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Legal News 02/2025

26 March 2025

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Dear colleagues,

We wish to send you this week's legal news:

  • On 01/02/2025, Act No. 380/2024 Coll., amending and supplementing Act No. 372/1990 Coll. on Misdemeanours, as amended (hereinafter referred to as the „Act“), entered into force.

For § 5, § 5a is inserted, which defines who is the perpetrator of a misdemeanor:

The offender is the one who committed the offence themselves.

(2) A physical person only can be perpetrator of a contravention.

In addition to the aforementioned Section 5a, Section 5b has also been inserted into the Act: If the offence was committed by the joint action of two or more offenders, each of them shall be liable as if they had committed the offence themselves.

In addition to the above-mentioned changes, § 50 of the Act was also amended and extended as follows:

§ 50 Property Offences

In accordance with the amendment, an offence is committed by anyone who intentionally causes damage to the property of another or attempts such an action:

  1. by theft,
  2. sprain,
  3. by fraud,
  4. concealment of goods or
  5. loss of damage to such property.

In addition to the above, an offence is also committed by anyone who intentionally conspires or directs the commission of an offence, incites another to commit an offence, asks another to commit an offence, or provides assistance to another to commit an offence, particularly by procuring means, removing obstacles, offering advice, reinforcing intent or promising to help after the commission of the offence.

Penalties for property offences:

  • a fine of up to €1,400,
  • in block proceedings up to 500 euros,
  • in summary proceedings up to 1,000 euros.

If an offence is repeated within 12 months, a fine may be imposed.

  • up to €2,000 and
  • in order proceedings up to €1,500.

Making a sound recording

The competent authority may make an audio recording of the oral hearing for the purposes of the contravention proceedings. A person present at the oral hearing may also make an audio recording, but must notify the competent authority and the persons present at the oral hearing beforehand. The competent authority may prohibit a person present at the oral hearing from making an audio recording if it would disturb the course of the oral hearing, or if classified information or information constituting a secret protected by a special act is to be discussed, or in the case of other important interests of the person present at the oral hearing.

Making image or audio-visual recordings of oral proceedings is still not permitted.