The Duty to Report: What You Face If You Fail to Report a Crime

Quick Overview: The duty to report a crime arises for anyone who credibly learns that another person has committed one of the crimes listed in Section 368 of the Criminal Code. The duty to prevent a crime under Section 367 applies to situations where a person has credible knowledge that another person is preparing to commit or is currently committing a listed crime. Failure to report or prevent a crime is punishable by imprisonment for up to 3 years, unless the law provides for a more lenient penalty for the specific crime in question. This obligation does not apply to all crimes and always depends on the specific circumstances.

What Is the Duty to Report and Who Is Subject to It

In criminal law, the duty to report means the obligation to notify a public prosecutor or a police authority that one of the serious criminal offenses listed in Section 368 of the Criminal Code has been committed. The law establishes a special rule for military personnel: they may also report such a criminal offense to a superior.

However, this does not mean there is an obligation to report absolutely everything that may be unlawful. The Criminal Code lists specific crimes for which the duty to report arises. These include , for example , murder, aggravated bodily injury, torture and other inhuman and cruel treatment, human trafficking, deprivation of personal liberty, hostage-taking, child exploitation for the production of pornography, abuse of a person in one’s care, counterfeiting and altering currency, endangering public safety, selected terrorist offenses, treason, subversion of the republic, sabotage, or selected corruption offenses. The list is relatively broad, but it still applies only to the offenses specified in the law.

The key phrase here is “learns in a credible manner.” The obligation does not arise merely on the basis of vague slander, an impression, or an anonymous story without any supporting evidence. The information must be sufficiently specific and credible to reasonably suggest that one of the listed crimes may have been committed. In practice , it will depend on who provided the information, how specific it is, whether it is corroborated by other circumstances, and whether it is merely unsubstantiated speculation.

Anyone who credibly learns of such a crime has a duty to report it, unless they are covered by a statutory exception. It does not matter whether the person is a witness, neighbor, colleague, relative, employee, or a complete stranger. Furthermore, in cases of failure to report, it is not necessary for the reporter to know the perpetrator; what is decisive is credible information that a crime has been committed.

Failure to Report a Crime

The crime of failure to report a crime is governed by Section 368 of the Criminal Code. A person commits this crime if they learn in a credible manner that another person has committed one of the listed crimes and fails to report it without delay to a public prosecutor or a police authority.

Typically, this involves a situation where the crime has already been committed or you only learn about it after the fact. For example, someone might confide in you that they have seriously harmed another person, abused a child in their care, participated in human trafficking, or committed another serious offense listed in Section 368 of the Criminal Code.

The obligation to report does not mean that you must legally classify the act yourself exactly according to the section of the law. That is the role of the criminal justice authorities. What matters is that you describe what you know: what happened, when, where, to whom, who was present, whether there is evidence, and why you consider the information to be credible.

In practice, people are often afraid to report a crime because they are not 100 percent certain. However, a criminal complaint is not a verdict. You are reporting a suspicion and specific facts that, in your opinion, indicate that a crime has been committed. The police or the public prosecutor’s office will then assess whether it is appropriate to investigate the matter.

At the same time, it is important to distinguish between the duty to report and the general option to file a criminal complaint. Anyone can file a criminal complaint regarding any suspected crime. However, the duty under Section 368 of the Criminal Code applies only to the listed crimes and arises when credible information is provided.

Duty to Prevent a Crime

In addition to the duty to report, there is also a duty to prevent a crime under Section 367 of the Criminal Code. This applies to a different situation: the crime is either being prepared or is currently being committed, and it is still possible to prevent it from being committed or completed.

Prevention can take various forms. Sometimes, a timely report to the police or the public prosecutor may be sufficient. In an urgent situation, it may be appropriate to call 158 or 112. In other cases , it may involve warning the person at risk, averting an immediate danger, or taking other actions to prevent the crime from being completed. The law expressly provides that a crime can also be thwarted by reporting it in a timely manner.

Example: You learn from a credible source that someone is planning a serious violent attack against a specific person. If you do not report this information and make no attempt to prevent the attack, it may be determined that you have failed to fulfill your duty to prevent a crime. However, if you contact the police in a timely manner and provide specific information, this duty may be considered fulfilled.

Like the duty to report, the duty to prevent does not apply to all criminal offenses. Section 367 of the Criminal Code contains its own list of serious criminal offenses. It is broader than Section 368 of the Criminal Code and includes, among others, certain violent, sexual, property, economic, terrorist, and other particularly serious crimes.

