Criminal Liability and What the Criminal Code Says About It

Quick Overview:Only a person who commits an unlawful act that the criminal code defines as a crime and that meets the legal elements of the offense can be held criminally liable. For natural persons, the key factors considered are age, mental capacity, and culpability. A person who had not reached the age of 15 at the time of the act is not criminally liable. Criminal intent is generally required for a criminal offense, unless the Criminal Code expressly provides that negligence is sufficient. Criminal liability applies only in cases that are socially harmful, where liability under another legal provision is insufficient.

What Is Criminal Liability

Criminal liability is liability for committing a criminal offense. If the statutory conditions are met, a person may be prosecuted, tried, and punished under criminal law.

The basic rule is found in Section 12 of the Criminal Code: only the Criminal Code defines criminal offenses and prescribes criminal penalties. Furthermore, criminal liability and criminal law consequences may only be applied in cases that are socially harmful, where liability under another legal provision is insufficient. This is known as the principle of subsidiarity in criminal prosecution.

In practice, this means that criminal law should be a last resort. Certain situations are addressed as misdemeanors, civil disputes, labor law violations, or disciplinary issues. Criminal proceedings are initiated only when the conduct meets the elements of a criminal offense and poses a sufficiently harmful impact on society.

What Must Be Met for an Act to Constitute a Criminal Offense

According to Section 13 of the Criminal Code,a criminal offense is an unlawful act that the Criminal Code designates as a crime and that exhibits the characteristics specified in the Criminal Code. At the same time, criminal liability requires intentional fault, unless the Criminal Code expressly provides that negligence is sufficient.

Several conditions follow from this definition:

• the act must be unlawful,
• it must be expressly listed in the Criminal Code,
• it must satisfy the legal elements of the specific offense,
• it must be committed with culpability,
• in the case of a natural person, the individual must be of legal age and of sound mind,
• and there must be no circumstances that exclude unlawfulness.

It is therefore not sufficient that someone simply dislikes a certain act or that it caused harm. It must be possible to classify it as a specific criminal offense, such as theft, fraud, bodily injury, extortion, failure to provide child support, or another provision of the Criminal Code.

The Criminal Code distinguishes between misdemeanors and felonies. Misdemeanors include all crimes of negligence and those intentional crimes for which the maximum sentence does not exceed 5 years. Felonies are all other criminal offenses; particularly serious felonies are intentional criminal offenses with a maximum sentence of at least 10 years.

Who Is Criminally Liable

In the case of a natural person, three basic questions are addressed in practice: whether the person has reached the required age, whether the person was of sound mind at the time of the act, and whether the person acted culpably. Only if these conditions are met can criminal liability be considered.

Age: When Does Criminal Liability Begin?

The Criminal Code stipulates that anyone who has not reached the age of 15 at the time the offense was committed is not criminally liable. The decisive factor is the age at the time of the offense, not at the time proceedings are initiated or the court renders its decision.

It is therefore incorrect to say that the perpetrator must be “over 15 years of age.” Criminal liability begins upon reaching the age of 15. If a child commits an act the day before their 15th birthday, they are not criminally liable under the Criminal Code. If they commit the act after turning 15, they may be held criminally liable if certain additional conditions are met.

For children under 15, the term used is not “criminal offense” but “otherwise punishable act.” Such conduct may be addressed by a juvenile court, a social and legal child protection agency, or other institutions. The goal is not traditional punishment, but primarily the protection of the child, educational guidance, and the prevention of further unlawful conduct. Jurisdiction over juvenile cases and cases involving acts otherwise punishable committed by children under the age of 15 is exercised by juvenile courts.

Sanity and Insanity

Sanity means that a person was capable, at the time of the act, of recognizing the unlawfulness of their conduct and of controlling their behavior. If, due to a mental disorder at the time of the act, they were unable to recognize its unlawfulness or to control their behavior, they are not criminally liable for that act.

Insanity is assessed at the time of the offense. It is not sufficient that a person has been diagnosed with or is being treated for a mental illness. The decisive factor is whether the mental disorder, at that specific moment, precluded the ability to recognize the wrongfulness of the act or to control one’s conduct.

