Article 1
All people are free, have equal dignity, and enjoy equality of rights. Their fundamental rights and basic freedoms are inherent, inalienable, non-prescriptible, and not subject to repeal.
Article 5
Everyone has the capacity to possess rights.
Article 8
- Personal liberty is guaranteed.
- No one may be prosecuted or deprived of her liberty except on the grounds and in the manner specified by law. No one may be deprived of her liberty merely on the grounds of inability to fulfill a contractual obligation.
- A person accused of or suspected of having committed a criminal act may be detained only in cases specified by law. A person who is detained shall promptly be informed of the grounds for the detention, questioned, and within [twenty-four] hours at the latest, either released or turned over to a court. A judge must question the detained person and decide, within twenty-four hours of receiving him, whether the person shall be placed in custody or released.
- A person accused of a criminal act may be arrested only on the basis of a warrant issued by a judge in writing and stating the reasons for the arrest. The arrested person shall be turned over to a court within twenty-four hours. A judge shall question the arrested person and decide, within twenty-four hours, whether the person shall be placed or released.
- A person may be placed in custody only on the grounds and for the length of time laid down in a law, and only on the basis of a judicial decision.
- The law shall specify the cases in which a person may be committed to or kept in a medical institution without her consent. A court must be notified within twenty-four hours that such a measure has been taken, and it shall decide within seven days whether the placement was proper.
Article 9
- No one may be subjected to forced labor or service.
- The provision of paragraph 1 shall not apply to:
a.labor imposed in accordance with law upon persons serving a prison sentence or upon persons serving other penalties that take the place of the penalty of imprisonment,
b.military service or some other service provided for by law in place of compulsory military service,
c.service required on the basis of law in the event of natural disasters, accidents, or other danger threatening human life, health, or property of significant value,
d.conduct imposed by law for the protection of life, health, or the rights of others.
Article 28
Employees have the right to fair remuneration for their work and to satisfactory work conditions. Detailed provisions shall be set by law
Constitution of the Czech Republic 1993 (revised 2013) (PDF)
Criminal Offences Connected to Illicit Disposal with Human Tissues and Organs, Human Embryo and Human Genome
Section 164 Unauthorised Extraction of Tissues and Organs
(1) Whoever performs extraction of tissue, cell or organ from body of another contrary to other legal regulations, shall be sentenced to imprisonment for two to eight years.
(2) The same sentence shall be imposed to a anyone who contrary to other legal regulations for him-/herself or for another obtains, mediates, offers, imports, exports or transits human tissue, cell or organ withdrawn from the body of a living human, or in other ways disposes with such tissue, cell or organ.
(3) An offender shall be sentenced to imprisonment for five to twelve years or to confiscation of property, if he/she
- a) commits the act referred to in Sub-section (1) or (2) on a child,
- b) commits such an act with the use of violence, threat of violence or threat of another grievous injury,
- c) commits such an act while abusing distress, addiction or dependency of another,
- d) commits such an act on at least two persons,
- e) commits such an act repeatedly,
- f) commits such an act as a member of an organised group,
- g) causes grievous bodily harm by such an act, or
- h) gains substantial profit for him-//herself or for another by such an act.
(4) An offender shall be sentenced to imprisonment for eight to sixteen years or to confiscation of property, if he/she
- a) commits the act referred to in Sub-section (1) or (2) on a child under 15 years or age,
- b) commits such an act in connection to an organised group active in several states,
- c) causes death by such an act, or
- d) gains for him-/herself or for another extensive profit by such an act.
(5) Preparation is criminal.
Section 168 Trafficking in Human Beings
(1) Whoever forces, procures, hires, incites, entices, transports, conceals, detains, or consigns a child to be used by another for
- a) sexual intercourse or other forms of sexual abuse or harassment, or for production of pornographic works,
- b) extraction of tissue, cell, or organs from his/her body,
- c) service in the armed forces,
- d) slavery or servitude, or
- e) forced labour or other forms of exploitation, or who profits on such a conduct,
shall be sentenced to imprisonment for two to ten years.
(2) The same sentence shall be imposed to anyone who forces, procures, hires, incites, entices, transports, hides, detains, or consigns a person other than referred to in Sub-section (1) by
using violence, threat of violence or other grievous harm or deceit, or by abusing his/her error, distress, or addiction in order to use him/her for
- a) sexual intercourse or other forms of sexual abuse or harassment, or for the production
of pornographic works,
- b) extraction of tissue, cell, or organs from their body,
- c) service in the armed forces,
- d) slavery or servitude, or
- e) forced labour or other forms of exploitation, or who profits on such conduct.