The Difference Between Reporting and Prevention

The difference lies mainly in timing and purpose.

Reporting a crime refers to a situation where you credibly learn that another person has already committed a listed crime. The goal is to inform law enforcement authorities so they can track down the perpetrator, prosecute them, and prevent further consequences.

Preventing a crime refers to a situation where you have credible information that a crime is being planned or is currently being committed. The goal is to prevent the crime from being completed or to prevent further consequences.

A simple example:
If you learn that someone seriously injured another person yesterday and the act falls under Section 368 of the Criminal Code, you are dealing with a report. If you learn that someone is planning to seriously assault another person tonight, you are dealing with prevention.

In some situations, these two obligations may overlap. For example, you learn that a perpetrator has already assaulted one person and is simultaneously planning an attack on another. In that case, it may be important both to report the act that has already been committed and to prevent the continuation or completion of the subsequent act.

Exceptions: When You Are Not Liable for Failure to Report or Prevent

The Criminal Code provides that a person may not be criminally liable for failing to report or prevent a crime if doing so would expose themselves or a close relative to serious danger.

In the case of failure to report a crime, the perpetrator is not criminally liable if reporting the crime would expose themselves or a close relative to the danger of death, bodily injury, other serious harm, or criminal prosecution. Similarly, regarding the failure to prevent a crime, the law provides that a person is not liable to prosecution if they could not have prevented the crime without considerable difficulty or without exposing themselves or a close relative to the danger of death, bodily injury, other serious harm, or criminal prosecution.

However, the law takes a stricter approach to the most serious crimes. In some cases, the fact that a close person is at risk of criminal prosecution is not grounds for immunity from liability for failure to prevent a crime. The police cite examples such as treason, subversion of the republic, a terrorist attack, espionage, or crimes against humanity.

Special exceptions also apply to certain professions or roles. For example, the law protects attorneys or their employees from liability for failing to report a crime if they learned of the crime in the course of their legal practice. The exception also applies to clergy of registered churches and religious societies in connection with the seal of confession.

However, be aware of the difference between failure to report and failure to prevent. The exception for lawyers typically concerns the failure to report a crime that has already been committed; regarding the obligation to prevent a crime that is being planned or committed, the situation is stricter, and in specific cases, it is necessary to proceed with great caution.

Doctors, Schools, and Confidentiality

Confidentiality on the part of doctors, schools, social services, or other institutions does not mean that they may never report anything. If the law expressly stipulates a reporting obligation, this obligation may take precedence over confidentiality.

This is particularly important in practice when it comes to children. The Act on the Social and Legal Protection of Children imposes an obligation on selected entities to report to the municipal authority with extended powers any facts indicating that a child referred to in Section 6 of this Act is involved. This obligation applies, for example, to state authorities, authorized persons, schools, educational institutions, healthcare providers, social service providers, and other facilities intended for children.

It is not advisable to assume that “if I told the doctor or teacher, it will always remain just between us.” In situations specified by law, a doctor, school, or other institution may be required to take action, particularly in cases of suspected abuse, exploitation, neglect, or other serious threats to a child.

At the same time, it is important to note that the purpose of reporting is not to “punish someone for confiding in us,” but to protect the life, health, and safety of those at risk. When it comes to children, the social and legal protection system is designed primarily to protect the child and resolve the situation in the child’s best interest.

Failure to Report or Prevent a Crime: What Are the Consequences?

Failure to report a crime under Section 368 of the Criminal Code and failure to prevent a crime under Section 367 of the Criminal Code are punishable by imprisonment for up to 3 years. However, if the Criminal Code prescribes a more lenient penalty for any of these specified offenses, that more lenient penalty shall apply.

In practice, the court will always determine whether all elements of the offense have been met. Specifically:

• whether the offense was one specified in Section 367 or Section 368 of the Criminal Code,
• whether the person learned of the crime through credible means,
• whether the person had a realistic opportunity to report or prevent the offense,
• whether there was no legal exception,
• whether reporting or preventing the crime would have involved an unreasonable risk.

Therefore, not every instance of silence automatically constitutes a crime. On the other hand, in the case of serious crimes, it is not reasonable to ignore the situation. If you are unsure, it is advisable to contact a lawyer, the police, or the public prosecutor’s office to discuss a safe way to report the crime.

This is particularly sensitive for victims of domestic violence, sexual violence, or human trafficking. Fear, shame, dependence on the perpetrator, or concern about the consequences are real and understandable. In such cases, it makes sense to seek professional help from a crisis center, an intervention center, a specialized nonprofit organization, or a lawyer to ensure that the report is made as safely as possible.

