Liability to punishment for high treason (provision 91), subversion (provision 92), terror (provisions 93 and 93a), diversionist activity (provisions 95 a 96), sabotage (provision 97), espionage (provision 105), endangering official secrets (provisions 106 and 107), contravention of provisions on the circulation of goods in relations with foreign countries (provision 124), on disposal of controlled goods and technologies (provisions 124a, 124b and 124c) and on foreign trade in military materiel (provisions 124d, 124e and 124f), endangering foreign exchange management (provision 146), underpayment of taxes, fees (charges) and similar dues (provision 148), mutiny by prisoners (provision 172), common danger (provisions 179 and 180), endangering the environment (provisions 181a and 181b), damaging and endangering the operation of publicly beneficial facilities (provisions 182 to 184), spreading infectious diseases (provisions 189 to 192),
endangering public health with defective foodstuffs and other commodities (provisions 193 and 194), scaremongering (provision 199), hostage-taking (provision 234a), genocide (provision 259) and the use of forbidden (unlawful) means of combat and unpermitted methods of fighting (provision 262) shall extinguish if the offender has voluntarily:
(a) prevented or put right the harmful effect of his crime; or
(b) reported the crime at a time when its harmful effects could still be prevented. The report (notification) must be made to a prosecutor or a police organ; a soldier can report the crime to his commander or superior office instead.
Relating provisions of the Criminal Code:
- provisions 3, 7(3), 8(3), 147a, 163, 163b, 214;
Some other relating provisions:
- provisions 8, 172(1)(f), 188(1)(c), 226(e) of the Criminal Procedure Code;
Negative Prescription of Criminal Prosecution Provision 67
(1) Liability to punishment for a crime shall become statute-barred on expiry of the period of the statute of limitations (negative prescription), which is:
(a) twenty years, in the case of a crime for which provisions included in the Special Part of this Code permit imposition of an exceptional punishment, and in the case of a crime committed in preparing a privatisation project under the Large-Scale Privatisation Act (officially known as the Act on the Conditions of Transfer of State-Owned Property to Other Persons), No. 92/1991 Coll., as subsequently amended;
(b) ten years, if the maximum term of imprisonment is no less than ten years; (c) five years, if the maximum term of imprisonment is no less than three years; (d) three years, in the case of other crimes.
(2) The period of negative prescription (statute of limitations) shall not include:
(a) a period during which the offender could not be tried because of a legal impediment; (b) a period when the offender was abroad;
(c) the probationary period if there is a conditional stay of criminal prosecution. (3) Negative prescription of a criminal prosecution shall be interrupted:
(a) when the offender is accused of a crime affected by negative prescription when also subsequent tasks are directed towards criminal prosecution of the offender by a police organ (agency), investigator, state prosecutor or the court; or
(b) when, during a period of negative prescription, the offender commits a new crime which is punishable under this Code by the same or a stricter punishment.
(4) A new period of negative prescription shall commence to run when the (initial) period of negative prescription is interrupted.
Relating provisions of the Criminal Code:
- provisions 27, 29, 39, 67a, 89(15);
Some relating provisions of other Acts:
- Charter of Fundamental Rights and Freedoms;
- provisions 11(1)(b), 172(1)(f), 188(1)(c), 223(1), 257(b) of the Criminal Procedure Code; - Act on the Unlawfulness of the Communist Regime and on Resistance to it;
- Act on Eliminating the Negative Prescription of Prosecution for Major Crimes against Peace, War Crimes and Crimes against Humanity;
- Judicial Rehabilitation Act; - Large-Scale Privatisation Act;
Provision 67a
Expiry of a period of negative prescription shall not extinguish liability to punishment for: (a) the crimes stipulated in Chapter X, with the exception of a crime under provision 261;
(b) the crimes of terror (provision 93 and 93a), causing common danger (provision 179(2) and (3)), murder (provision 219), harming someone’s health (provision 221(2)(b), (3) and (4), and 222), restricting personal freedom (provision 232), unlawful taking of a person abroad (provision 233) and breaking into someone’s home (provision 238(2) and (3)) if any such crime is committed in circumstances which result in it being regarded as a war crime or a crime against humanity, under the rules of international law;
(c) a crime under provision 1 of the Peace Protection Act, No. 165/1950 Coll., promulgated on 20 December 1950.
Relating provisions of the Criminal Code:
- provision 67;
Some relating provisions of other Acts:
- Peace Protection Act;
- Act on Eliminating the Negative Prescription of Prosecution for Major Crimes against Peace, War Crimes and Crimes against Humanity Committed in the Interest of Occupying Forces; - Convention on the Imprescriptibility of War Crimes and Crimes against Humanity;
Negative Prescription of Punishment Provision 68
(1) An imposed punishment (sentence) cannot be enforced after expiry of a negative prescription period, which is:
(a) twenty years, in the case of a sentence to exceptional punishment;
(b) fifteen years, in the case of a sentence to imprisonment for a term exceeding ten years; (c) ten years, in the case of a sentence to imprisonment for a term of no less than five years; (d) five years, in the case of another punishment.
