Misdemeanour law: what can happen to you and how to defend yourself?

Misdemeanours are minor offences that are not criminal offences but can still have negative consequences for the offender. The main legislation in the field of misdemeanour law is the Law on Misdemeanours, which has systematised and unified the rules of misdemeanour proceedings. Previously, the offence agenda was fragmented in many separate laws, which caused inconsistent interpretation.

The Misdemeanour Act regulates:

• General rules of liability for offences.
• Conditions of administrative punishment.
• Procedural rules of misdemeanour proceedings.

The Law on Certain Offences then supplements the Offence Act and establishes specific facts of offences, in particular in the areas of public order, property offences, civil coexistence and the environment

Misdemeanour in practice: when a “small” offence does not pay

To get a better idea of what a misdemeanour can be, let’s look at some real-life examples.

Karel and his loud party. Karel was fined for disturbing the peace. At first glance it was a small thing, but the fine cost him CZK 10,000 because he already had one offence on his record.

Tereza and illegal parking. Unfortunately, she was caught on the municipal police camera and received a letter with a fine of CZK 5,000.

Petr and a Facebook argument: Petr wrote some not so flattering things about his neighbour on social media and added a few insults. The neighbour sued him for defamation, and although Petr claimed it was a “joke”, the administrative authority ruled that it was an offence against civil coexistence.

One thing these stories show is that even a small offence can have big consequences. According to the Misdemeanour Act, offences can be divided into several main groups:

1. Offences against public order: These offences include, for example, disturbing the peace at night, disobeying a public officer’s summons or spray painting.
2. Traffic offences. These include speeding, driving without a licence and drink-driving.
3. Property offences: This typically involves petty theft, damage to property or fraudulent conduct.
4. Civil offences: This category includes physical assaults, threats or verbal abuse between citizens.
5. Environmental offences: These offences include such things as illegal felling of trees, burning of garbage or water pollution.

Who can be an offender?

Well, we could say anyone, actually. Both a natural person and a legal entity can be liable for an offence. Liability of you as a natural person arises when it is proven that you acted culpably. Legal persons are then liable for offences that are related to their activities. The authorities that deal with offences include, in particular, municipal authorities, the police, the Czech Trade Inspectorate or other specialised administrative bodies.

You are responsible for your behaviour, but not only that, at more or less every step. As the ‘my dog, my responsibility’ case shows. Mr Richtr, the owner of a Labrador, let his pet loose in the park without a leash. But the dog decided to “play” with a passing child. The whole scene ended with the child falling and tearing his jacket sleeve. The parents, of course, did not like the situation and decided to file a report against Mr. Richter after the altercation. The administrative authority subsequently fined him for an offence against civil coexistence.

How are the offence proceedings proceeding?

When you find yourself in a situation where you are charged with a misdemeanor, there are several steps. An offence procedure starts either on the basis of an initiative (e.g. from the police or the victim) or on the administrative authority’s own initiative.

Stages of the offence procedure:

1. Filing a report: someone must report the offence to the competent authority in order for the authorities to start dealing with it in the first place.
2. Investigation and evidence: Subsequently, the administrative authority collects evidence, interviews witnesses and assesses the situation.
3. Decision: Based on the facts, the administrative authority issues a decision on guilt and sanction or discontinues the proceedings.
4. The accused has the right to appeal against the decision to a higher authority.

If you find yourself in a situation where you need to appeal against a conviction or want to challenge a fine imposed, do not hesitate to contact our lawyer. We will be happy to advise you on how to proceed or represent you in court proceedings.

What are the penalties for offences?

Under the Offences Act, an offender can receive different types of sanctions for his or her offence, the amount and severity of which depend on the specific offence and the circumstances of the case.

• Caution: this is the mildest form of sanction. It is usually imposed for minor offences, where a warning to the offender of the illegality of his/her actions is sufficient. It is often used, for example, for minor traffic offences or when someone breaks a regulation for the very first time.
• Fine: A fine is the most common and most widely used type of sanction, which is imposed in monetary form. It can range from a few hundred crowns to tens of thousands of crowns, depending on the seriousness of the offence. For some administrative offences, the upper limits of fines may be even higher.
• Prohibition of activity: this sanction is applied in cases where it is necessary to prevent the offender from repeating the offence. A typical example is a driving ban, which a driver may receive, for example, for repeated traffic offences or drink-driving.
• Forfeiture: Did you use an item to commit an offence and/or was it the proceeds of an offence? Then you can lose it and the item will be forfeited to the state. This sanction is often applied, for example, to illegally possessed weapons, counterfeit goods or other items whose possession would be against the law.

The administrative authorities can impose these sanctions individually or in combination. In choosing them, they always take into account the nature of the offence, its consequences and the offender himself.

When can an offence be time-barred?

The Offences Act also sets out time limits for the hearing of offences. The general limitation period for an offence is 1 year from the date of commission. In the case of more serious offences, it can then be extended to 3 years. Once an offence has not been dealt with within this period, the offender can no longer be prosecuted or his case heard. This means that the offender gets off scot-free.

If an offence has been prosecuted within the limitation period, the time limit is interrupted. A new time limit starts to run from the last act in the proceedings, but this is no more than 3 years after the offence was committed.

The limitation period is used to ensure legal certainty and to prevent the prosecution of offences after a disproportionately long period of time, when it may no longer be possible to gather evidence or when it no longer makes sense to punish the offence.

How can you defend yourself against an offence?

If you don’t think you have committed any offence but are facing charges, you have several options. For example, if you have been accused of running a red light, then you can request CCTV footage. In short, always try to gather as much evidence as possible. You can also suggest witnesses if there are people who can corroborate your version of events. Of course, you can also appeal against the decision of the administrative authority against you. Finally, you can take an administrative action to the administrative court if you are unsuccessful in your appeal.

So what can you take away from this? Don’t park in places you shouldn’t. Don’t insult neighbours or other people (even on the internet). If you get stopped by the police, don’t argue – sometimes it can do more harm than good. If you are facing a misdemeanor charge, it is a good idea to use your defense and consult with a lawyer.

Summary

The Misdemeanours Act regulates minor offences that are not criminal offences but can lead to penalties such as fines, disqualification or forfeiture. Offences are divided into different categories, including offences against public order, property, civil life or the environment. The offence procedure proceeds in stages from notification through evidence to decision and possible appeal. The accused may defend himself by gathering evidence, proposing witnesses and filing an administrative action. The statute of limitations for misdemeanours is usually one year, but it is extended to three years for more serious offences. Practical examples show that even minor offences such as disturbing the peace or illegal parking can lead to heavy fines. The key to defending yourself is knowing your legal options and consulting a lawyer if necessary.