Abuse of a Person in One’s Care: Both Children and Seniors Are at Risk

Quick Overview

What to Do If You Suspect Abuse

• If violence is occurring or there is an immediate threat, call 158.
• If a child is involved, also contact the Social and Legal Protection of Children Authority (OSPOD).
• Provide specific details: what happened, when, where, and who is involved.
• Keep any available evidence in a safe place. Do not delay calling for help while gathering evidence.

Do you need help describing the events and preparing documentation for a criminal complaint? An available attorney will discuss your legal options with you. In cases of immediate danger, call the police first.

What the Law Says About Abuse of a Person in One’s Care

Abuse of a person in one’s care is defined in Section 198 of the Criminal Code (Act No. 40/2009 Coll.) as intentional and repeated conduct that is particularly cruel or particularly humiliating. What exactly is defined in this section?

Anyone who abuses a person in their care or under their supervision shall be punished by imprisonment for one to five years.

The offender shall be punished by imprisonment for two to eight years

• if they commit the act described in paragraph 1 in a particularly cruel or torturous manner,
• if such an act causes serious bodily injury,
• if the act is committed against at least two persons, or
• if the offender commits such an act over an extended period of time.

The offender shall be punished by imprisonment for a term of five to twelve years if, by abusing a person in his or her care or under his or her supervision,

• serious bodily injury to at least two persons,
• or death.

Abuse within a relationship can also constitute a criminal offense. And it need not involve only physical abuse, humiliation, or manipulation by a partner. It can also manifest as social isolation or intimidation.

Who is the victim and who is the perpetrator?

Anyone entrusted to the care or upbringing of the perpetrator is considered a victim of abuse. This can include children, partners, seniors, or people with disabilities. The legal definition also emphasizes that abuse is not necessarily physical—psychological abuse, economic exploitation, or social isolation are also considered forms of abuse. In other words: If someone yells at a child to wipe the dishes, that alone does not constitute abuse. But if they start locking the child in a room and restricting their access to other people, we’re already on very thin ice.

However, legal guardians are not the only ones who commit the crime of abuse of a person in their care. Sometimes teachers, healthcare workers, people working in children’s homes or caring for the elderly, and others who in some way care for a person dependent on them also become perpetrators.

Where does an argument end and abuse begin?

Arguments or one-time conflicts are a normal part of human relationships. Abuse, however, has several characteristic features:

• Repetition and Systematic Nature: Abuse is not a one-time argument. It occurs repeatedly and often follows a pattern of behavior in which the abuser intentionally humiliates, controls, or intimidates the victim.
• Consequences for the victim: The victim suffers long-term physical or psychological consequences, such as loss of self-esteem, depression, anxiety, or health problems.
• Exploitation of an unequal power dynamic: Abuse often occurs in situations where the perpetrator exploits their superiority—whether physical, psychological, economic, or social.

Abuse of a person in one’s care is thus characterized by a high degree of cruelty and callousness and persists over a period of time. An example of physical violence includes systematic punishment, which involves severe beatings with hands or various objects. It can also involve kicking, pulling hair, tying the victim to a table, or overheating or locking them in a cold environment without sufficient clothing.

Psychological abuse, in turn, involves humiliation, constant verbal abuse, manipulation, or intimidation. Economic abuse manifests as denying access to finances, controlling spending, or preventing the victim from earning their own money. As for social isolation, the victim is most often completely cut off from contact with their family, friends, or the outside world in general.

How to Recognize Child Abuse

Child abuse may not be immediately apparent. Signs that warrant attention include repeated unexplained injuries, a pronounced fear of a specific adult or of returning home, sudden withdrawal, or long-term neglect of basic needs. It is important to notice changes and patterns, rather than judging a child based on a single incident.

A single warning sign does not in itself prove abuse. However, if the signs recur or the child describes the abuse themselves, it is appropriate to address the situation. You can report your suspicions to the police and the Social and Legal Protection of Children (OSPOD) without having to determine yourself what crime has been committed.

If a child confides in you, remain calm, listen to them, and reassure them that they are not to blame for the abuse. Do not press for details, and do not promise that everything will remain a secret. To guide your next steps, it will be helpful to record the child’s own words and the circumstances of the disclosure. In cases of immediate danger, calling for help takes priority over gathering further details.

Year-over-year, criminal activity related to the abuse of a person in one’s care increased by 10.7% in 2023.
According to statistics, approximately 30% of women and nearly 12% of men in the Czech Republic have experienced domestic violence. Among victims of domestic violence, 39% of men and 28% of women did not discuss this problem with anyone at all.

How many years can one face for abusing a person in one’s care?

The Criminal Code stipulates a basic sentence of imprisonment ranging from one to five years for the abuse of a person in one’s care. A sentence of two to eight years applies, for example, in cases involving a particularly cruel or torturous method, causing serious bodily harm, abusing at least two people, or committing the offense over an extended period of time. The current legislation also includes a legally defined discriminatory motive.

