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The Penal Code

(Law No. 40/2009 Coll.)
(Unofficial text – Czech textOriginal text of the Penal Code)

Sec. 191 - Dissemination of pornography

(1) A person who produces, imports, exports, transfers, offers, makes publicly accessible, mediates, circulates, sells, or provides for another person in another way photographic, film, computer, electronic or another pornographic work in which violence or disrespect to human is expressed, or which describes, depicts or in another way renders sexual intercourse with an animal is liable to imprisonment for a term not exceding one year, to prohibition to undertake an activity, or to confiscation of a thing or another property value.

Sec. 192 - Production and other dealing with children pornography

(2) A person who produces, imports, exports, transfers, offers, makes publicly accessible, mediates, circulates, sells, or provides for another person in another way photographic, film, computer, electronic or another pornographic work which depicts or uses in another way child, or
a person who profits of such a pornographic work
is liable to imprisonment for a term of six months to three years, to prohibition to undertake an activity, or to confiscation of a thing or another property value.

§ 400 - Genocidium

(1) A person who, with an intent to liquidate, totally or partially, a racial, ethnic, national, religious, class or another similar group of humans,

a) subjects members of such a group to such conditions of life which should render their total or partial physical liquidation,

b) implements measures which aim at prevention of birth of children in such a group,

c) transfers forcibly children from one such a group to another one,

d) inflicts to the member of such a group a grievous bodily harm or death is liable to imprisonment for a term of twelve to twenty years or to the exceptional sentence.

(2) A person who publicly incites to an act as introduced in Sec. 400-1 is liable to the same penalty.

(3) Preparation [of the act as introduced in Sec. 400-1] is liable to punishment.

Sec. 403 - Foundation, support and promotion of a movement aiming at suppression of rights and liberties of the human

(1) A person who founds, supports or promotes a movement aiming ascertainably at suppression of the rights and liberties of the human or who promulgates racial, ethnic, religious or class hate or hate against another group of persons is liable to imprisonment for a term of one to five years.

(2) The offender is liable to imprisonment for a term of three to eight years

a) if he commits the act as introduced in Sec. 403-1 by the use of press, film, radio or television broadcasting, publicly accessible computer network or in another likewise effectual way,

b) if he commits such an act as a member of an organised group,

c) if he commits such an act as a military person, or

d) if he commits such an act in the state of national emergency or in the state of war.

(3) Preparation [of the act as introduced in Sec. 403-1] is liable to punishment.

Sec. 404 – Expression of sympathy towards a movement aiming at suppression of rights and liberties of the human

A person who publicly expresses sympathy towards the movement as introduced in Sec. 403-1 is liable to imprisonment for a term of six months to three years.

Sec. 405 – Denying, casting doubt on, advocating, and justifying genocidium

A person who publicly denies, casts doubt on, advocates or attempts to justify the nazi, communist or other genocidium or other crimes against humanity commited by the nazis and communists is liable to imprisonment for a term of six months to three years.

Zdeněk Matušík