Criminal
2010 Criminal Code with corporate criminal liability
The Criminal Code of 2009, in force from 2010, modernised the offence catalogue and introduced a material-formal concept of crime. Corporate criminal liability was added in 2012, with a compliance defence that has become central to Czech corporate practice.
Key rules
- Police may detain a person for up to 48 hours before applying for custody.
- A court must then decide on pre-trial detention within 24 hours.
- Legal entities can be prosecuted, with a defence of adequate compliance efforts.
- Plea and guilt agreements are available in a widening range of cases.
Governing law
- Criminal Code (40/2009)In force from 2010.
- Code of Criminal Procedure (141/1961)Extensively amended.
- Act on criminal liability of legal persons (418/2011)Corporate liability and compliance defence.
Penalties and consequences
- Pecuniary penalties in daily units.
- Community service and house arrest with electronic monitoring.
- Imprisonment up to 20 years, exceptional sentences up to 30 years or life.
In practice
For companies, a documented and genuinely operating compliance programme is the statutory route to exclude liability, so evidence of training and controls matters more than policy text.