Criminal law regulates what conduct constitutes a crime, what punishment can be imposed for it, and how criminal proceedings before the police and the courts are conducted. It can affect you not only as the perpetrator, but also as a victim, witness, entrepreneur or member of a company’s statutory body. In this article we explain what criminal law involves, what the penalties are in the Czech Republic and when it is necessary to contact a lawyer.
Quick summary
If you have been subpoenaed for questioning, have had a criminal prosecution brought against you, or are dealing with corporate liability, contact us. We will be happy to represent you.
Criminal law is the branch of law that determines what conduct is serious enough to warrant punishment by the state. Simply put: If you break the rules in such a way that society is endangered, the state can bring criminal proceedings against you.
Criminal law is divided into two main parts:
In order for an act to be considered a criminal offence, it must be:
The principle of “nullum crimen sine lege ” applies – no crime without law. In other words: You cannot be punished for something that the law does not designate as a crime.
Criminal law does not only apply to natural persons. In the Czech Republic, there is also criminal liability for legal persons – i.e. companies.
Are you unsure whether your situation may have criminal implications? Consulting with an attorney can save you major complications.
Or do you deal with criminal liability in the company? Contact an attorney specializing in criminal law. In criminal proceedings, details and time are of the essence. We are happy to represent you and protect your rights.
Many people think of the criminal law only as a perpetrator of a serious crime. In reality, it can affect you in everyday life situations. Let’s take a look at them.
The police can summon you to give an explanation without formally prosecuting you. At this stage, you are acting as a suspect. Many people underestimate the situation because they think that if they are not charged, it is no big deal. But in reality, this can be a crucial moment in the case. What you say when you give your explanation can be filed in the case file and have a significant impact on the way forward; its content can be reflected in the evidence, especially as a basis for further actions and evidence.
An explanation is usually given at the police station and is usually less formal than an interview with the accused. However, even at this stage, you have the right to refuse to give a statement if it could put yourself or a person close to you at risk of prosecution. You also have the right to legal aid. Consulting a lawyer beforehand can make a big difference to how you respond to questions and how your statement is worded.
If the police gather enough evidence, a prosecution may be brought. At that point, the suspect becomes the accused. This is already a formal procedural status, which carries with it specific rights and obligations. You will receive a decision to initiate a criminal prosecution, which describes the act of which you are accused and its legal qualification under the Criminal Code.
As the accused, you have in particular the right:
In some cases, the defence is compulsory (known as a ‘necessary defence’), for example if you are facing a prison sentence of more than five years or are in custody. However, even outside these situations, legal representation is very important. Criminal proceedings are a formal process with strict rules and procedural deadlines. Ignorance of the law can lead to mistakes that cannot be corrected later.
Take the example of a driver who causes a car accident with minor injuries. Initially, it is a routine accident. However, if a breach of an important duty is proven, the matter may be classified as a criminal offence of negligent injury.
Criminal law not only protects society from offenders, but also specific victims of crime. If you have been defrauded, assaulted, robbed or otherwise harmed – both financially and non-financially – you have victim status and important rights in criminal proceedings. This is not just a “passive role” of a witness. As a victim , you can actively pursue your claims and seek compensation directly in the criminal proceedings.
Typically, this may include situations such as fraud in the sale of goods, assault resulting in injury, embezzlement of money, damage to property, or perhaps economic crime affecting your business. In addition to direct property damage (for example, lost money), you can also claim compensation for lost profits, medical costs or reasonable compensation for interference with personal rights.
The great advantage is that you can claim damages through the so-called adhesion procedure – that is, directly in the criminal court. You do not automatically have to file a separate civil action. If the court finds the perpetrator guilty and your claims are sufficiently proven, it can order him to pay compensation. This can greatly simplify and speed up the path to compensation.
Being a victim also gives you the right to:
However, the correct and timely presentation of a claim is crucial. For example, if you do not claim compensation properly and in time, the court may refer you to civil proceedings, which means extra time and costs. In some cases, you will also need to quantify the damages accurately and provide evidence to support them – this can be difficult without legal advice.
In addition, as a victim, you don’t just have to deal with the financial side of the case. Criminal proceedings can be mentally challenging, especially for violent or sensitive crimes. An attorney can help you not only formulate claims, but also help protect your rights during interviews and court hearings.
Even if you are not a suspect or victim, criminal law can affect you in your role as a witness. The police or a court may call you to question you if you have information that is important to the investigation of a crime. Being a witness is regulated by law and brings not only obligations but also important rights.
