Czechia
Czechia specifically criminalizes terrorism in its Criminal Code both when it is perpetrated in peacetime and when it is conducted as a method of warfare. There is no explicit exception for the exercise of fundamental human rights in peacetime.
The Definition of Terrorism in Domestic Law
Terrorism is defined in Section 311 of the Criminal Code of the Czech Republic as follows:
Whoever with the intention to impair the constitutional system or defence capabilities of the Czech Republic, disrupt or destroy its fundamental political, economic or social structure or that of an international organisation, seriously intimidates the population or illegally compels the government or another public authority or an international organisation to act, omit or tolerate something,
a) performs an attack threatening human life or health with the intention to cause death or grievous bodily harm,
b) seizes hostages or commits kidnapping,
c) destroys or damages in larger extent a public facility, transportation or communication system including an information system, a fixed platform on continental shelf, energetic, water-work, medical or other important facility, public area or property with the intention to jeopardise human lives, security of such a facility, system or area or to expose property to risk of extensive damage,
d) disrupts or interrupts supply of water, electricity or other fundamental natural resource with the intention to jeopardise human lives or to expose property to risk of extensive damage,
e) hijacks an aircraft, ship or another means of personal or cargo transportation or exercises control over it, or destroys or seriously damages navigation device or in larger extent interferes with its operation or communicate a false important information by which he/she jeopardises life or health of people, security of such means of transportation, or exposes property to risk of extensive damage,
f) wrongfully manufactures or otherwise obtains, handles, imports, transports, exports or otherwise supplies or uses explosives, nuclear, biological, chemical or other weapon or means of combat or explosives prohibited by law or international treaty, or
g) exposes people to general risk of death or grievous bodily harm or property of another to risk of extensive damage by causing fire or flood or detrimental effect of explosives, gas, electricity or other similarly dangerous substances or powers or commits other similarly dangerous conduct, or increases such a risk or aggravates its aversion or mitigation.
Adherence to Global and Regional Terrorism Treaties
Czechia is a State Party to all of the main United Nations treaties on terrorism.
Treaty | Adherence |
---|---|
1973 Convention on Crimes against Internationally Protected Persons | State Party |
1979 Hostage-Taking Convention | State Party |
1997 Terrorist Bombings Convention | State Party |
1999 Terrorist Financing Convention | State Party |
2005 Nuclear Terrorism Convention | State Party |
Czechia is also a State Party to most of the European treaties on terrorism.
Treaty | Adherence |
---|---|
1977 European Convention on the Suppression of Terrorism | State Party |
2003 Protocol amending the European Convention on the Suppression of Terrorism | Signatory |
2005 Convention on the Prevention of Terrorism | State Party |
2015 Additional Protocol to the Convention on the Prevention of Terrorism | State Party |
Laws and Penalties for Terrorist Offences
The general penalty for terrorist offences is five to fifteen years in prison under the Criminal Code but imprisonment for twelve to twenty years is stipulated where a terrorist attack is committed as a member of an organised group or where grievous bodily harm or death is caused.S. 311, Criminal Code of Czechia.Specific possible terms of imprisonment are laid down for certain other crimes committed as terrorism.
Section 312 of the Criminal Code provides that:
Whoever kills another person with the intention to harm the constitutional order of the Czech Republic, shall be sentenced to imprisonment for fifteen to twenty years.
Section 309 of the Criminal Code (on High Treason) similarly provides that a citizen of the Czech Republic who in connection with a foreign power or foreign agent commits a terrorist attack shall be sentenced to imprisonment for between fifteen and twenty years.
There is no statute of limitations for terrorism when committed as war crimes or crimes against humanity.S. 35, Criminal Code of Czechia.The Code provides for five to fifteen years' imprisonment for terrorizing the civilian population as a war crime.S. 413, Criminal Code of Czechia.
Counterterrorism Capacities and Policies at Domestic Level
The Czech Police has a dedicated counterterrorism unit, the Rapid Response Unit (URNA) (Útvar rychlého nasazení).
A National Action Plan to Combat Terrorism was first adopted in 2005.