Přestupek
A misdemeanour: an offence handled by administrative authorities rather than criminal courts — from speeding to minor property harm.
Under Czech law
Misdemeanour liability is governed by the Misdemeanour Liability Act (Act No. 250/2016 Sb.), with individual offences defined in sector laws — road traffic (Act No. 361/2000 Sb.), public order, business regulation. Liability of individuals generally requires fault (culpability, § 15), while entrepreneurs and companies face objective liability with a due-diligence defence (§ 21). Sanctions include fines, bans on activity, and forfeiture; proceedings follow the Administrative Procedure Code, and the accused enjoys criminal-style guarantees — presumption of innocence and the right not to incriminate oneself, which the case law of the administrative courts takes seriously.
Many traffic offences can be handled on the spot by fixed penalty (příkaz na místě); refusing it sends the case into ordinary proceedings, where the authority must actually prove the offence.
A practical example
A driver is accused of using a phone behind the wheel; the officer offers an on-the-spot fine. The driver disputes the facts and refuses. In the proceedings, the only evidence is one officer''s testimony against the driver''s consistent denial and a passenger''s statement. Applying in dubio pro reo, the authority discontinues — an outcome unavailable to those who sign first and think later.
When you need a lawyer
Where points, a driving ban, or a business-activity ban are on the table, or where a misdemeanour record would collide with licensing. Also whenever the authority pressures a quick admission: what is signed on the roadside is nearly impossible to unwind.
Lawyers for this area
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