penalty applies to a very broad range of conduct and the specific act falls at the very edge of that range. However, the court cannot apply an extraordinary reduction simply because the statutory sentence generally seems high to it. There must be specific circumstances of the case or factors relating to the offender that justify such a course of action.
This aspect is extremely important for the defense. If the statutory sentencing range starts high, an extraordinary reduction may be the deciding factor in whether a suspended sentence is even an option.
Extraordinary Increase in a Prison Sentence
An extraordinary increase in the sentence is the opposite legal concept. It is applied in cases of dangerous recidivism involving particularly serious crimes.
Under Section 59 of the Criminal Code, a court may impose a sentence in the upper half of the statutory range—the upper limit of which is increased by one-third—on an offender who has committed a particularly serious crime again, even though the offender has already been punished for that or another particularly serious crime. This is conditional on the new crime being of high gravity in light of the recidivism and other circumstances, or on the offender’s prospects for rehabilitation being diminished.
Following such an increase, the upper limit of the sentencing range may exceed 20 years. However, when imposing an exceptional sentence of more than 20 but not more than 30 years, the upper limit may not exceed 30 years.
The purpose of this exceptional increase is to protect society from an offender who, even after a previous conviction, commits particularly serious criminal acts again. It is therefore not a standard aggravating circumstance in the form of a prior conviction, but a special regime for serious cases of recidivism.
Serving a Prison Sentence
If the court imposes an unconditional sentence, it also decides in which type of prison the sentence will be served. Current legislation recognizes two basic types of prisons: a standard-security prison and a high-security prison.
As a rule, the court will place an offender in a standard-security prison if the conditions for placement in a maximum-security prison are not met. As a rule, the court will place an offender in a maximum-security prison, for example, if the offender has been sentenced to an exceptional sentence, a sentence for an offense committed for the benefit of an organized criminal group, a long sentence for certain particularly serious crimes, or an offender who has escaped or attempted to escape from pretrial detention, the execution of a sentence, or secure detention within the last five years.
Under certain circumstances, the court may place an offender in a different type of prison than would be required by the basic rules if it believes that this will better ensure the offender’s rehabilitation. However, an offender sentenced to life imprisonment is always placed in a high-security prison.
During the sentence, the court may decide to transfer the convict to a different type of prison. Transfer to a high-security prison may be considered if the convict’s behavior and compliance with his or her obligations warrant it. Conversely, transfer to a high-security prison may occur in the event of serious or repeated violations of order and discipline, or if the inmate commits a crime while serving their sentence.
The enforcement of prison sentences is further regulated by Act No. 169/1999 Coll., on the Enforcement of Prison Sentences, and its implementing regulations. The Criminal Code primarily addresses the imposition of a sentence, its length, the type of prison, parole, and other criminal law consequences.
Commencement of Sentence and Crediting of Pretrial Detention
Once a judgment becomes final, the court summons the convicted person to begin serving their sentence, unless they are already in pretrial detention or serving another sentence. If the convicted person does not report voluntarily, the court may order their delivery to the prison.
An important issue is the crediting of time spent in pretrial detention. According to Section 92 of the Criminal Code, the time the offender spent in pretrial detention during the criminal proceedings in which the sentence was imposed is credited toward the imposed sentence. The current legislation also considers the crediting of pretrial detention from other criminal proceedings for a different offense as fulfilling the conditions, provided that those proceedings ended, for example, with the discontinuation of criminal prosecution, the transfer of the case to another authority, or an acquittal, and provided that such crediting or consideration has not yet taken place.
This credit can be of fundamental practical importance. If a person has been in custody for several months, this period may be reflected in the length of the sentence actually served. For shorter sentences, this may mean that a significant portion of the sentence has already been effectively served.
As of January 1, 2026, the transitional rules governing the crediting and consideration of pretrial detention or a revoked sentence have also changed. For pretrial detention served in proceedings that were finally concluded after January 1, 2016, the new provisions of Section 92 apply; however, for certain earlier periods, the court will take pretrial detention into account or credit it only upon the defendant’s motion.
Parole
Conditional release means that a convicted person does not have to serve the entire sentence in prison. After serving the portion of the sentence prescribed by law, the court may decide to release the person on probation.
As of 2026, the wording of Section 88 of the Criminal Code provides that the court shall grant the convicted person conditional release if the statutory conditions are met: the convicted person has served the prescribed portion of the sentence, has demonstrated rehabilitation through their conduct and fulfillment of obligations after the judgment became final, and can be expected to lead a law-abiding life in the future; alternatively, the court may accept a guarantee that the convicted person will complete their rehabilitation.
