If you witness a crime or are a victim of a crime, you are obliged to report it, with some exceptions. You also have a duty to stop the crime. Failure to do so may result in imprisonment. In this article, we will look at exactly who has a duty to report and what happens if you fail to report a crime. Finally, we’ll also look at a specific type of reporting duty related to child neglect.
The duty to report is the obligation to report a crime to the prosecutor or the police (in this case, the soldier has the obligation to report the crime to his or her superior). The Criminal Code sets out the types of offences to which this obligation applies. These include more serious offences such as murder, grievous bodily harm, torture, trafficking in human beings and counterfeiting of money.
Every person is therefore obliged to report, except where by reporting he or she could place himself or herself or a person close to him or her in danger of death, bodily harm or other serious harm or prosecution.
A lawyer and his or her employees who become aware of the commission of a crime in connection with the practice of law or the practice of law are also exempt from the duty to report. Furthermore, clergymen of registered churches and religious societies who learn of the commission of a crime in the context of a confession. A person who provides assistance to victims of the crime of trafficking in human beings and deprivation of personal liberty is also not subject to the notification obligation.
Even though doctors have a duty of confidentiality, this duty of confidentiality does not apply to whistleblowing. Therefore, if you have committed a crime, you should not confide in the doctor.
The duty to report a crime is also linked to the duty to prevent a crime. This duty means that if someone becomes aware of the preparation or commission of a crime, they have a duty to prevent the commission or completion of the crime. Prevention may be by direct action or by timely notification to the prosecutor or the police (in this case, the soldier has a duty to prevent the crime by notifying his or her superior).
This duty is not owed by a person who could not have prevented the offence without considerable inconvenience or without exposing himself or a person close to him to the risk of death, bodily harm or other serious injury or prosecution.
However, placing a close person in danger of prosecution does not apply to a number of crimes related to subversion of the Republic, terrorism, war, attack against humanity, etc. Thus, in this case, the duty to prevent the crime remains.
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If you fail to comply with your duty and do not report or report a crime, you can be imprisoned for up to three years. However, despite these rules and consequences, many crimes go unreported, including by victims of crime. The specific numbers vary according to the nature of the crime. Property crimes are reported by the majority of victims, while a much lower percentage report crimes with a sexual motive or domestic violence, for example.
Tip: What is a crime and how do we divide crimes? Find out in our article.
The decision not to report a crime is often understandable. Often the main reason is shame and fear of social condemnation. In addition, people may have a lack of trust in the police or the legal system and feel that reporting will not make a difference anyway. Nevertheless, crimes need to be reported.
Indeed, reporting a crime is crucial to protect other potential victims. Another important reason is justice and accountability. Reporting a crime allows the perpetrator to be brought to justice and face the consequences of their actions, which is essential to achieving justice.
In addition, from the point of view of community safety, reporting a crime has a deterrent effect on potential criminals. When crimes are regularly reported and perpetrators are punished, it strengthens citizens’ confidence in the legal and security system of the state.
Tip: Read what criminal liability is and what the Criminal Code says about it.
You can file a criminal complaint at any Police Department or prosecutor’s office. You can submit it in writing or orally. It should contain information about when the crime took place, who committed it, what exactly was involved, etc. The police will then investigate and, if they have sufficient evidence, prosecution will be initiated.
Tip: How do I file a criminal complaint so that it is dealt with? We have discussed this in detail in our article.
A specific type of notification obligation is the notification obligation, which is regulated by the Act on Social and Legal Protection of Children. This is the obligation to report a child at risk to the child welfare authority. Let’s take a look at who this obligation applies to and in what cases it arises.
The obligation arises when a child is at risk. The concept of a child at risk is not legally defined, but in the law we can find a list of characteristics of a child at risk. However, this is not exhaustive and serves more as a demonstration. Each case is assessed individually. For example, the following are children:
Tip: We have discussed the criminal liability of minors in our article.
An important condition is that the above-mentioned facts must last for such a period of time or be of such intensity that they adversely affect the development of the children or are or may be the cause of the adverse development of the children.
The notification obligation in this case does not apply to all persons, but to a predefined list of subjects. Specifically, this includes public authorities, authorised persons, schools, educational establishments, health service providers and other facilities for children (e.g. children’s and youth homes, child psychologists, etc.). However, anyone can report child neglect, including children themselves. In this case, however, it is not an obligation, but a notification right.
The obligation to report a crime to the prosecutor or the police, or to prevent its commission, is imposed on all persons, with a few specific exceptions. Failure to comply with these obligations can lead to a prison sentence of up to three years. A specific reporting obligation applies to cases of child neglect. This obligation lies primarily with state authorities, schools and health care facilities, but anyone can file a report.
Have you found yourself in a situation that requires filing a criminal complaint? We are here to help. We will reliably protect your rights and handle the entire process for you. We’ll handle everything quickly and flawlessly so you don’t have to worry about a thing.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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