Penalties
Financial penalty
Conditions for imposing a financial penalty
A court may impose a financial penalty if the perpetrator, through an intentional criminal act, has obtained or attempted to obtain material benefit for themselves or another person. Even without these conditions, a court may impose a financial penalty if the criminal law permits or mandates such a penalty for the committed offence, or for a misdemeanour, provided that, considering the nature and seriousness of the misdemeanour and the perpetrator's character and circumstances, an unconditional custodial sentence is not simultaneously imposed.
A financial penalty may be imposed as a standalone penalty if, considering the nature and seriousness of the committed offence and the perpetrator's character and circumstances, there is no need to impose any other penalty.
The court shall not impose a financial penalty if it is evident that it would be uncollectible.
Extent of a financial penalty
A financial penalty is imposed in daily rates, ranging from a minimum of 20 to a maximum of 730 whole daily rates. The amount of a single daily rate ranges from a minimum of CZK 100 to a maximum of CZK 50,000.
The court determines the amount of a single daily rate of the financial penalty with regard to the perpetrator's personal and financial circumstances. This is typically based on the net income the perpetrator has or could reasonably earn on average in one day.
The court may allow the financial penalty to be paid in instalments. In doing so, the court may stipulate that the option of instalments shall cease if the perpetrator fails to pay any instalment on time.
Execution of a financial penalty
Once the judgment becomes enforceable, the court shall summon the convicted person to pay the financial penalty within one month and warn them that failure to do so will result in the financial penalty being enforced or converted into a custodial sentence.
At the convicted person's request, the presiding judge may, for important reasons, grant a postponement of the enforcement of the financial penalty for a period not exceeding one year or allow the penalty to be paid in reasonable monthly instalments. The permission for postponement or instalments may be revoked if the reasons for the postponement no longer exist or if the convicted person fails to pay the instalments without a valid reason.
The court may also waive the enforcement of the financial penalty or its remaining part if the convicted person has become long-term unable to pay due to circumstances beyond their control, or if enforcing the penalty would seriously endanger the livelihood or upbringing of a person whom the convicted person is legally obliged to support.
If the financial penalty is not paid within the set time, the court shall order its enforcement. The court will not order enforcement if the penalty can be covered by funds from a financial guarantee or if it is evident that enforcement would be futile or could be obstructed.
If the convicted person fails to pay the financial penalty after being summoned by the court, or after the expiration of the period for which enforcement was postponed or instalments were allowed, and if it is evident that enforcement would be futile or obstructed, the court shall convert the financial penalty or its remaining part into a custodial sentence and decide on the manner of its execution. In such a case, each unpaid amount corresponding to one daily rate will equate to two days of imprisonment.
Before making this decision, the court shall give the convicted person an opportunity to present their statement. The convicted person may also avert the enforcement of the custodial sentence, into which the financial penalty or its remaining part was converted, by paying the financial penalty.
Good to know
A perpetrator who has been sentenced to a financial penalty for an offence other than a particularly serious crime is regarded as if they had not been convicted once the penalty has been executed or a final decision has been made to waive its enforcement or the remaining part. This means that the convicted person can fulfil their penalty simply by paying the specified amount, without, for example, having to "prove themselves" as in the case of a conditional sentence of imprisonment. Such a decision will not appear on the extract from the Criminal register.
For this reason, a financial penalty may be the best option for the accused in cases where it is evident that a penalty will be imposed. In such situations, it is advisable to aim for the court or prosecutor to choose this type of penalty instead of another one that might be more burdensome for the accused.