Most of us probably have a general understanding of what a crime is. “Murder or theft” would be a possible answer. But did you know that theft can also be a simple misdemeanor that doesn’t even register on a criminal record? We have looked at the offences, how they are divided and the statute of limitations in our article.
Do you suspect that the other party’s conduct already fulfils the elements of a criminal offence, or do you need a defence against a criminal charge? Our legal advice service will evaluate your situation, suggest further steps and prepare the necessary documents.
A criminal offence can only be an act that is defined as criminal by law. It cannot be so defined by the police, a judge or anyone else. The Criminal Law then enumerates the various offences and sets out the specific features they must meet.
We distinguish the term criminal offence from the term otherwise punishable offence. We understand it as an act which is unpunishable in a given case, although it would otherwise be punishable. An otherwise criminal act may be committed, for example, by an insane person or by a juvenile who lacks the requisite mental maturity.
Offences should also be distinguished from criminal offences, which may in some cases be of a similar nature but are less dangerous to society. The difference between a misdemeanour and a criminal offence may be determined by a very specific threshold – for example, in the case of theft, the value of the goods stolen is less than CZK 10 000.
It is therefore important to correctly assess whether it is already a criminal offence or just a misdemeanour. In our legal advice we will assess your situation, evaluate the evidence, prepare a proposal for further action and help you, for example, with a criminal complaint or defence against it
Juveniles between the ages of 15 and 18 can be held criminally responsible, but with less severe punishment under the Youth Justice Act. Learn how juvenile and child criminal responsibility works.
The law divides offences into misdemeanours and felonies. They are distinguished according to the form of fault(negligence or intent) and the length of the prison sentence (up to five years or more). Misdemeanours are regarded as less serious offences. The category of particularly serious crime refers to offences with a maximum penalty of at least ten years’ imprisonment.
A further classification of offences can be made according to the developmental stages of the offence. We distinguish between offences in the stage of preparation, attempted or completed.
Describe your situation to us and one of our attorneys will deal with it immediately. We will send you an analysis of your problem and a proposed solution within 48 hours.
The Criminal Code itself also divides criminal offences according to the importance of the interest being protected. We thus distinguish:
Find out what punishment you face if you commit a criminal offence of battery.
From the point of view of time, we distinguish crimes:
You can read more about continuing, persistent and mass offences in our next article.
One of the formal elements of a criminal offence is the facts of the offence. It is actually a set of certain features that specify the different types of crimes and distinguish them from each other. We are talking about the object of the offence (it is a certain interest that the law protects – see the above-mentioned division of offences according to the object), the objective aspect (it is primarily the act and the consequence and the connection between them), the perpetrator of the offence (in general, it can be anyone criminally responsible, unless the law provides for a special characteristic of the perpetrator – e.g. an official person) and the subjective aspect (the relationship of the perpetrator to his/her act, its characteristic is culpability).
If the act does not have all these features, it is not a criminal offence. Occasionally, some offences may have other necessary elements, such as a specific place (in public) or time of the act (e.g. during a state of emergency).
However, a person’s actions may sometimes appear to meet the elements of a particular offence (e.g. battery), but there are circumstances which will preclude its unlawfulness. Such a circumstance in this case could be necessary defence and extreme emergency.
Mrs Janková contacted us after her ex-partner repeatedly texted her dozens of times a day for several weeks, waited outside her home and work, and repeatedly threatened to ruin her life if she did not continue to see him. At first, the client was unsure whether this was already a criminal offence or just annoying but legally unpunishable behaviour.
We first went over the timeline of the entire situation with her, sorted through the messages, emails, and call logs, and advised her on how to preserve additional evidence on an ongoing basis. We then assessed that the conduct may meet the elements of dangerous stalking and prepared a case for further action against the police.
Similar cases show that it is the correct legal assessment and good substantiation of the act that often determines whether a case is judged to be just a personal conflict or a suspected crime.
We have discussedthe principles and rules of criminal procedure in a separate article.
In some cases, the conduct meets all of the elements that the law requires for the offense and yet the offense is not or cannot be punished in any way. This happens if too much time has passed since the crime was committed. The law speaks of a statute of limitations for a crime, which applies to all crimes except those specifically enumerated by law.
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The main reason why the statute of limitations is approached is that it is appropriate in terms of the effect of the sentence to impose it as soon as possible after the commission of the offence. This is compounded ii by the difficulty of proving the case in the case of long-standing events. However, it is necessary to distinguish how serious the offence was. Certainly one cannot ‘pardon’ shoplifting and grievous bodily harm at the same time.
Different offences therefore have different limitation periods. And different statutes of limitations can be found even within the same offense. In general, offences with a maximum sentence of at least ten years’ imprisonment are statute-barred in fifteen years. However, the law expressly provides for a longer limitation period for certain particularly serious offences. A typical example is murder, for which the statute of limitations is thirty years.
The limitation period may be interrupted, for example, if the perpetrator commits another crime.
Do you suspect a crime has been committed and would you like to file a criminal complaint? Use the services of an Accessible Advocate to ensure that your criminal complaint is not dropped and that someone will deal with it.
In addition to the specific court file, individual sentences are also entered in the criminal record. The criminal record is a public administration information system and its administrator is the Ministry of Justice. It shows when a person was convicted, by which court and under which file number. It also shows for which offences the person was tried and what sentence was imposed or when it was carried out. However, the criminal record is not public, and only legally defined entities (typically courts and police) and the person to whom the record relates may request an extract from it.
The system of courts of the Czech Republic may seem relatively clear and straightforward, but we still encounter a number of questions about it. Do you want to find a district court in Prague? Wondering which court is civil and which is criminal? Do you know how the Supreme Court and the Constitutional Court differ? Find out in our article on: Which court to turn to.
If there is already a punishment and a criminal record, probably few people brag about it and try to cover it up. However, there are situations where someone can legitimately ask you for a criminal record. For example, an employer to do a certain type of work.
Again, we have to look at the seriousness of the offence to determine the period of time after which the record can be removed.
You can then apply for a ‘commutation of sentence’. The application must be made to the court with jurisdiction over your place of residence. The court will check whether the person whose criminal record has been expunged is not in trouble with the law and is living a proper and orderly life. The court may refuse to expunge the record if the person is not leading a proper life.
You can read how to get your criminal record expunged in our next article.
According to the Criminal Code, a criminal offence is only such an unlawful act which the law expressly designates as criminal and which fulfils all the statutory elements of the offence. In practice, it is crucial to distinguish between a criminal offence and a misdemeanour, to correctly assess the culpability, the gravity of the act and whether there is a circumstance precluding unlawfulness. Criminal offences are mainly divided into misdemeanours and felonies, possibly also according to the interest protected or the time involved. The statute of limitations on criminal liability and the effects of a final conviction on the criminal record also play an important role. If you are unsure whether a particular situation already falls under criminal law, it is worth having the matter assessed as soon as possible, as it is often the first steps that will determine the future outcome of the case.
No. Some offences are only misdemeanours or give rise to civil liability.
The offence is a less serious offence. A felony is more serious and is usually a deliberate act with a higher penalty rate.
It mainly depends on the amount of damage and the specific circumstances of the case, including any repetition or the manner of execution.
No. The law does not allow for statutes of limitations for some crimes, while others have varying lengths of limitation periods.
Yes. But a lawyer will help you to describe the deed correctly, attach evidence and choose the appropriate course of action.
Final convictions are entered in the criminal record, but if the legal conditions are met, it is possible to apply for expungement at a later date.
It depends on the type and severity of the sentence imposed and whether the convicted person leads a proper life.
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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.
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