The basic duty of a witness is to attend when summoned and to give a truthful account of what he or she knows. Perjury is in itself a criminal offence punishable by imprisonment. This means that the witness must testify truthfully and not conceal anything material.
At the same time, however, the law protects the witness from undue interference. You have the right to refuse to give evidence in cases provided for by law, especially if you would put yourself or a close person (for example, a spouse, parent, child or sibling) at risk of prosecution. This right is very important and the police must tell you about it before the interview starts.
The witness also has the right to:
In practice, interviewing a witness can be uncomfortable, especially if it involves sensitive or conflicting situations – for example, domestic violence, a traffic accident or a labour dispute that has escalated into a criminal case.
Sometimes it is only during the interview that the witness realises that his or her testimony could have an impact on him or herself. In this case, it is important to know that the right to refuse to give evidence can be exercised during the interview.
Have you been contacted by the police? Do not go to the interview without legal advice. The first statement can fundamentally affect the whole case.
Tip: The court can now impose a fine for any offence – alone or in addition to any other punishment. The law expressly emphasises their importance, particularly where the offender has obtained (or attempted to obtain) a pecuniary benefit through a deliberate criminal act. You can read more about this change in our article.
Punishments in the Czech Republic are not just about prison. The Czech Penal Code knows several types of punishments that can be imposed separately or in combination.
Imprisonment
Can be suspended or unconditional.
House arrest: This consists of an obligation for the prisoner to stay in a specified place at a specified time; compliance with this obligation is monitored, possibly by an electronic monitoring system.
Community service: “Substitution” of shorter prison sentences, typically in the range of 50-300 hours.
Monetary penalty: Imposed in the form of daily rates. The amount depends on the seriousness of the offence and the offender’s income.
Prohibition of activity: Typical, for example, for traffic offences – prohibition from driving motor vehicles.
Forfeiture of property or goods: Mainly used in serious economic crime.
Criminal proceedings have several stages:
Presumption of innocence applies at all times. Suspect/accused has right to remain silent and right to counsel.
The key moment is often the first interrogation. Many people under pressure will testify in a way that is damaging to them later.
As a general rule: the sooner you reach out to an attorney, the more chance you have to influence the outcome.
You especially need a lawyer if:
There are situations of ‘ indispensable defence’ – for example, if you are facing a sentence of more than five years or are in custody. In these cases, you must have a defence lawyer.
Checklist:
✔ The police have summoned you for questioning.
✔ You have received an order to prosecute.
✔ You are facing a ban.
✔ You are a businessman and the case is related to your business.
If you have answered yes at least once, a legal consultation is very appropriate.
The Criminal Law regulates the most serious violations of the law and sets out the penalties that you face in the country. It can affect the life of an individual and a business more than other areas of law. Timely legal advice often makes the difference between whether there will be an indictment, what punishment will be imposed, or whether a more favorable resolution can be reached.
Tip: The amendment to the Criminal Code effective from January 2026 significantly changes the state’s response to different types of crime. While it extends the statute of limitations for murder and makes it clear that the most serious crimes must not go unpunished even after decades, it limits criminal repression for other crimes. See what sentences are changing.
Criminal law defines what conduct constitutes a criminal offence, what penalties it carries in the Czech Republic, and how criminal proceedings are conducted from the initial investigation to the court’s decision.The rules of criminal law are regulated mainly by the Criminal Code (substantive law) and the Code of Criminal Procedure (procedural law). It applies not only to offenders, but also to victims, witnesses, entrepreneurs and legal entities, as it establishes the rights and obligations of all parties to the proceedings – for example, the right to remain silent, the right to a lawyer, the possibility of claiming damages or the obligation to testify. The main penalties include imprisonment (suspended and unconditional), house arrest, community service, a fine, prohibition of activity or confiscation of property, with the specific type and amount of the penalty depending on the seriousness of the offence and the circumstances of the case. Criminal proceedings have several stages – from the filing of an explanation and the initiation of the prosecution through the investigation to the trial and any appeal – and the first interview often plays a key role.
The gravity of the act, the amount of damage and the fulfilment of the statutory facts are decisive. A misdemeanour is a less serious violation of the law.
It can take months or even years, depending on the complexity of the case and the amount of evidence.
Yes, once the legal conditions are met, the conviction can be overturned.
This is a form of agreement between the accused and the prosecutor, which is approved by the court. It can lead to a lighter sentence.
Yes, for example by a criminal warrant if the legal conditions are met.
The fee varies according to the complexity of the case. In some situations, a lawyer may be appointed by the court.
Were you charged and prosecuted? The stakes are really high and it doesn’t pay to go through the criminal process without consulting an attorney.
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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