pruh+znak_PF_13_gray5+fialovy_RGB PF_PPT_en Zápatí prezentace The System of Criminal Law Sanctions in the Czech Criminal law www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 2 The System of Sanctions nPunishments - can be imposed by a criminal court on an offender of an criminal act. n nProtective measures – can be imposed by court in criminal or civil proceedings on an offender of an criminal act or an act otherwisse classified as criminal. www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 3 Fundamental principles nthe principle of legality – nulla poena sine lege – „only the law shall determine what penalties may be imposed on offender of a criminal offence.“ Criminal sanctions shall be imposed only in accordance with the law. nthe principle of humanity – cruel and disproportionate sanctions may not be imposed. The execution of a criminal sanction must not undermine human dignity. n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Fundamental principles nthe principle of adequacy of punishment – general principles of sentencing guidelanes - n - nature and seriousness of a criminal offence (importance of the protected interest, manner in wchich act was committed and its consequences, the circumstances, person of the offender, the extent of his fault and his motives) n - personal situation of an offender (family, property, situation, health, high age ….) n - rights and interests of an injured party (namely compensation of the damage) n n Zápatí prezentace 4 www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 5 Punishments - Section 52 of CC na sentence of imprisonment n house arrest n community service n forfeiture of property n a pecuniary penalty n forfeiture of a thing n prohibiton to undertake activities n prohibiton of residence n prohibiton of entering of sport, cultural and other social events n deprivation of titles and awards n deprivation of a military rank n banishment n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 6 Protective Measures – Section 98 of CC n protective medical treatment n protective detention n confiscation of a thing n protective rehabilitation www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 7 Sentence of imprisonment nan unconditional sentence of imprisonment na suspended sentence of imprisonment na suspended sentence of imprisonment with supervision nexceptional punishment www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 8 An unconditional sentence of imprisonment nA maximum term of imprisonment as a regular penalty shall be twenty years. n nA uniform minimum term is not provided. n nThe term of imprisonment shall be served in prisons in accordance with another Act – Prison Act. www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 9 Exceptional punishment na sentence of imprisonment of twenty up to thirty years n - very high seriousness or n - the possibility of reforming the offender is regarded as remote nlife imprisonment -extremely high seriousness and -the imposition is required for the effective protection of society or -there is no hope that the offender can be reformed by a prison sentence of twenty up to thirty years www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 10 A suspended sentence of imprisonment na maximum term of imprisonment of three years nprobation period of one to five years nappropriate restricitons and duties nsupervison: n - a regular personal contact between the offender and probationary officer n - cooperation in creating and implementing the probation plan n - monitoring adherence to the conditions imposed on the offender n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 11 House arrest nminor offence only nup to two years nobligation to stay home during time defined in the judgment nwritten promise to follow all conditions is required nif the offender fails to respect all conditions, the court shall commute it to term of imprisonment: 1 day of house arrest = 1 day of imprionment ntwo form of control are presupposed n - electronic monitoring n - control of a probation officer n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 12 Community service order nminor offence only nterm of 50 up to 300 hours n offender`s attitude and his health conditions n obligation of the offender to perform work for the public benefit in person, free of charge and in his free time at least within the period of two years nif the offender fails to perform community service order due to his own fault, the court shall commute it either to a house arrest, or to pecuniary penalty or to term of imprisonment n1 hour = 1 day n n n n n n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 13 Forfeiture of property nif the offender has been sentenced to an exceptional length of imprisonment or unconditional imprisonment for an especially serious crime by which the offender acquired, or attempted to acquire, a property benefit. nA court may order the forfeiture of all property belonging to a particular offender, or only a part of his property nThe forfeitured property shall become the property of the State. www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 14 Pecuniary penalty nImposed in daily rates – from 20 to 730 nA daily rate is at least 100 CZK (about 4 EURO) and the most 50.000 CZK ( 2 400 EURO) nif the offender profited or attempted to profit by an intentional criminal act nAs an alternative punishment (in place of imprisonment) in case of an offence n An alternative punishment of imprisonment of up to four years in the event that the pecuniary penalty is not paid by the set deadline nPossibility to change it into house arrest or community service n n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 15 Forfeiture of a thing nThe court may impose the forfeiture of a thing which a)was used for the commission of a crime, b)was determined for the commission of a crime, c)the offender acquired by his crime, or as a reward for such crime, or d)d) the offender as least partly acquired for another thing pursuant to letter c), unless the value of the thing pursuant to letter c) is negligible in relation to the thing acquired. n nThe thing has to belongs to the offender. nThe forfeitured thing shall become the property of the State. n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 16 Prohibiton to undertake activities nfor a period of one to ten years na criminal act committed in connection with such an activity njob or profession or a certain office or activity which requires a special licence or performance of which is regulated by law n n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 17 Prohibition of residence nfor a period of between one year and ten years nan intentional crime if this is in the interest of the protection of public order, family, health, morality or property in the view of the offender´s way of life and the place where the crime was committed nnot possible to prohibit residence in the district where the offender has his permanent home address n appropriate restricitons and duties www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 18 Prohibition of entering nof sport, cultural and other social events nup to ten years nan intentional criminal offence commmitted in connection with such an event ncooperation with probation officer npossibility to order to stay at the Police station during the time of event n n n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 19 Deprivation nof titles of honours and awards nof a military rank nmay be imposed by the court on an offender who has committed an intentional crime with especially condemnable motivation and on whom the court imposes an unconditional sentence of imprisonmet of at least two years nin addition to other punishment if it is required for the sake maintaining discipline and order in the armed forces or the armed corps. nthese sentences are subsidiary and may never be imposed as a single punishments. n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 20 Banishment nfrom the territory of the Czech Republic non a person who is not a citizen of the Czech Republic nif this is required for the safety of the people or property or some other public interest neither for a period of between one and ten years, or for an indefinite time. www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 21 Punishments for legal entities nwinding-up of the company, nconfiscation of property npecuniary punishment nconfiscation of a thing or some other property value na ban on activities na ban on performance of public contracts, on participation in concession proceedings or other public tenders na ban on acceptance of subsidies, nthe publication of the judgment n n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 22 Pecuniary punishment nthe most important sanction for legal entities nprincipally required by EU Framework Decisions as well as EC Directives nused in all countries that have introduced corporate criminal liability nmay be imposed for all criminal offences that a legal entity may commit nimposed in daily rates – from 20 to 730 (the precise number is set according to the nature and seriousness of the criminal offence) nthe daily rate no less than CZK 1,000 (37 EUR)and no more than CZK 2,000,000 (74000 EUR) - the precise amount is set with view to the offender’s property n n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 23 Winding up of the company nthe strictest penalty that can be imposed upon a legal entity napplicable only to legal entities that, while having their registered offices in the Czech Republic, perform such activities that entirely or predominantly consist of committing criminal offences nthe purpose of this punishment is to ultimately prevent the legal entity from performing any further activity that consists in the continuous commission of crime n n n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 24 The publication of the judgement nis a new type of punishment in Czech law npenalty intended exclusively for legal entities na strong preventive nature of this punishment: it can be imposed where it is necessary to inform the public of a judgment of conviction, mainly because of the nature and the seriousness of the criminal offence, or where required by the interest of protecting the safety of people, property or society nforces the legal entity to publicize, at its own cost, the final and conclusive judgment or some part thereof determined by the judge in some public medium channel determined by the judge n n n n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 25 Protective measures nonly one – confiscation of a think or some other property value n n n n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 Zápatí prezentace 26 Thank you for your attention. >