How to Report a Crime

You can file a criminal complaint with the Czech Police or the public prosecutor’s office. It can be filed in writing, orally on record, electronically, or via a data box. In urgent situations where there is an immediate danger, you should call the police at 158 or, if necessary, the emergency number 112. The police themselves state that the obligation to report or prevent a crime applies to specific, listed criminal offenses under Sections 367 and 368 of the Criminal Code.

In your report, please include, if possible:

• what happened or what is about to happen,
• when and where it occurred,
• who the perpetrator might be,
• who is the victim or at risk,
• who witnessed it,
• what evidence exists,
• why you consider the information credible,
• whether there is an immediate danger.

You do not need to know the exact section of the law or the correct legal classification. It is important to describe the facts of the case. Law enforcement authorities will make their own legal assessment.

If you fear retaliation, it is advisable to state your concerns when you report the incident. In some situations, measures such as victim or witness protection, a no-contact order, a restraining order against the perpetrator, preliminary measures, or other appropriate actions may be taken , depending on the nature of the case.

Reporting Obligation and Children at Risk

In addition to the criminal reporting obligation, there is a special reporting obligation under Act No. 359/1999 Coll., on the Social and Legal Protection of Children. This duty applies not only to criminal offenses but generally to situations where the facts indicate that a child is at risk under Section 6 of this Act.

This may include, for example, a child whose parents are failing to fulfill their parental responsibilities, a child who is neglecting school attendance, a child using alcohol or addictive substances, a child who repeatedly runs away from home, a child at risk of domestic violence, a child against whom a crime has been committed that threatens their life, health, freedom, human dignity, moral development, or property, or a child suspected of committing such a crime. The law also addresses other situations, but these must always involve circumstances that persist for a certain period of time or are of such severity that they adversely affect or may affect the child’s development.

This reporting obligation applies in particular to state authorities, schools, educational institutions, healthcare providers, social service providers, authorized persons, and other facilities designated for children. The report is filed with the municipal office with extended jurisdiction, i.e., the locally competent OSPOD.

However, anyone else may also report a situation where a child is at risk. For an ordinary neighbor, relative, or acquaintance, this may not always constitute a legal obligation under Section 10(4), but it may be an important right that helps protect the child. If a child’s life or health is in immediate danger, it is appropriate to call the police or emergency services.

Failure to comply with the reporting obligation under Section 10(4) of the Act on the Social and Legal Protection of Children constitutes an administrative offense. A fine of up to 50,000 CZK may be imposed for this offense.

Practical Examples

Planned attack: An acquaintance specifically tells you that they plan to attack a certain person that evening, shows you a weapon, and describes the location. If the information seems credible—and is not just bar talk—you may have a duty to prevent the crime, typically by immediately reporting it to the police.

Child Abuse: A teacher repeatedly notices bruises, changes in behavior, and specific statements from a child that indicate abuse at home. The school may be required to report these facts to the Social and Legal Protection of Children (OSPOD). Depending on the severity and nature of the findings, filing a criminal complaint may also be considered.

Serious Past Criminal Offense: Someone credibly confides in you that they committed a serious criminal offense listed in Section 368 some time ago, such as aggravated bodily injury or human trafficking. Unless you are covered by a statutory exception, you may be required to report the matter to the police or the public prosecutor.

Domestic violence: A neighbor hears repeated violence in an apartment, cries for help, and has reasonable grounds to fear that someone is in immediate danger. In such a situation, it is not advisable to wait for “certainty.” In practice, it is appropriate to call the police, as a crime may be in progress and the victim may need protection.

Summary

The duty to report under criminal law applies only to selected serious crimes. According to Section 368 of the Criminal Code, anyone who credibly learns that another person has committed such a crime must report the matter without delay to the public prosecutor or the police. The duty to prevent a crime under Section 367 applies to situations where a person has credible knowledge that another person is preparing to commit or is committing a specified crime.

Failure to report or prevent such an offense may result in imprisonment for up to 3 years. However, the law provides for exceptions, particularly if reporting or preventing the offense would pose a serious danger to you or a close relative. Specific exceptions apply, for example, to attorneys and clergy regarding the failure to report a crime.

Separately, there is a duty to report to the Office for the Protection of Children and Families (OSPOD) in cases involving children at risk. This duty applies primarily to government agencies, schools, healthcare and social service facilities, and other entities specified by law. Failure to fulfill this duty may constitute a misdemeanor punishable by a fine of up to 50,000 CZK.