In addition to insanity, the Criminal Code also recognizes diminished capacity. A person with diminished capacity is one whose ability to recognize the unlawfulness of an act or to control their conduct was substantially reduced due to a mental disorder at the time of the act. Diminished mental capacity does not automatically preclude criminal liability, but it may be relevant to the sentence, protective treatment, or the overall assessment of the offender.

Alcohol, Drugs, and Intoxication

When it comes to alcohol and drugs, it is necessary to distinguish between two situations. If a person gets drunk as usual and commits a crime, they generally cannot simply defend themselves by claiming that they “did not know what they were doing.” However, if a person, through the consumption or administration of an intoxicating substance, reaches a state of insanity and, in that state, commits an otherwise criminal act, the specific criminal offense of intoxication under Section 360 of the Criminal Code may apply.

The Criminal Code stipulates that anyone who, through the consumption or administration of an intoxicating substance—even through negligence—brings themselves into a state of insanity and, while in that state, commits an act that would otherwise be a crime, may be punished for intoxication. However, if the law prescribes a more lenient penalty for an act that would otherwise be a crime, that more lenient penalty shall apply. Special rules also apply if the offender brought himself into a state of insanity with the intent to commit a criminal offense or committed a criminal offense through negligence consisting of bringing himself into a state of insanity.

The simple statement “he was drunk, therefore he is not liable” is therefore very misleading in criminal law.

Culpability: Intent, Negligence, and Gross Negligence

Culpability expresses the perpetrator’s internal relationship to the act and its consequence. The Criminal Code distinguishes between intent, negligence, and, in some cases, gross negligence.

Intent can be direct or indirect. Direct intent means that the perpetrator intended to violate or endanger an interest protected by criminal law. Indirect intent means that the perpetrator knew that his or her conduct could cause such a consequence and, in the event that it did occur, was resigned to it; “resigned to it” also includes acceptance of this consequence.

Negligence may be conscious or unconscious. In the case of conscious negligence, the perpetrator knows that they may violate or endanger a protected interest but, without reasonable grounds, relies on the fact that this will not happen. In the case of unconscious negligence, the perpetrator is unaware of the risk, even though, given the circumstances and his or her personal situation, he or she should and could have known about it. Gross negligence implies the perpetrator’s obvious disregard for the interests protected by criminal law.

An important basic rule applies: criminal offenses generally require intent unless the law expressly provides that negligence is sufficient. For example , certain traffic accidents or workplace injuries may be treated under criminal law as crimes of negligence. Conversely, for many other criminal offenses, negligence would not be sufficient.

Mistake of Fact and Mistake of Law

Criminal liability may also be affected by error. A factual mistake occurs when the perpetrator is unaware of or does not anticipate a factual circumstance that constitutes an element of the crime. In such a case, the perpetrator does not act intentionally; however, this does not preclude liability for a crime of negligence, if the law permits it.

A legal mistake means that the perpetrator does not know that his or her act is unlawful. This does not always excuse him or her. The Criminal Code states that the perpetrator acts without culpability only if he or she could not have avoided the mistake. For example, the error could have been avoided if the obligation to know the law arose from the law itself, the offender’s employment, profession, status, or position, or if the offender could have recognized the unlawfulness without obvious difficulty.

Entrepreneurs, drivers, doctors, accountants, or public officials are often expected to have a higher level of knowledge of the rules pertaining to their activities.

Criminal Liability of Juveniles

A juvenile is a person who, at the time the offense was committed, had reached the age of 15 but had not yet reached the age of 18. An offense committed by a juvenile is referred to as a “misdemeanor” under the Juvenile Justice Act.

In addition to the general conditions of criminal liability, the intellectual and moral maturity of juveniles is also taken into account. A juvenile who, at the time of the offense, had not attained sufficient intellectual and moral maturity to recognize the unlawfulness of the act or to control his or her conduct is not criminally liable for that offense.

Example: Fifteen-year-old Tomáš, under pressure from older friends, takes part in a store robbery. If an expert assessment and other evidence showed that, at the time of the offense, he was not intellectually and morally mature enough to recognize the unlawfulness of his actions or to control his behavior, he might not be criminally liable for the offense. This does not mean, however, that the matter would go unaddressed. The law allows for the application of protective measures and procedures similar to those used for children under 15 years of age to such a juvenile.

