Document 115 - Amendment to the Act – Criminal Code – RJ

Scope: Part One; Section 189; pages 1–4.

The amendment extends the offense of pimping to include organizing, facilitating, or profiting from paid sexual acts conducted remotely via information or communication technologies. Unlike the current provision, which targeted only prostitution, the new provision explicitly covers interactive or custom-made sexual acts, such as live streams or content created upon individual request. At the same time, the bill emphasizes that it does not target the independent creation of such content by adults without the involvement of an exploiting third party. It therefore aims to close an interpretive gap in criminal law without broadly expanding the definition of prostitution throughout the entire code.

Scope: Part Two–Part Six; § 340–§ 53; pages 1–11.

The amendment expands the main amendment to include stricter penalties for illegal migration and, in particular, the unauthorized employment of foreign nationals. For the criminal offense under § 342, the provision explicitly adds the possibility of performing work in the context of business operations, increases the penalties, and introduces stricter penalties for cases involving significant financial gain, an organized group, serious bodily injury, or death; Section 340 is amended to include a higher penalty for offenses committed in connection with an organized group operating in multiple countries. The bill also permits the use of wiretaps, expands the police’s authority to obtain tax information, and waives tax confidentiality even for the criminal offense of the unauthorized employment of foreign nationals. These new provisions are set to take effect on January 1, 2027, while the remainder of the main bill remains effective as of July 1, 2026.

Scope: Part Two–Part Four; § 340–§ 53; pages 1–12.

The amendment significantly broadens the scope of the crime of unauthorized employment: it will no longer apply only to foreign nationals, but to all natural persons, including children, and at the same time increases the penalties for organized, exploitative, and consequently serious cases. The name of the offense is changed from “unauthorized employment of foreign nationals” to “unauthorized employment,” and the act of facilitating work or arranging employment as part of a business is now also punishable; Cases involving significant financial gain, serious harm, or death are punished more severely. The bill also introduces stricter criteria for human trafficking when linked to an organized group operating in multiple countries and allows for broader use of wiretaps and tax information, as well as the involvement of a specialized police unit, in more serious forms of unauthorized employment. The effective date of these new provisions is postponed to January 1, 2027, while the remainder of the main bill remains effective as of July 1, 2026.

Scope: Part One–Part Six; § 53–§ 342; pages 1–11.

The amendment expands the original bill to include stricter penalties for the unauthorized employment of foreign nationals and related changes to the Criminal Code, the Act on the Police of the Czech Republic, and the Tax Code. Penalties under § 342 are increased; the act now explicitly criminalizes facilitating work in the context of business operations; and stricter penalties are introduced for organized criminal activity, significant financial gain, serious bodily injury, or death; At the same time, an aggravating circumstance has been added to the offense of human smuggling: affiliation with an organized group operating in multiple countries. The bill also permits wiretapping in certain forms of unauthorized employment of foreign nationals and broader sharing of tax information with the police and law enforcement authorities. The main part of the original amendment remains in effect as of July 1, 2026, but the new provisions concerning foreign nationals and related changes are not scheduled to take effect until January 1, 2027.

Scope: Part Three; Sections 71a–71b; pages 1–7.

The amendment expands the main amendment to include a new tool for enforcing the payment of overdue child support: a bailiff would now be able to suspend the validity of the debtor’s firearms license. This measure is to be applied under the same conditions as the existing suspension of a driver’s license and is intended to increase pressure to pay child support, particularly for the benefit of the children. Upon receipt of the order, the debtor would be prohibited from acquiring, possessing, or carrying a firearm or ammunition and would be required to surrender the license to the police within 5 business days. The order will be revoked, in particular, upon payment of the debt or if the firearms license is necessary for the performance of a profession.

Scope: Part Three–Part Four; § 15–§ 15a; pages 1–6.

