If you decide to insult or ridicule someone, you can pay a heavy price, not only in fines but also in the form of an obligation to pay damages or compensation for libel. The same applies if you decide to make fun of your neighbour or wrongly accuse someone of an offence. In what situations do you commit an offence against civil coexistence and what are the penalties? Find out in this article.
The municipal authority deals with the offence against civil coexistence.
Typically, the offences are insults, threats, minor bodily harm, or intentional acts.
The penalty is usually a fine of tens of thousands of crowns.
If the conduct is more serious (e.g. serious injury or slander), it may already be a criminal offence.
The victim may also claim protection of personality and compensation for non-pecuniary damage.
If you are dealing with a dispute with a neighbour, insults or other conflicts, we can help you draft a submission or represent you in administrative proceedings. Write to us about your problem and we will propose a tailored solution.
It would seem that these offences would be related to citizenship, but this is not the case. Offences against civil coexistence penalise the actions of individuals or companies 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.
In practice, we often see people filing notices because of insults or neighbour disputes. However, the administrative authorities usually only deal with conduct that actually has the intensity of an offence. Ordinary neighbourly quarrels or one-off conflicts often do not constitute an offence.
For example, our law firm was contacted by a client who had been dealing with conflicts with a neighbour for a long time. He repeatedly insulted her in the hallway of her home and spread false information about her in front of other residents. The client was concerned that the situation would escalate into an open dispute between the neighbours.
After studying the circumstances, it was clear that the conduct could meet the elements of a misdemeanour against civil coexistence. We helped the client prepare a notice of offence and advised her on what evidence to include with the complaint, such as witness statements from other residents of the house.
The administrative authority subsequently initiated proceedings and assessed the case as a misdemeanor battery. The neighbour was fined and the dispute was settled.
Below is an example of other offences against civil coexistence.
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:
A person may commit an offence of defamation 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.
In such cases, the victim may claim compensation for defamation not only in the context of misdemeanour proceedings but also through civil law if he or she has suffered non-pecuniary damage.
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 attack itself is also taken into account.
Offences against civil coexistence are punishable by a fine, the amount of which varies according to the specific facts. For some offences, it can amount to tens of thousands of crowns, and it can be higher for repeated offences. 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 punch, 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.
You may be entitled to compensation for libel or other damages. We can help you determine whether your case is an offence or other interference with your rights and make sure you get fair compensation.
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.
Public insult can also have legal consequences, including a fine. Public insult may have legal consequences, including a fine.
If you feel that you have been the victim of an insult, you can claim compensation for defamation and protection of your personal reputation. Don’t hesitate to contact us – we can help you with legal action and drafting a petition to initiate offence proceedings.
Unjustified defamation can lead to damage to your reputation and honour. Gross insult or ridicule in public is then qualified as a civil 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 repeated 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.
You can find out more about the rights of national minorities in our territory in our article.
A natural or legal person may commit an offence by causing harm to another because of his or her membership of a national minority or ethnic origin, race, colour, sex, sexual orientation, language, belief 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 seen 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.
Example: a company refuses to hire a Roma job applicant, even though he meets all the qualification requirements, simply because of his ethnic origin.
Tip: When and how can harm occur? Find out in the next article.
People often handleadministrative proceedings without the help of a lawyer. But sometimes they get stuck 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.
Are you dealing with a conflict that may be a civil infraction? For example, we can help you file a notice, represent you in an administrative proceeding, or help you protect your reputation. You will usually get an answer in our legal advice centre within 24 hours.
Civil disorder offences include various forms of inappropriate, offensive or harmful behaviour that disrupts harmonious and decent coexistence in society. Examples of these offences include 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. If you are the victim of abusive behaviour, slander or ridicule, you can claim compensation for libel in addition to the offence. Proper legal reasoning can help you obtain just compensation and restore your dignity.
Offences against civil coexistence are dealt with by the municipal authority of the municipality with extended competence. You can file a report with the police or directly with the authority, which will then initiate administrative proceedings and decide on any fine or other measure.
Notification can be made in writing, in person at the office or through the police. It is advisable to describe what happened, when and where the incident took place and, where appropriate, to provide witnesses or attach evidence such as photographs or communications.
The administrative authority must deal with the offence within one year of its commission. If the proceedings are not finally terminated within this period, liability for the offence is extinguished.
Yes. In less serious cases, the authority or police may settle the matter by reprimand or agreement, especially if it is a first incident and there has been no significant harm.
The offences themselves are usually dealt with by the administrative authorities. The case only goes to court if the party defends itself against the authority’s decision with an administrative action or if the conduct fulfils the elements of a criminal offence.
Yes. You can appeal against the decision of the administrative authority, usually within 15 days of its delivery. The appeal is then decided by the superior administrative authority.
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