(2) The period of negative prescription shall start to run as of the day when the sentence becomes final and, in the case of a suspended sentence or of release on parole, on the day when the verdict ordering enforcement of the punishment (sentence) takes legal effect. The period of negative prescription shall not include a period of time when the punishment could not be enforced because the convict was abroad, or because he was in prison for another
crime. With regard to the prohibition of a specific activity, a pecuniary penalty, a punishment in the form of a prohibition of stay (residence) and expulsion, the period of negative prescription shall not include the period of time when the convicted person serves his term of imprisonment.
(3) The period of negative prescription shall be interrupted:
(a) if the court takes steps to enforce a punishment to which the period of negative prescription is related; or
(b) if, during this period, the convicted person commits a new crime for which this Code provides the same or a stricter punishment.
(4) A new period of negative prescription shall commence to run when the (initial) period of negative prescription is interrupted.
Relating provisions of the Criminal Code:
- provisions 27, 29, 39, 60, 64, 68a;
Some relating provisions of other Acts:
- Criminal Procedure Code;
- Act on Eliminating the Negative Prescription of Prosecutor for Major Crimes against Peace, War Crimes and Crimes against Humanity Committed in the Interest of Occupying Forces.
Provision 68a
Execution of a punishment imposed for any crime stipulated in provision 67a shall not be statute- barred.
Relating provisions of the Criminal Code:
- provisions 67a, 68;
Some relating provisions of other Acts:
- Peace Protection Act;
- Act on Eliminating the Negative Prescription of Prosecution for Major Crimes against Peace, War Crimes and Crimes against Humanity Committed in the Interest of Occupying Forces; - Convention on the Imprescriptibility of War Crimes and Crimes against Humanity.
Deletion of a Sentence Provision 69
(1) The court shall delete a convicted person’s sentence (from the Criminal Register) if, following execution of his punishment, or remission of his punishment (a pardon) or negative prescription applying to the execution of his punishment, the convicted person has been continuously leading an orderly way of life for a period of no less than:
(a) ten years, in the case of a sentence to a term of imprisonment exceeding five years; (b) five years, in the case of a sentence to a term of imprisonment exceeding one year;
(c) three years, in the case of a sentence involving a term of imprisonment not exceeding one year, forfeiture of property or a prohibition of stay (residence), or a pecuniary penalty for a deliberate crime.
(2) In the case of a sentence involving loss of honorary titles and decorations or loss of military rank, the period under sub-provision (1) shall be governed by the length of the term of
imprisonment to which the convicted person was sentenced, in addition to another punishment.
(3) If after completion of the convict’s punishment, or its remission (pardon) or negative prescription, the convict proves his reformation by exemplary behaviour and an honest attitude to work, the court may delete the sentence, acting on an application submitted either by the convict or by the person authorised to offer a guarantee for completion of the convict’s reformation, even prior to expiry of the period stipulated in sub-provision (1). (4) In the case of a parolee who is regarded as having completed his term of imprisonment on
the day he is conditionally released on parole, the period stipulated in sub-provision (1) shall be related to the length of his actual imprisonment; if the convict’s term of imprisonment was reduced under a decision (pardon) of the President of the Czech Republic, the period stipulated in sub-provision (1) shall be related to such reduced term.
Relating provisions of the Criminal Code:
- provisions 27, 33(g), 39 to 64, 70, 87;
Some relating provisions of other Acts:
- Article 62(g) of the Constitution of the Czech Republic; - provisions 363 to 365 of the Criminal Procedure Code; - Criminal (Records) Register Act;
Provision 70
(1) An offender shall be regarded as not having been sentenced, once his sentence is deleted from the Criminal (Records) Register.
(2) If an offender was sentenced to two or more parallel punishments, his sentence may not be deleted from the Criminal (Records) Register until expiry of the longest period set for deletion of a punishment under this Code.
(3) The provision of subsection (2) shall apply mutatis mutandis to a case where an offender was sentenced to two or more parallel punishments in respect of which the offender may be regarded under this Code as not having been convicted.
Relating provisions of the Criminal Code:
- provisions 24(2), 45a(5), 50(2), 54(4), 55, 60(4), 87;
Some relating provisions of other Acts:
- provisions 363 to 365 of the Criminal Procedure Code; - Criminal (Records) Register Act;
CHAPTER VI