Proceedings against juveniles are governed by special rules. Their purpose is not only punishment but also rehabilitation, protecting the juvenile from harmful influences, and preventing further offenses. The law expressly stipulates that the purpose of measures taken against a juvenile is, above all, to create conditions for their social and mental development, taking into account their level of intellectual and moral development.

Criminal Liability of Legal Entities

A legal entity—such as a business corporation, association, foundation, or other legal entity—may also be held criminally liable. Its liability is governed by a separate law, Act No. 418/2011 Coll., on the Criminal Liability of Legal Entities and Proceedings Against Them. This Act sets forth the conditions for the criminal liability of legal entities, penalties and protective measures, as well as the procedure for proceedings against them.

Of course, a legal entity does not act physically on its own. It acts through people. A criminal offense by a legal entity may be committed in its interest or in the course of its activities if, for example, a statutory body, a person in a managerial position, a person exercising decisive influence, or an employee acted while performing work duties, provided that the act can be attributed to the legal entity under the law.

Example: A company’s managing director instructs employees to dispose of hazardous waste in a cheaper but illegal manner, such as by discharging harmful substances into a river. If the legal conditions are met, not only the specific individual but also the company itself may be held criminally liable.

The criminal liability of a legal entity is not precluded even if the specific natural person who acted cannot be identified, provided that the statutory conditions for attribution are met. However, a legal entity may be exempt from liability if it has made every effort that could reasonably be expected of it to prevent the commission of the offense.

In practice, therefore, companies address internal rules, training, control mechanisms, compliance programs, management’s response to risks, and whether the company actually did everything that could reasonably be expected of it.

When Criminal Liability Does Not Arise

Sometimes a person fulfills the external elements of conduct that would otherwise be criminal, but criminal liability still does not arise. Typically, these are circumstances that exclude unlawfulness.

Necessary defense

Necessary defense is an act by which a person repels an imminent or ongoing attack on an interest protected by criminal law. Such an act is not a criminal offense. However, it does not constitute necessary defense if the defense was clearly disproportionate to the nature of the attack.

Therefore, it is not the case that the defender must always flee or use the very mildest means possible. Necessary defense may even be more forceful than the attack in order to repel it. The limit is only when the disproportion is completely obvious.

Example: If someone attacks you with a knife at night and you use pepper spray or physical force to fend off the attack, this may constitute self-defense. However, if you were to chase the attacker after the attack had ended and assault them in retaliation, self-defense would generally no longer apply.

Extreme Necessity

Extreme necessity differs from self-defense in that it does not respond to an attack but to an imminent danger. An act that would otherwise be criminal, by which someone averts an imminent danger to an interest protected by criminal law, is not a criminal offense. However, extreme necessity does not apply if the danger could have been averted by other means, if the resulting harm is as serious or more serious than the threatened danger, or if the person facing the danger was obligated to endure it.

Example: A female driver swerves and damages a fence to avoid hitting a child who ran into the roadway. If it was not possible to avert the danger in any other way and the damage to the fence is clearly less serious than the imminent harm to the child, this may constitute extreme necessity.

Other Circumstances Excluding Unlawfulness

The Criminal Code also recognizes other circumstances precluding unlawfulness: consent of the victim, permissible risk, and justified use of a weapon. The victim’s consent applies only to matters over which the victim has the right to decide, and must be given voluntarily, definitively, seriously, and clearly. Permissible risk relates to socially beneficial activities carried out within the scope of employment, a profession, a position, or a function under lawful conditions. Justifiable use of a weapon applies when a person uses a weapon within the limits set by another legal regulation.

These legal concepts must be assessed with caution. It is not appropriate to view them as a blanket excuse for any risky or violent conduct. Specific legal conditions must always be met.

When Criminal Liability Ceases

There is a difference between a situation where criminal liability does not arise at all and a situation where it arises but later ceases to exist. Typical grounds for the cessation of criminal liability are effective repentance and the statute of limitations.

