State symbols are not decorations. When is a flag a fine and when is it a prison sentence?

JUDr. Ondřej Preuss, Ph.D.
29. July 2025
9 minutes of reading
9 minutes of reading
Other legal issues

National symbols are not just decorations for school corridors or national holidays. The law protects them from abuse, ridicule and marketing opportunism. What exactly can you do, what you definitely can’t do, and how can you avoid a fine of up to CZK 30,000 or even criminal prosecution?

What are state symbols and why do we protect them?

The state symbols of the Czech Republic are the large and small state emblem, the state colours, the state flag, the flag of the President of the Republic, the state seal and the national anthem. They are defined by the Law on State Symbols.

Each element has strict graphic parameters: the ratio of the flag’s sides is 2 : 3, the colours have precise Pantone values and the heraldic description of the lion or eagles is fixed in the annexes of the law.

The legal protection fulfils two functions: firstly, it guarantees that the national symbols will always be presented with dignity and without commercial abuse. Secondly, it protects the prestige of the state in international relations – a gross misuse of the emblem can also be reflected in diplomatic reactions.

It is therefore not a mere formality. Violations often occur unintentionally, for example when a company replaces the official flag colours with a “corporate palette” or when the Czech flag touches the ground at a sporting event. However, an offence can also be committed if promotional items with the national emblem are purchased without the necessary permission.

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Who can use the symbols and under what conditions?

The use of the state symbols is reserved for persons entitled under the Act on the Use of State Symbols, i.e. the Parliament, the President of the Republic, the Government, ministries, regions, municipalities, courts, the prosecutor’s office, the Constitutional Court, the armed forces, schools, public institutions, the Czech National Bank or athletes representing the Czech Republic.

All these persons must use the symbols in an appropriate and dignified manner. This includes not only the correct dimensions and colours, but also the context: a flag in a town hall is fine, the same flag in a beer advertisement may no longer be acceptable. Other entities, such as private companies, can only use the large national emblem with written permission from the Ministry of the Interior.

The small national emblem is also protected, but stylized versions of it, unless they are interchangeable, generally do not require permission.

The dignified use of the symbol is also assessed in terms of its physical condition: a tattered flag or an emblem printed out of proportion may lead to an offence. So if you work with state symbols anywhere, we recommend setting up internal graphic templates, archiving the original files, and designating a person responsible for checking that the flag is displayed correctly on significant state days.

Administrative offences: when a fine of up to CZK 30,000 is possible

The most common sanction for improper handling of state symbols is an offence under the Act on the Use of State Symbols. The fine can be up to CZK 30,000 for misuse, damage or gross disrespect of the symbol, while the mere improper display of the flag is punishable by a maximum of CZK 10,000.

A typical mistake is a damaged or faded flag on a company building or a change in the proportions of the emblem in advertising graphics. Beware of merch – a T-shirt with a large national emblem sold for profit without a permit is an offence, as is painting a company car with the national flag.

The Act on Certain Offences also comes into play, which punishes damaging or defacing another state-protected symbol (e.g. a foreign flag) with a fine of up to CZK 3,000.

Administrative authorities usually examine the motive and scope of the act: an educational presentation at school is more likely to be dealt with as a remedy, while a commercial campaign falls under the full penalty. If you have been fined, you can appeal within 15 days; it will help in the appeal if you document that it was a mistake without the intention to devalue the symbol and that you have taken corrective measures.

Offences in a state of war or crisis

More serious consequences arise if the misuse of symbols occurs during a time of armed conflict. The Criminal Code punishes the misuse of internationally recognised symbols, including the flag of a neutral state or the UN emblem, with a prison sentence of between two and eight years, or up to twenty years if great damage or death occurs. It also addresses the misuse of a foreign national flag or a flag of truce: ordinary misuse carries a penalty of one to five years, while the white flag of truce carries a penalty of two to eight years.

Although these are extreme situations, the digital age expands the risk; for example, a deep-fake video showing Czech soldiers under a false flag could fulfill the act of aiding the enemy. A company or media outlet should therefore have a crisis protocol that prohibits the manipulation of national or international symbols without a documented source and control. In the event of a suspected crime, it is advisable to preserve all digital traces and seek legal advice immediately, as proving intent is often key.