The amendment supplements the main amendment to the Act on Substitute Child Support: child support claims that were transferred to the state after the payment of substitute child support are now to be collected under the shared administration regime in accordance with the Tax Code. The collection and enforcement of these state claims will now be handled by the customs office, which is intended to streamline enforcement and may increase state revenue. The proposal expressly does not affect the private claims of entitled persons for regular child support; it concerns only the state’s recourse claims. At the same time, the structure of the Act is being amended by the insertion of a new Part Three, and the effective date of this new provision is deferred to January 1, 2028, while the other parts remain in effect in accordance with the main proposal.

Scope: Part Three–Part Three; § 280–§ 280; pages 1–6.

The amendment supplements the main amendment to the Civil Procedure Code so that child support claims subject to wage garnishment are satisfied on a priority basis even from the first third of net wages. This strengthens the enforceability of child support, particularly for children, because child support will now take precedence over all other claims regardless of their order of priority. The proposal thus eliminates the previous situation in which other creditors could be satisfied before the entitled child. At the same time, it merely renumbers the following section and article of the law for technical purposes.

Scope: Part One; Section 168; pages 1–13.

The amendment expands the definition of the crime of human trafficking in Section 168 of the Criminal Code to better address modern digital forms of exploitation and to implement the requirements of EU Directive 2024/1712 in a timely manner. Sexual exploitation, use for criminal activity, abuse of surrogacy, forced marriage, and illegal adoption are now explicitly added as forms of exploitation; for adults, the definition of “abuse of vulnerability” is also expanded to include inexperience and a similarly vulnerable position. The classification of the offense is also made more severe if it is committed by a public official or if information or communication technology is substantially used, and a provision regarding particularly cruel or torturous methods of commission is newly added. The strikethrough indicates that the previous, narrower wording is being replaced by a broader and more precise list, in particular by changing the phrase “forced labor or other forms of exploitation” to “forced labor or services,” with subsequent separate additions of other forms of exploitation.

Scope: Part Three–Part Three; § 71a–§ 71b; pages 1–7.

The amendment adds a new method for enforcing the collection of overdue child support to the main law: a bailiff could suspend a debtor’s firearms license, similar to how a driver’s license can be suspended today. Upon receipt of the order, the debtor would be prohibited from acquiring, possessing, or carrying specified firearms and ammunition and would be required to place them in safekeeping or surrender them to the police within 5 business days. The measure would be lifted, in particular, upon payment of child support or substitute child support, or if the firearms license is necessary for the debtor’s livelihood. The proposal thus strengthens the protection of children and the enforceability of child support obligations without requiring a new information system or impacting the state budget.

Scope: Part Three–Part Three; § 71a–§ 71b; pages 1–7.

The amendment adds a new enforcement tool for overdue child support to the main law: in addition to suspending a debtor’s driver’s license, a bailiff would now also be able to suspend the debtor’s firearms license. Upon receipt of the order, the debtor would be prohibited from acquiring, possessing, or carrying specified firearms and ammunition and would be required to place them in safekeeping or surrender them to the police within 5 business days. The measure would be lifted, in particular, upon payment of the overdue or substitute child support, or if the firearms license is necessary for the debtor to engage in gainful employment. The proposal thus increases pressure on child support defaulters, particularly for the benefit of minor children, without the need for a new information system.

Scope: Part Three–Part Three; § 34–§ 35; pages 1–4.

The amendment expands the main amendment to include changes to the statute of limitations for the most serious criminal offenses. Under the new provisions, murder under § 140(2) and other acts for which an exceptional penalty may be imposed shall be not subject to a statute of limitations if they intentionally caused or were intended to cause death; at the same time, the thirty-year statute of limitations for ordinary murder under § 140(1) is expressly retained. The bill also amends the existing provisions such that “terrorism” is removed from the relevant provision on the absence of a statute of limitations in this form, and similar changes are reflected in the criminal liability of legal entities. The aim is to enable the prosecution of the most serious intentional homicides without any time limit, even in the future.