(3) An offender shall be sentenced to imprisonment for five to twelve years or to confiscation of property if he/she
- a) commits then act referred to in Sub-section (1) or (2) as a member of an organised group,
- b) exposes another person to a risk of grievous bodily harm or death by such an act,
- c) commits such an act with the intention to gain a substantial profit for him-/herself or for another, or
- d) commits such an act with the intention to use another person for prostitution.
(4) An offender shall be sentenced to imprisonment for eight to fifteen years or to confiscation of property if he/she
- a) causes grievous bodily harm by the act referred to in Sub-section (1) or (2),
- b) commits such an act with the intention to gain extensive profit for him-/herself or for another, or
- c) commits such an act in connection to an organised group operating in several states.
(5) An offender shall be sentenced to imprisonment for ten to eighteen years or to confiscation of property, if he/she causes death by the act referred to in Sub-section (1) or (2).
(6) Preparation is criminal.
Section 169 Entrusting a Child to Another Person
1) Whoever entrusts for a consideration a child to another person for the purpose of adoption or for another similar purpose, shall be sentenced to imprisonment for up to three years or to prohibition of activity.
(2) An offender shall be sentenced to imprisonment for two to eight years or to confiscation of property, if he/she
- a) commits the act referred to in Sub-section (1) as a member of an organised group,
- b) causes grievous bodily harm by such an act,
- c) commits an such act repeatedly, or
- d) commits such an act with the intention to gain substantial profit for him-/herself or for another by such an act.
(3) An offender shall be sentenced to imprisonment for three to ten years or to confiscation of property, if he/she
- a) causes death by the act referred to in Sub-section (1),
- b) commits such an act with the intention to gain extensive profit for him-/herself or for another by such an act, or
- c) commits such an act in connection with an organised group operating in several states.
Section 170 Illegal Confinement
(1) Whoever without authorisation imprisons or otherwise confines another person, shall be sentenced to imprisonment for two to eight years.
(2) An offender shall be sentenced to imprisonment for five to twelve years, if he/she
- a) commits the act referred to in Sub-section (1) as a member of an organised group,
- b) commits such an act on another for his/her true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith,
- c) causes physical or mental suffering by such an act,
- d) causes grievous bodily harm by such an act, or
- e) commits such an act with the intention to gain substantial profit for him-/herself or for another.
(3) An offender shall be sentenced to imprisonment for eight to sixteen years, if he/she
- a) causes death by the act referred to in Sub-section (1) , or
- b) commits such an act with the intention to gain extensive profit for him-/herself or for another
(4) Preparation is criminal.
Section 171 Illegal Restraint
(1) Whoever restrains another from enjoying personal freedom, shall be sentenced to imprisonment for up to two years.
(2) An offender shall be sentenced to imprisonment for up to three years, if he/she commits the act referred to in Sub-section (1) with the intent to facilitate another criminal offence.
(3) An offender shall be sentenced to imprisonment for two to eight years, if he/she
- a) commits the act referred to in Sub-section (1) as a member of an organised group
- b) commits such an act on another for his/her true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith,
- c) causes physical or mental suffering by such an act,
- d) causes grievous bodily harm by such an act, or
- e) commits such an act with the intention to gain substantial profit for him-/herself or for another.
(4) An offender shall be sentenced to imprisonment for three to ten years if he/she
- a) causes death by the act referred to in Sub-section (1), or
- b) commits such an act with the intent to gain extensive profit for him-/herself or for another.
Section 401 Crimes against Humanity
(1) Whoever commits within an extensive and systematic attack aimed against civilians
- a) extermination of people,
- b) enslavement,
- c) deportation or forced transfer of a group of civilians,
- d) rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilisation or other forms of sexual violence,
- e) persecution of a group of civilians on political, race, national, ethnic, cultural or religious grounds, on sex or another similar grounds,
- f) apartheid or another similar segregation or discrimination,
- g) illegal restraint, kidnapping to an unknown location or any other restriction of personal freedom with following involuntary disappearance of persons,
- h) torture,
- i) murder, or
- j) another inhumane act of similar nature,
shall be sentenced to imprisonment for twelve to twenty years or to an exceptional sentence of imprisonment.
(2) Preparation is criminal.
Criminal Code (PDF)