Legislation

Criminal law in the Czech Republic is based on a set of legal regulations that define the conditions of criminal liability, establish procedural rules for criminal proceedings, and govern the enforcement of penalties. These regulations are essential not only for law enforcement authorities but also for anyone who encounters criminal law—whether as a defendant, an aggrieved person, or a witness.

To help you navigate this complex legal framework, we have prepared an overview of the fundamental legal norms applicable in Czech criminal law. In each section, you will find a clear explanation of key provisions and their practical application. Click on the relevant categories to learn more.

Hierarchy of legal regulations in criminal law

The legal system of the Czech Republic follows a hierarchical structure, meaning that some legal norms have greater authority than others. Every legal provision must comply with higher-ranking norms. If, for example, a ministerial decree contradicts a law, it has no legal effect. Similarly, a law that violates constitutional principles may be annulled by the Constitutional Court.

In the field of criminal law, the hierarchy of legal regulations follows this structure:

1) Constitutional order – The fundamental legal framework

At the top of the hierarchy is the constitutional order, which consists of the highest legal norms in the Czech Republic. These norms take precedence over ordinary laws and establish the fundamental principles of the legal system. The most significant documents include:

• The Constitution of the Czech Republic – defines the organization of the state, the separation of powers, and the fundamental principles of the legal order.
• The Charter of Fundamental Rights and Freedoms – guarantees basic rights, including the right to a fair trial, protection against torture, and the right to legal defense.

Every lower-ranking legal regulation must comply with these constitutional documents.

2) International treaties and European Union Law

As a member of the European Union and various international organizations, the Czech Republic is also bound by supranational legal regulations. International treaties ratified by the Czech Parliament and incorporated into national law take precedence over ordinary laws. The most important of these include:

• The European Convention on Human Rights – sets out fair trial standards, the rights of the accused, and protections against unlawful criminal prosecution.
• International treaties on extradition and judicial cooperation – regulate cross-border legal assistance and extradition procedures.
• European Union Law – includes directives and regulations that influence national criminal law, particularly in areas like money laundering, cybercrime, and human trafficking.

3) Laws – Primary legal norms

At the next level of the legal hierarchy are laws enacted by the Czech Parliament, which regulate specific areas of the legal system. In criminal law, the key statutes include:

• The Criminal Code – defines criminal offenses and prescribes penalties.
• The Code of Criminal Procedure – establishes procedural rules for criminal proceedings.
• The Act on the Execution of Sentences – governs conditions in prisons and the rights of convicted persons.
• The Act on Criminal Liability of Legal Entities – sets out the rules for corporate criminal liability and sanctions.

These laws form the core of Czech criminal law and are directly applied in criminal proceedings.

4) Decrees and Government Regulations – Implementing Provisions

At the lowest level of the hierarchy are ministerial decrees and government regulations, which detail the application of laws. These provisions cannot establish new rights and obligations beyond the scope of the law but serve to clarify procedural aspects. An example is:

• Decree No. 312/1995 Sb. – determines fixed amounts for the costs of criminal proceedings that may be charged to convicted persons.

Ignorance of the law is no excuse, but knowledge of it can be your defense.

A well-planned defense starts with understanding the rules. 

Legal knowledge and its practical application are key to success. A strong defense does not begin at trial but with the very first steps in criminal proceedings. Knowing when and how to act is essential. The sooner you seek guidance from someone who understands the law, the greater your chances of achieving a favorable outcome.