The legal pitfalls of Easter

JUDr. Ondřej Preuss, Ph.D.
18. April 2019
3 minutes of reading
3 minutes of reading
Other legal issues

Spring is slowly approaching Easter, with which, in addition to folk customs, we also associate some mischief for which there are legal penalties.

Everyone probably thinks of a higher level of alcohol consumption, but nowadays the “discriminatory” social norm where men are allowed to whip their own rods (or nowadays even bought ones) or bathe them in ice water may also come to mind. So can we not rule out criminal prosecution for observing Czech tradition?

Clear liquid as a reward for every pomlazka

Apart from painted eggs, a handful of trick-or-treaters also expect to receive something sharper. Spilling shots of various spirits on trick-or-treaters is one of the most popular traditions. As long as the trick-or-treaters are not driving or intoxicated and don’t feel like destroying property or committing other disturbances, all should be well. However, be careful if you are transported to the trick-or-treating site by car or bicycle (even riding a horse or other animal is not appropriate when drinking alcohol). If you have less than one per mille of alcohol, you are guilty of an offence for which you can be fined between CZK 20,000 and CZK 50,000, have your driving licence revoked for up to two years and have seven penalty points added to your licence.

If it is even more than one per mille, you can be punished with a prison sentence. Of course, the penalties would then be much higher if you caused some sort of traffic accident. So trick-or-treating, but don’t get behind the wheel.

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Spanking the way to health

These spring holidays are, of course, also thinking of women. Men have to spank them with a pom-pom or pour ice water on them to keep them from drying out. And women still have to reward them for it. However, it may happen that a man may take this task very responsibly and the poor women will be left with unsightly bruises on their legs, to say the least. But beware, if after such a spanking a woman remains incapacitated for more than a week, this is already an offence and the trick-or-treater can be fined up to CZK 20,000. Similarly, beware of pouring ice water on yourself, even such an ice bath can result in bodily harm.

Don’t want to open?

Also beware if, as a conscientious trick-or-treater, they don’t want to open. If you should think of getting in despite their resistance, you may be committing a criminal trespass by entering someone else’s home. And you can face up to two years imprisonment for such a prank, and if you use threats or commit the offence with at least two other people, you can extend your stay a little longer.

Likewise if one holds a woman against her will. This behaviour could also be construed as a crime of deprivation of liberty, for which the penalty is much more severe.

And what about the discrimination? As long as the elementary standard is met, there is no discrimination. Moreover, in some parts of the country, folk customs are more balanced, or women can pour ice water on men.

In any case, enjoy the Easter holidays, but do not forget the rule that everything in moderation.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

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.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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