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Offences Act

In its section Offences Relating to Protection from Alcoholism and Other Addictions, the Offences Act regulates a wide range of offences of a less harmful nature than that of criminal offences and to a large extent reflects and complements the state of facts of criminal offences. An offence is committed by a person who sells or provides an addictive substance or otherwise enables a person under 18 years of age to ingest an addictive substance, although it is doubtful whether the person meets the age requirement, or to a person about whom they know that he/she will perform employment or other activity which may endanger human health or cause property damage, or by a person who uses or ingests an addictive substance, although he/she knows that he/she will perform employment or other activity which may endanger human health or cause property damage, or by a person who performs such activity after the use of an addictive substance. An offence is also committed by a person who refuses to undergo an examination which should establish whether he/she is affected by an addictive substance, provided that the examination is requested under a special legal regulation – this will primarily relate to establishing whether he/she was under the influence of an addictive substance while driving a vehicle. Last but not least, it is important to mention that an offence is also committed by a person who possesses or grows cannabis for own use in an amount smaller than small without an authorisation – it means that from the law point of view cannabis must not be possessed or grown for own use even in small amounts. However, the fine imposed for this offence may not be more than CZK 15,000.

 

§ 30 - Offences in relation to protection against alcoholism and other drug addictions


(1) An offence is committed by a person who

a) sells, serves or otherwise provides alcohol to a person who is apparently under the influence of alcohol or any other addictive substance, a person under eighteen years of age, a person in the case of which it is doubtful that he/she meets the age requirement, or to someone about whom the person knows that he/she will perform a job or other activity which could endanger human health or damage property,
c) does not submit to a measure penalizing excessive consumption of alcohol or other addictive substances,
f) allows unauthorized use of narcotic and psychotropic substances to a person under eighteen years of age, unless such act is more strictly punishable,
g) drinks an alcoholic beverage or takes another addictive substance although he/she knows that he/she will perform a job or other activity during which he/she could endanger human health or damage property,
h) after drinking an alcoholic beverage or taking other addictive substance performs an activity referred to in subparagraph g),
ch) in an incapacitated state that the person inflicted by drinking alcohol or taking other addictive substance he/she performs an activity referred to in subparagraph g),
i) refuses to undergo an examination which should establish whether he/she is not affected by alcohol or any other addictive substance, although he/she was asked to undergo such examination under a special legal regulation,
j) illegally possesses a small amount of a narcotic or psychotropic substance for his/her personal use,
k) illegally grows for his/her personal use a small amount of a plant or mushroom containing a narcotic or psychotropic substance,

 

(2) The punishment for an offence under subsection 1 a) to d) shall be a penalty of up to CZK 3,000; for an offence under subsection 1 e) and f) a penalty of up to CZK 5,000 and prohibition of activities for the period of up to 1 year; for an offence under subsection 1 g) to i) a penalty from CZK 25,000 to CZK 50,000 and prohibition of activities for 1 to 2 years; for an offence under subsection 1 j) and k) a penalty of up to 15,000 CZK; an offence under subsection 1 a), b), c), e), f), g), h), ch), j) and k) shall be punished by imposing a penalty and the punishment may be supplemented by local banishment.

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