Offences against civil coexistence: insult, ridicule, injury to health and others

What are offences against civil coexistence

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.

Types and penalties for offences against civil coexistence

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

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.

Bodily injury

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.

Violation of civil coexistence

Anyone who:

• Threatens another with bodily harm: This means that someone threatens another person with physical harm. It can only be committed by a natural person. An example would be Mrs. Horakova who argues with a neighbor over loud music and threatens him, “If you don’t turn that music off, I’ll break your mouth!”
• She falsely accuses another of a misdemeanor: This means that someone falsely accuses another person of committing an offence when that person has not actually done anything wrong. It can be committed by a natural or legal person. For example, Mrs Svobodová will report to the municipality that Mrs Novotná regularly throws rubbish outside the bins, even though this is not true.
• Committing an act of intentional misconduct against another: It means that someone deliberately and intentionally harms another person. It can be committed by an individual or a legal person. For example, Mr Little decides to throw rubbish over his neighbour’s fence to make her life miserable because he has had an argument with her about the boundary of the property.
• Committing another act of rudeness towards another: This means that someone acts very rude, impolite or offensive towards another person. It can be committed by a natural or legal person. An example of this is Mrs Novotná swearing in a tram at a young man who accidentally stepped on her foot. She uses insulting and vulgar language without giving room for an apology.

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.

Restriction or denial of the rights of national minorities

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.

Causing harm on the basis of a person’s affiliation, illness or character

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.

Example: a company refuses to hire a Roma job applicant, even though he meets all the qualification requirements, simply because of his ethnic origin.

How do I defend myself against an offence against civil coexistence?

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.

Summary

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.