Effective Repentance

Effective repentance applies only to criminal offenses specifically listed by law. Criminal liability ceases if the perpetrator voluntarily prevents the harmful consequence or remedies it, or makes a timely report to the public prosecutor or a police authority at a time when it was still possible to prevent the harmful consequence. A soldier may make such a report to a superior.

Therefore, a belated expression of remorse in the sense of “I’m sorry” is not sufficient. Effective remorse is a specific legal concept and requires active conduct on the part of the perpetrator.

Statute of Limitations on Criminal Liability

Criminal liability may also cease upon the expiration of the statute of limitations. Its duration depends on the severity of the crime. According to the Criminal Code , the statute of limitations is 30 years for crimes for which an exceptional sentence may be imposed, for murder, and for crimes committed during the drafting or approval of a privatization project; 15 years if the maximum sentence is at least 10 years; 10 years if the maximum sentence is at least 5 years; 5 years if the maximum sentence is at least 3 years; and 3 years for other crimes.

The statute of limitations is not always calculated simply from the date when “something happened.” For crimes where the effect is an essential element, the statute of limitations begins to run from the moment that effect occurred; for other crimes, it begins to run from the end of the conduct. The law also provides for the suspension and interruption of the statute of limitations, so it is necessary to review the entire course of the proceedings in a specific case.

Practical Examples

Child under 15 years of age:A 14-year-old child steals merchandise from a store. Because the child had not yet reached the age of 15 at the time of the offense, the child is not criminally liable under the Criminal Code. However, the case may be handled by a juvenile court or a social and legal child protection authority as an otherwise punishable offense.

Juvenile Offender:A 16-year-old juvenile commits a violent act. It is not sufficient to merely examine whether he was 15 years old. In the case of a juvenile, it may also be important to determine whether they had attained the necessary intellectual and moral maturity to recognize the unlawfulness of their actions or to control their behavior.

Negligent traffic accident:A driver is not paying attention, fails to see a pedestrian, and causes the pedestrian to be injured. He may not have intended to harm anyone, but if he failed to exercise the necessary care and the criminal code allows for negligence in the context of the offense in question, he may be criminally liable.

A Company and an Employee’s Criminal Offense:An employee of a company commits a criminal offense while performing work duties as part of the company’s operations. If company management issued instructions, approved the procedure, or failed to carry out the necessary oversight and measures, the criminal liability of the legal entity may also be addressed.

What to Do If You Are Facing Criminal Liability

If the police summon you to provide a statement, initiate criminal proceedings, or charge you, it is important to quickly determine what crime you are accused of and what evidence the law enforcement authorities are relying on.

In practice, it is particularly important to verify:

• whether the described act actually meets the elements of a criminal offense,
• whether it is more likely to be a misdemeanor or a civil dispute,
• whether culpability has been proven,
• whether mental capacity has been ruled out or whether your ability to recognize or control your actions has been diminished,
• whether self-defense, extreme necessity, or another circumstance precluding unlawfulness applies,
• whether the statute of limitations has expired,
• whether, in the case of a legal entity, there are grounds for exemption from liability.

The biggest mistake is often underestimating the importance of the initial contact with the police. Even the very first statement or explanation can influence the further course of the proceedings. Therefore, it is advisable to know in advance whether to make a statement, what your right to remain silent is, and what evidence needs to be secured.

Summary

Criminal liability arises only when multiple conditions are met simultaneously. The act must be an unlawful act designated as a crime under criminal law; the act must exhibit the legal elements of a crime; and, in the case of a natural person, the requirements of age, mental capacity, and culpability must be met. Criminal liability generally requires intent, unless the law expressly provides that negligence is sufficient.

Special rules apply to juveniles and legal entities. In the case of juveniles, intellectual and moral maturity are also taken into account; in the case of legal entities, the attribution of conduct to persons associated with the legal entity and the possibility of exoneration are considered if the company has made every effort that could reasonably be expected of it.

Criminal liability does not arise, for example, in cases of necessary defense or extreme necessity, provided that the statutory conditions are met. Criminal liability may cease, among other things, through effective repentance or the statute of limitations. In every case, therefore, it is not enough to ask “what happened,” but also whether all the legal prerequisites for criminal liability have been met.