Criminal Code

What is it and why is it important? 

The Criminal Code (Act No. 40/2009 Coll.) is the fundamental piece of substantive criminal law in the Czech Republic. It defines what constitutes a criminal offence, what penalties can be imposed, and the conditions under which criminal liability arises.

This law does not only set out the elements of criminal offences but also establishes general sentencing principles, the conditions of criminal liability, and the possibility of waiving punishment. Understanding how the Criminal Code works in practice is essential for anyone involved in criminal law—whether as an accused person, an aggrieved person, or a witness.

Structure of the Criminal Code 

The Criminal Code (Act No. 40/2009 Coll.) is systematically divided into three parts, forming a comprehensive framework for criminal liability and sentencing. This structure ensures logical continuity and makes the law easier to navigate.

1) General Part (§ 1–139)

The General Part sets out fundamental principles of criminal law, rules on criminal liability, and conditions for imposing sentences. Key provisions include:

• Principles of criminal liability – such as the principle of legality, the principle of subsidiarity of criminal repression, and the presumption of innocence.
• Types of penalties and protective measures – specifying possible sanctions, including imprisonment, financial penalties, disqualification, and protective treatment.
• Statutes of limitations on criminal liability and enforcement of sentences – defining the time limits after which prosecution or enforcement of a sentence is no longer possible.

2) Special Part (§ 140–421)

The Special Part contains the individual elements of criminal offences, categorized into 13 chapters according to the protected legal interest. Key categories include:

• Criminal offences against life and health (e.g. murder, grievous bodily harm, torture).
• Criminal offences against freedom and human rights (e.g. human trafficking, extortion).
• Criminal offences against property (e.g. theft, fraud, embezzlement).
• Economic criminal offences (e.g. tax evasion, money laundering).
• Criminal offences against public order (e.g. bribery, abuse of power by a public official).

This categorization enables a clear determination of whether a specific act constitutes a criminal offence and what penalties may be imposed.

3) Transitional and Final Provisions (§ 422–421)

This part regulates the transition from previous legislation to the new Criminal Code and its relationship to other legal regulations. It addresses issues such as:

• Application of previous laws – if the new law is more favourable to the perpetrator, it must be applied retroactively.
• Repeal of previous criminal law norms – the new Criminal Code replaced Act No. 140/1961 Coll.

This systematic structure ensures the clarity and consistency of criminal law for lawyers, law enforcement authorities, and the public.

Key principles of criminal law

The Criminal Code follows several fundamental principles that define the conditions of criminal liability and sentencing:

• Principle of legality – a criminal offence and its punishment must be explicitly prescribed by law.
• Principle of proportionality – the punishment must correspond to the nature and severity of the criminal offence.
• Principle of individual liability – only a person who has committed a criminal offence through their own conduct can be held criminally liable.
• Principle of humanism – punishments must not be cruel, inhuman, or degrading.

How is the Criminal Code applied in practice?

The Criminal Code plays a role in every criminal case—from the initial assessment of an act by the police to the final verdict and enforcement of the sentence.

Understanding its provisions is essential for effective defence, the proper assertion of victims' claims, and a clear grasp of the potential consequences of criminal proceedings.

The correct interpretation of the Criminal Code can determine whether an act qualifies as a criminal offence, what penalty may be imposed, or what defence strategies are available. Timely legal assistance can have a significant impact on the outcome of a criminal case.

Related legislation

The Criminal Code is complemented by several other regulations governing specific aspects of criminal law, including:

• Decree No. 458/2009 Coll. – establishes the daily cost associated with serving a sentence of house arrest and the method of payment.
• Decree No. 508/2020 Coll. – regulates the fees and reimbursement of expenses for consultants appointed to assist in criminal proceedings.
• Act No. 269/1994 Coll., on the Criminal Register – sets out the rules for maintaining criminal records, recording convictions, and the possibility of expungement after a specified period.

These regulations clarify specific areas of criminal law that are not directly covered by the Criminal Code, but many other relevant regulations also apply.