“The offender shall be punished by imprisonment for two to eight years if he causes substantial damage by such an act.” Such sentences can also be found in the Criminal Code. What is “greater”, “considerable” or “not small” damage? Why are these terms found in the Criminal Code and why is there not a specific amount of damage caused for each act? This is what we will look at in today’s text.
A key element in assessing crimes, especially property crimes, is the amount of damage caused. The Criminal Code contains provisions that define in detail the different levels of damage, which is important for the qualification of the offence and the determination of the appropriate criminal rate.
Tip: Most of us probably have a general understanding of what a crime is. “Murder or theft” would be a possible answer. But did you know that theft can also be a simple misdemeanor that doesn’t even register on a criminal record? And do you know that the criminal record is also a government office? We looked at the offenses, their divisions, and statutes of limitations in our article.
Pursuant to the provisions of Sections 137 and 138 of the Criminal Code, the amount of the damage is based on the price at which the item is usually sold at the time and place of the offence. If this price cannot be determined, the price needed to purchase the same or similar item or the cost of restoring the item to its original condition shall be taken into account. These rules ensure that the amount of the damage is assessed objectively and fairly.
The question arises, what exactly is the normal price at the place? According to case law, retail prices are used for the purposes of assessing damages in criminal law. In other words, it is the price to the final consumer. Thus, if an employee steals a leather handbag in a factory with a manufacturing price of CZK 3 000 but sells it in a shop for CZK 15 000, it is a criminal offence and not an offence, as the retail price of CZK 15 000 is used.
Damages are divided into several categories:
This categorisation system allows for the gradation of criminal liability and penalties according to the seriousness of the offence. The use of these categories rather than a specific amount for each offence allows for greater flexibility and universality in criminal law. Depending on the current economic situation in society ( wage levels, inflation, etc.), universal thresholds can be set which can be used for these purposes.
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There are several reasons for introducing categories of damages instead of specific amounts for each offence:
What do different thresholds mean in practice? Different levels of harm imply an assessment of the existence or degree of social harm of an unlawful act. As such, they have a direct impact on the legal qualification of the offence and the level of punishment. There is no such thing as theft, and it is obvious that a different punishment must follow if, for example, an employee has defrauded his employer of fifteen thousand or one hundred and fifty thousand crowns. Let us look at the specific offences:
Example: imagine a case where someone steals an older used car worth CZK 120,000. This act would be treated as theft with greater damage, which would lead to a stricter qualification and thus a higher penalty. Conversely, the theft of a mobile phone worth CZK 12,000 would be classified as theft with not insignificant damage, leading to a lower penalty.
Tip: Theft is one of the most common crimes. The punishment for theft ranges from a fine of CZK 50,000 to a 10-year prison sentence. In our next article, we’ll take a closer look at these penalties and tell you when theft is a criminal offence and when it is a mere misdemeanour. Finally, we’ll also clarify the differences between theft, concealment of property, robbery and embezzlement.
The system of setting damage thresholds allows for fairer and more effective assessment of crimes, taking into account both the seriousness of the crime and its impact on victims and society.
In civil law we also sometimes need to determine the amount of damages. For example, when a neighbor in the house up the hill from us flooded our garden and basement with his damaged swimming pool, or when our neighbor’s dog ripped up a designer suit worth tens of thousands. But determining the amount of damages here serves a different purpose. The primary goal is to compensate the injured party, and for that reason, the damages must be quantified accurately, not, for example, some limit. Sometimes, however, even that approach is not important if the wrongdoer is able and willing to restore the property to its previous condition, typically by arranging for the item to be repaired at his or her expense.
In contrast, in criminal law, the amount of the damage is determined, as already mentioned, in order to establish the gravity of the offence. It may also be a direct conceptual feature of the offence.
In criminal law, we can also encounter the seemingly paradoxical situation where no damage has occurred in practice, but the perpetrator is nevertheless punished. How is this possible? Because there can only be an attempt to commit a crime. This is a situation where the perpetrator initiates an act aimed at completing the offence but, for various reasons, fails to complete it. According to the Criminal Code, an attempt is punishable if the perpetrator’s conduct is directed towards the commission of a criminal offence and is also intentional. An attempt is considered dangerous because it poses a concrete threat to society, even if the crime has not been completed. In some cases, therefore, the harm has not occurred because the crime has not been completed. However, even here, the hypothetical harm must be established in order for a just punishment to follow.
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