If the offender causes serious bodily injury to at least two persons or death, Section 198 prescribes a sentence of five to twelve years. The mere fact that a child is under 15 years of age is not, in and of itself, a separate ground for applying a higher sentence under this provision; however, the age and vulnerability of the victim may influence the assessment of the case and the sentence imposed.

Example from Case Law

Breaks between attacks do not necessarily interrupt the period of abuse. In a decision dated September 24, 2025,the Supreme Court addressed repeated physical and verbal abuse against a child who was hospitalized away from home for part of the period under review. It explained that when assessing whether a crime was committed “over a prolonged period,” the entire period of abuse is decisive. Breaks caused, for example, by the child’s stay in the hospital do not in and of themselves mean that individual attacks must be evaluated separately.

Therefore, when filing a report, it may be important to describe the entire course of the abuse, including periods of respite and the reasons why they occurred.

What Helps in Proving the Case?

Proving the crime of abuse of a person in one’s care is often complicated. Victims often do not report the abuse out of fear, shame, or economic dependence on the perpetrator. Minors and young children, in particular, are even less likely to have the opportunity or courage to confide in someone and ask for help. The following factors, in particular, play a key role in establishing proof:

• Witnesses: Neighbors, family members, or friends who can confirm instances of violence.
• Expert opinions: Psychological or psychiatric evaluations of both the victim and the perpetrator.
• Documentation of incidents: Photographs of injuries, medical reports, or records of communication.

What role does each of us play in cases of abuse of a person in our care?

Each of us can be a crucial link in the chain that leads to uncovering abuse of a person in our care. As soon as you have even the slightest suspicion that someone might be a victim of abuse, it’s better to take preventive action than to underestimate the situation. Victims of abuse often need support to find the courage to address the situation. Be supportive, offer help, or put them in touch with professionals. Who can help in uncovering abuse?

• Neighbors: If you hear repeated shouting or suspect violence that might be taking place behind the walls of your home, consider contacting the police. Don’t forget your duty to report such incidents.
• Schools and doctors: Children often hide signs of abuse. However, teachers and doctors should pay close attention to a child if they notice bruises, observe changes in behavior, or see signs of neglect.

The system offers protective measures

The Criminal Code and related laws in the Czech Republic provide several options for protecting victims of abuse of a person in their care. Their purpose is not only to stop ongoing violence but also to minimize the risk of recurrence and ensure a safe environment for victims.

1. Expulsion of the abuser

If the legal conditions are met, the police may order the abuser to stay away from the shared residence and its immediate vicinity for 14 days. This period cannot be shortened, even with the consent of the person at risk. Protection does not require a prior conviction of the abuser. Filing a motion for a preliminary court order during the expulsion period affects the continued duration of protection, provided the legal conditions are met.

2. Restraining Order

The court may impose on the perpetrator a restraining order requiring them to remain a specific distance away, a prohibition on contacting the victim, or a prohibition on entering designated locations (e.g., the workplace or school). This order may also be issued as a preventive measure if there is a risk of repeated violence.

3. Child Protection and Court Intervention

When a child is at risk, the Social and Legal Protection of Children (OSPOD) assesses the situation and takes the necessary steps to protect the child. If the child is seriously at risk, OSPOD may file a motion for a preliminary injunction, through which the court will adjust the child’s living arrangements and, if necessary, order placement in a safe environment. OSPOD does not decide on its own to forcibly remove a child from parental care. The court decides on the restriction, suspension, or termination of parental responsibility based on the specific circumstances.

4. Additional Measures

Under certain circumstances,the perpetrator may be sentenced to a suspended sentence with the requirement to undergo therapy or anger management courses. The court may award the victim compensation for the harm caused.

In addition, every region in the Czech Republic has an intervention center where victims of violence can turn for legal, psychological, or social assistance. These institutions also actively cooperate with the police and courts to protect victims.

When a Lawyer Can Help You

Legal assistance can be useful when filing a criminal complaint, representing the victim, claiming compensation for damages, and addressing follow-up issues regarding child custody. A lawyer will explain what documents to prepare and how the various proceedings are interconnected. Contact Dostupný advokát to discuss your options for protection and further legal steps.

Summary

Abuse of a person in one’s care refers to serious mistreatment of a person who is in the care or under the supervision of the perpetrator. It can affect both children and adults and does not necessarily take the form of physical violence. The Criminal Code sets the basic sentence at one to five years; for more serious forms, the sentence ranges from two to eight years or from five to twelve years. In cases of immediate danger, call 158; if a child is involved, also contact OSPOD. Keep any available documentation in a safe place, and do not wait until all evidence has been gathered before seeking help. Depending on the circumstances, protection may be provided through a 14-day police restraining order, court orders, and other measures to protect the victim.