If you choose to insult or ridicule someone, you may pay a heavy price. The same goes if you decide to make fun of your neighbour or falsely accuse someone of an offence. In what situations do you commit a civil offence and what are the penalties? Find out in this article.
It would seem that these offences would be related to citizenship, but this is not the case. Offences against civil coexistence sanction the actions of natural or legal persons that disrupt harmonious and decent coexistence in society. These offences thus include various forms of inappropriate, offensive or harmful behaviour towards other people. What specifically constitutes an offence against civil coexistence is regulated by the Act on Certain Offences.
Tip: Learn what an offence is and when it is committed.
There are several types of civil cohabitation offences. They differ in their nature but also in the severity of the penalties. Let’s take a closer look at them:
Defamation can be committed by a natural or legal person by ridiculing or otherwise grossly insulting someone. It is therefore an act by which someone damages the reputation or dignity of another person. Defamation can have serious consequences for the person concerned, including damage to his or her personal and professional life.
The offence is punishable by a fine of up to CZK 10 000. If it is a repeated offence, the fine can be up to CZK 15 000. Restrictive measures may also be imposed. If the offence is committed between close persons, proceedings can only be initiated with the consent of the person directly affected by the offence. In the course of the hearing of the offence, the administrative authority shall attempt to reconcile the accused and the person whose honour has been injured. If reconciliation is achieved, the administrative authority shall discontinue the proceedings by means of an order against which no appeal may be lodged.
Example: Jana and Peter used to be friends but had a falling out over personal matters. Peter is angry and decides to take public revenge on Jana. He creates photo montages that make fun of Jana and shares these pictures on social media.
Tip: See the next article to learn how to defend yourself against an honor violation.
The offence of bodily harm will be committed in the case of less serious injuries of a short-term nature (the threshold of 7 days is usually applied) which do not impede normal functioning or performance of work. In the case of more serious injuries, it may then be an offence of battery or grievous bodily harm.
The decision is mainly based on the nature and severity of the injury, with the length of temporary disability playing a major role. However, the form of the assault itself is also taken into account.
A fine of up to CZK 20,000 can be imposed for the offence or CZK 30,000 if it is a repeat offence. Restrictive measures may also be imposed. If the offence is committed between close persons, proceedings can only be initiated with the consent of the person directly affected by the offence.
Example: Mr Novák got into a verbal altercation with Mr Dvořák in a local bar. During the argument, Mr Novák punched Mr Dvořák in the face. As a result of the blow, Mr. Dvořák suffered a broken nose and a small laceration on his lip. The injuries were assessed as less serious as they were injuries that would heal within 7 days and Mr Dvořák was not restricted in his daily activities or work.
Have you been charged with a misdemeanor?
Don’t tackle it alone, but take the help of an Accessible Advocate. We can help you with the right arguments as well as obtaining evidence. We will work to ensure that your actions are not considered a misdemeanor at all or secure a reduction in the penalty.
Anyone who:
A fine of up to CZK 20 000 can be imposed for the offence , or CZK 30 000 if it is a repeat offence. Restrictive measures may also be imposed. If the offence is committed between close persons, proceedings can only be initiated with the consent of the person directly affected by the offence.
Tip: How does corporate criminal liability work? Find out in our article.
This offence can be committed by a natural or legal person. Its essence consists in the fact that the offender restricts or prevents members of a national minority from exercising their rights.
National minorities have special rights regulated by the Law on the Rights of Members of National Minorities. These include, for example, the right to association, the right to use the language of the national minority in official dealings and before the courts, and the right to education in the language of the national minority.
A fine of up to CZK 20,000 can be imposed for an offence or CZK 30,000 if it is a repeat offence. Restrictive measures may also be imposed.
Example. However, the manager of the centre refused to rent the premises on the grounds that the event could cause problems, even though there had been no previous problems with the association.
A natural or legal person may commit an offence by causing harm to another person because of his or her membership of a national minority or ethnic origin, race, colour, sex, sexual orientation, language, creed or religion, age, disability, political or other opinion, membership of or activity in political parties or political movements, trade unions or other associations, social origin, property, birth, health or marital status.
Harm can be understood as a negative impact on a person. It may be a pecuniary injury or damage or a non-pecuniary injury, which includes injury to personal rights or personality as such.
Tip: When and how can harm occur? Find out in the next article.
Example: a company refuses to hire a Roma job applicant, even though he meets all the qualification requirements, simply because of his ethnic origin.
People often handleadministrative proceedings without the help of a lawyer. Sometimes, however, they get into difficulties and turn to us for help. You can read everything you need in our article on the topic: How to defend yourself against a decision in administrative proceedings.
We have compiled a list of common or typical questions concerning decisions in administrative proceedings and the possibility of defending against them. We also include examples from our legal practice where our advice helped to save the situation.
Civil cohabitation offences include various forms of inappropriate, offensive or harmful behaviour that disrupts harmonious and decent coexistence in society. These offences include, for example, defamation, battery, threatening bodily harm, false accusation of wrongdoing, endorsement and abusive behaviour. Restricting or impeding the rights of national minorities and causing harm on the basis of personal characteristics such as national origin, race, gender or health are two other types of offences. They are punishable by fines of up to CZK 30 000 and restrictive measures for natural persons.
Have you received a penalty or summons? The penalties can be high and it is not worth going through the process without consulting an attorney. Careful reasoning also pays off if you want to draw attention to someone else’s offence.
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.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