The basic threshold is half of the imposed sentence. For a convict who has not yet served a prison sentence and has not been convicted of more serious crimes specified by law, this threshold may be one-third of the sentence. For certain serious crimes, two-thirds of the sentence is required.
Parole is not automatic simply because the convict has “served” the required portion of the sentence. The court examines the prisoner’s conduct during incarceration, compliance with the treatment program, disciplinary rewards and punishments, work, efforts to compensate for damages, family and employment background, and a realistic plan for life after release.
If a person on parole fails to prove themselves during the probationary period, the court may decide that they must serve the remainder of their sentence. In exceptional cases, the court may allow the parole to remain in effect and, for example, order supervision, extend the probation period, or impose other reasonable obligations.
Practical Examples
First Offense and Compensation for Damages:The offender commits a less serious property crime, has no prior convictions, quickly compensates for the damages, and takes responsibility for the offense. In such a situation, the court may consider a fine, a suspended sentence, or another more lenient solution. For offenses with a maximum sentence of up to 5 years, an unsuspended prison sentence would have to be specifically justified on the grounds that any other punishment would clearly be insufficient.
Violation of Probation: The defendant is sentenced to one year in prison, with the sentence suspended for three years. During the probationary period, the offender repeatedly commits further criminal acts and fails to fulfill the imposed obligation to compensate for the damage. The court may decide to enforce the originally suspended sentence. Probation, therefore, does not equate to impunity.
High Statutory Sentence and Extraordinary Reduction: The statutory sentence starts at several years in prison, but the specific case is at the very lower end of the severity scale; the offender pleads guilty, compensates for the damages, and presents no significant risk of recidivism. The defense may argue for an extraordinary reduction in the sentence if the statutory conditions are met.
Serving the Sentence and Applying for Parole: The convicted person works while serving their sentence, has no disciplinary issues, repays the damages, and has secured housing and a job for after release. After serving the required portion of the sentence, the convict may file an application for parole. The court will evaluate not only the formal length of the sentence served but also the convict’s genuine rehabilitation and prospects for leading a law-abiding life.
Summary
A prison sentence may take the form of actual imprisonment in a prison, but also a suspended sentence or a suspended sentence with probation. For less serious crimes, an unconditional sentence should be a last resort if no other punishment is clearly sufficient to ensure that the offender leads a law-abiding life.
When imposing a sentence, the court considers the statutory range, the seriousness of the offense, the offender’s character, their past conduct, their behavior after the offense, restitution, mitigating and aggravating circumstances, and the impact of the sentence on their future. In exceptional cases, the court may reduce the sentence below the lower limit of the sentencing range or, conversely, increase it in cases of dangerous recidivism involving particularly serious crimes.
Currently, an unconditional sentence is served in a maximum-security prison or a high-security prison. A convicted person may later apply for parole if they have served the portion of the sentence required by law, have demonstrated rehabilitation, and can be expected to lead a law-abiding life.
Frequently Asked Questions
Does a prison sentence always mean going to prison?
No. A prison sentence may be unconditional, conditional, or conditional with supervision. A person is sent to prison when serving an unconditional sentence or when the court orders the enforcement of a sentence that was originally suspended.
When can a court impose a suspended sentence?
A court may conditionally defer the execution of a prison sentence not exceeding 3 years if, in light of the offender’s character, personal circumstances, and the circumstances of the case, it determines that the execution of the sentence is not necessary.
How long can the probationary period be for a specific condition?
The probation period lasts from 1 to 5 years and may not be shorter than the length of the suspended sentence. It begins when the judgment becomes final.
What is the maximum prison sentence?
A standard unconditional prison sentence may be imposed for a maximum of 20 years. Exceptions include an extraordinary increase in the sentence, a crime committed for the benefit of an organized criminal group, and an exceptional sentence. An exceptional sentence may range from more than 20 to 30 years or life imprisonment.
How many types of prisons are there today?
Current legislation distinguishes between two basic types of prisons: secure prisons and high-security prisons. The court determines the classification based on statutory rules and the circumstances of the case.
Does time spent in custody count toward the sentence?
Yes. The time the offender spent in pretrial detention during the criminal proceedings in which the sentence was imposed is credited toward the sentence. If the statutory conditions are met, pretrial detention from other criminal proceedings may also be credited or taken into account.
When is parole possible?
The basic threshold is half the sentence. For some convicts, it may be one-third; for certain serious crimes, it may be two-thirds. In addition to having served part of the sentence, the convict must demonstrate rehabilitation, and the court must have reason to expect that he or she will lead a law-abiding life after release.
