What happens when you ignore a court order? Can you face jail for continuing to drive despite a ban? And what if you deliberately conceal assets from the bailiff? Obstructing an official decision is a serious offence, in some cases even a criminal offence. It carries not only fines and bans, but also imprisonment. What situations are considered to be obstruction of justice and what penalties can await you? Find out when you are already crossing the line.
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When someone commits obstruction of an official decision, a legal obligation given by a court or other authority is violated. For example, obstruction occurs when a debtor deliberately conceals some of his or her assets in order to avoid enforcement. Similarly, it occurs when a person fails to respond to a court order for maintenance – that is, fails to pay maintenance and evades it.
What does this look like in practice?
Mr Marek, a debtor who had a writ of execution on his property in relation to unpaid debts, deliberately sold all his assets and transferred the money to his mother’s account. Even though the court ordered the execution of the judgment, Mr Marek attempted to prevent the execution from taking place. The bailiff subsequently filed a criminal complaint against him for obstruction of execution, which led to the prosecution of Mr Marek for this offence.
Legally, obstructing the execution of an official decision is punishable and may be considered a criminal offence of obstruction of execution, which carries fines, imprisonment or other penalties. This offence is regulated by the Criminal Code, and persons who commit it can be punished with various forms of penalties.
In practice, it also happens that a person has received a suspended sentence but commits obstruction of an official decision while on probation. This is a serious breach of probation and such an act can lead to several legal consequences. If a person commits obstruction while on probation, the court may decide to revoke the probation. This means that it will order him or her to carry out the sentence imposed – so the person may go to prison to serve the sentence.
Under the Criminal Code, obstructing an official decision can be considered a criminal offence for which the person faces a new penalty – for example, a fine, a suspended sentence or even a prison sentence. It all depends on the circumstances of the case.
Sometimes the offender may also receive a suspended sentence for obstructing an official decision. If he behaves according to the law and the conditions set by the court, he will avoid further prosecution.
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What does it look like in practice?
Eva K., who was convicted of obstructing the execution of an official decision, was given a suspended sentence. The court ordered her to pay a certain amount of maintenance owed to her ex-husband, but Eva decided not to comply with the court’s decision and continued to pay only incomplete amounts. Instead of complying fully with the court’s order, she filed an appeal and slowed down the entire process. After several months, the court found that Eva was still not complying with the judgment and ordered the probation revoked. As a result, Eva was sentenced to a prison term for obstructing probation.
This mechanism is sometimes used by the courts to allow individuals who have committed obstruction to reform and comply with the law without immediately imposing jail time.
One of the cases in which obstruction of justice is often committed is prohibition of proceedings. A driving ban can be ordered by the court in relation to breaches of the Highway Code or other legislation governing the driving of motor vehicles.
Tomáš H. was convicted of repeated drink-driving and the court imposed a ban on driving for two years. Despite this prohibition, Tomáš decided to continue driving, which led to his further arrest by the police and subsequent conviction for obstruction of an official decision. If Tomáš H. continues to drive despite the ban imposed by the court, he may face further legal sanctions, including imprisonment.
An interim measure is a procedural institution that allows the court to order certain measures before a final decision is issued. An interim measure can thus protect the rights of certain parties to the proceedings.
If someone intentionally obstructs the execution of this interim measure, he or she may be charged with the offence of obstructing the execution of an official decision. This may include, for example, failure to comply with the obligations laid down in the interim measure or active behaviour aimed at preventing the decision from being implemented. Such behaviour is punishable by the court and, if convicted, the person may receive a prison sentence.
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The penalties for obstructing an official decision vary, depending on the circumstances and the seriousness of the case. In any case, the Criminal Code provides that anyone who commits obstruction of an official decision may face a fine, imprisonment for up to several years or a ban on activities, including driving or practising a certain profession.
In addition to criminal consequences, obstruction of an official decision also has civil consequences. A person who obstructs an official decision may be ordered by the court to compensate for the damage caused by his or her actions. At the same time, there is a loss of credibility not only with public authorities. Other legal consequences include, for example, enforcement proceedings or corrective measures.
The reasons why someone decides to obstruct an official decision vary. Some people simply disagree with the decision and deliberately disrespect it. In addition, interim measures can have significant economic consequences, which is why parties try to avoid such decisions. Of course, there are also sometimes misunderstandings or a lack of communication between the parties and the court, which can lead to unintentional obstruction of enforcement.
Obstruction of an official decision means intentionally hindering or impeding the execution of a decision of a court or other authority. According to Section 337 of the Criminal Code, it may be a misdemeanour, but it is also a criminal offence punishable by up to two years’ imprisonment, a fine or a ban on activity. The most common cases are disregarding a restraining order, failure to comply with a court order on maintenance, circumventing an execution or ignoring a provisional order. If someone obstructs a probation order, the court may revoke the probation and impose an unconditional sentence. The consequences vary in severity, but in addition to criminal penalties, obstruction can lead to other legal and financial consequences.
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