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Tip: Many companies and individuals use a European trademark to protect their name, logo or other specific sign that is unique and associated with their business. What are the conditions for using it?

Conditions for the use of the symbols of the European Union

The blue circle of twelve stars – the national symbols of the EU – attracts marketers with their visual power, but there are clear rules for use. According to the EU’s official “Legal Notice”, anyone can use the emblem as long as it (a) does not create the impression of an institutional link with the EU and (b) does not conflict with the objectives of the Union.

Moreover, the Union prohibits the registration of the emblem or heraldic imitations of it as a trademark. In practice, this means that the star circle must not dominate the logo of the product, so as not to give the consumer the impression of ‘official’ approval. For EU-funded projects, on the other hand, the use is mandatory: the specific manual of each programme specifies the minimum size, the Pantone Reflex Blue-Yellow colour code and the accompanying text on co-financing. Violations can lead to a financial correction of the grant or to the refusal of the trademark registration.

When combining the Czech flag and EU symbols on one visual, follow the graphic hierarchy principles: national flag on the left, EU emblem on the right, both of the same height and without distracting elements. We recommend keeping the source files and approval emails from the European Commission to prove the correct application of the rules in case of a dispute.

Short overview of the rules for symbols

Large national emblem: Requires permission from the Ministry of the Interior. The application includes a description of the purpose, a graphic preview, and a public interest argument. A decision usually comes within 60 days.

National Flag: Anyone can fly it as long as they comply with Sections 7-9 of the National Symbols Act – the flag must be clean, not touch the ground, and be illuminated at night. Violations are punishable by a fine of up to CZK 10,000.

The anthem: It is freely usable only in the original first verse, without textual modifications.

Graphic standards: the Ministry of the Interior publishes a manual with precise colours (Pantone 186 C, Reflex Blue, White) and protective zones around the emblem.

The seal with the national emblem is used exclusively by the President of the Republic; unauthorised production of the seal would be qualified as forgery of the official seal.

When displaying multiple flags in combination, follow the protocol: the Czech flag from the heraldic right side (from the view of the person facing on the left) and the same size of all flags.

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Tip: Read how our constitution is protected and how it can be changed.

How to avoid problems?

Effective prevention rests on three pillars. Firstly, internal guidelines: define who can commission the production of materials with state symbols, the approval process and where the official graphic files are stored.

Second, focus on employee training: a short video explaining the difference between the national flag and graphics in the national colours will reduce the risk of marketing accidentally reaching for a protected emblem.

Third, you can audit your marketing and events: before launching a campaign or holding an event, check that the flag is not faded, the emblem is not deformed, and that the lyrics of the anthem do not contain unauthorized modifications. Municipalities have found it useful to appoint a “symbol custodian” to oversee the display of flags on public holidays. In addition, international companies should identify countries with different national rules (e.g. in the USA flag burning is protected by freedom of speech, in the Czech Republic it is often an offence).

Summary

The state symbols of the Czech Republic – flag, coat of arms, anthem, etc. – are not free-standing graphic design elements or expressions of patriotism without rules. The Law on State Symbols determines not only who may use them, but also how and when. Violation of the rules can lead to a misdemeanour with a fine of up to CZK 30,000, and in crisis situations to criminal prosecution. The use of EU symbols has its own rules, which are also legally enforceable. Prevention consists of proper training, internal rules and strict control of graphic materials. It is not about bureaucracy, but about respect for the symbols of the state.

Frequently Asked Questions

What are the state symbols of the Czech Republic and who defines them?

The state symbols – the flag, anthem, emblems, colours, seal and presidential standard – are defined by the Law on State Symbols.

Who is allowed to use the national emblem or flag?

Use is restricted to authorised persons (e.g. government bodies, schools, representatives). Other entities must have permission from the Ministry of the Interior.

When can I be fined for misuse of the state symbol?

For example, when a damaged flag is used, when the emblem is commercially misused, or when it is incorrectly displayed. Penalties can reach up to CZK 30,000.

Can a private company use the state emblem in advertising?

Not unless it has explicit permission from the Home Office. Without it, it’s an offence.

What rules apply to EU symbols?

They must be used in such a way as not to give the impression of a link with the EU institutions. They must not be misused in marketing or registered as trademarks.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

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.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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