Defendants (criminal proceedings)

Czech Republic

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Czech Republic

The Act on Offences, defines an “offence” as behaviour which violates or threatens the interests of society and which is explicitly described as an offence in the Act or another law.

The definitions written above are all in the Act on Offences and the Administrative Procedure Code and these are used in proceedings for offences.

How are speeding and parking violations and other such offences dealt with?

Traffic offences are dealt with by the municipal (city) authority.

Some offences and the sanctions that can be imposed by the municipal authority are:

  • speeding offences are normally dealt with by imposition of a fine ranging from CZK 1000, to CZK 10 000, depending on the seriousness of the offence.  A ban on driving ranging from one month to one year may also be imposed.
  • other traffic offences have fines on a scale depending on their seriousness from CZK 1,500 to 10,000 and a possible ban on driving of up to one year;
  • breaking the Act on Road Traffic by causing an accident resulting in the death or injury of a person, can result in a fine from CZK 25,000 to CZK 50,000 and a ban on driving for a period from one to two years.

What is the procedure in dealing with an offence?

Ticketed (coupon) proceedings

This is a less serious offence which has been reliably proven and for which a reprimand is not sufficient.  If you are willing to pay a lower fine, this can be dealt with by an authority which inspects traffic (or also the police) by imposing a ticket (coupon) fine on site.

Standard offence proceedings

Offences are adjudicated on the basis of official proceedings. The start of such proceedings is a report of an offence by a state authority, the police, a municipal authority, or by a legal entity or citizen.

The municipal authority may submit the case to another authority before the start of the proceedings. If the facts indicate that this concerns a crime, the case is submitted to the public prosecutor.

You will be a party to the proceedings in your capacity as the accused person.  The victim will also be a party, if there is a need to discuss compensation for damages caused by the offence.  Finally, the owner of an object or item which was or may be seized (for instance, the owner of a vehicle) will also be a party.

You are accused of the offence as soon as the first procedural act is made against you.

You are entitled to:

  • express your opinion about all the acts you are accused of and the evidence supporting these accusations;
    • refuse to testify;
    • challenge the facts and propose evidence for your defence;
    • submit petitions;
    • submit remedies.

Oral hearings are held and the municipal authority will prepare a report. You will be asked questions during the hearing and you can enforce your rights (as set out above). The report will become part of the file. The municipal authority will ask you to examine the documents contained in the file before issuing its decision. You are entitled to express your opinion about these documents.

End of proceedings for an offence:

  • when the proceedings are stopped for the reasons set out in the Act on Offences (for instance, the act is not an offence, you have not committed the offence, a sanction would be insignificant next to the punishment which will be imposed on you for a different act in criminal proceedings, and similar reasons); or
  • when the decision is issued which finds you guilty of the offence and imposes a sanction on you.

Can citizens of other Member States be prosecuted for these offences?

The citizens of other Member States may be prosecuted in the same way as Czech nationals.

Can I appeal?

You have the right of full appeal. However, an appeal cannot be made against a fine imposed in ticketed (coupon) proceedings.

A decision contested by an appeal cannot be executed until a superior authority has decided the appeal.

Your appeal must be filed with the administrative authority (generally the municipal authority) within fifteen days of the date of notification of the decision.

Will these offences appear on my criminal record?


Related links

Traffic Offences

Last update: 16/09/2020

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