Czech substantive criminal law is undergoing one of its biggest changes ever. At the beginning of 2026, an amendment to the Criminal Code containing many changes will come into effect. Among these changes is the strengthening of criminal law instruments regarding prosecution and punishment of the so-called prejudice-based violence. What is prejudice-based violence? How does the Czech Criminal law deal with prejudicial motives? And what changes does the amendment bring in the area of prejudice-based violence?
Prejudicial violence, generally known as hate crime, is violence committed against a victim because of one of their unchangeable characteristics. Most often, these characteristics include race, nationality, religion, political beliefs, or sexual orientation. These are hateful attacks against victims because of a characteristic that forms the very identity of the victim. This is why hate crime is often more hurtful than other forms of non-hate motivated violence without the prejudicial motive. Hate crime can take many forms, such as physical, verbal, or symbolic demonstrative attacks. These attacks can happen offline and online.
The most common reasons behind hate attacks are the victim's nationality, ethnicity, and skin color. The nationality-focused hate attacks have been particularly prominent since the start of the war in Ukraine and the associated migration wave.
Less prominent, but not insignificant, are prejudicial motives towards, for example, someone´s sexual orientation, gender identity, disability, religion, political opinions, or membership in a particular social group (for example, homelessness). Some of these less common prejudicial motives have not yet been sufficiently protected by criminal law. This is precisely why there has been a call for an amendment to the Criminal Code that would fairly take into account more (ideally all) prejudicial motives.
How does Czech criminal law deal with prejudicial motives?
Prejudicial motives are addressed on three levels in the Czech Criminal Code. The first is prejudicial motive as a general aggravating circumstance under Section 42(b) of the Criminal Code. Its fulfillment should lead the court to impose a higher penalty for the crime committed, but still within the penalty range specified in a special section of the Criminal Code.
The second level is a prejudicial motive that constitutes an element of the qualified factual basis of a crime (for example, the crime of murder under the Section 140(3)(g)). In this case, the overall penalty range is increased.
At the third level, prejudicial motive is an element of the subjective aspect of crimes under Sections 352, 355, and 356 of the Criminal Code.
European level
The Czech Republic is one of the twenty seven EU member states with the lowest level of protection for particular vulnerable groups. These include people with disabilities and members of the LGBTQ+ community. Research conducted by In Iustitia shows that 58% of people with disabilities have experienced prejudice-based violence. 55% of LGBTQ+ people have experienced threats, harassment, or intimidation because of their gender identity or sexual orientation.
It can be rather difficult to recognize and prove a prejudicial motive. A tool for recognizing it can be a system of so-called prejudice indicators, which was established in its case law (see, for example, Balász v. Hungary) by the European Court of Human Rights (ECtHR). The indicators are signs that indicate the presence of a prejudicial motive. Specifically, these are signs on the part of the victim, the attacker, signs in the manner of the attack, and signs related to the place and time of the attack.
The ECtHR has long stated that it is a positive obligation of the state to conduct effective investigation into the hate crime and its possible prejudicial motive. ECtHR has based this positive obligation primarily on Articles 3 and 14 of the European Convention on Human Rights. The amendment to the Criminal Code can be considered as the next step leading to the fulfilment of this requirement.
What is new about the protection of victims of hate crime?
In general, the amendment to the Criminal Code is intended to provide better protection for a wider range of victims of hate crime. The groups covered by the general aggravating circumstances in Section 42(b) are being expanded. For a long time, prejudice has not been adequately taken into account regarding crimes committed on the basis of disability, gender, sexual orientation, age, or membership in a particular social group of victims (for example, homelessness). It is precisely these prejudicial reasons that will be added to the list, thus providing adequate criminal law protection for a wider range of victims.
In addition, certain qualified elements of the offense, that will take into account the attacker's prejudiced motivation, will be added. Therefore, the prejudicial motivation will be regarded in other crimes (for example, rape, disorderly conduct, and others). Law enforcement authorities will have to assess whether a certain crime involves a hate motive. If so, it would constitute a qualified factual basis that would lead to a higher penalty range.
It is important to realize that prejudice-based violence cannot be dealt with only by the means of criminal law. Excessive criminalization can, in fact, be counterproductive in this case.
In June of this year, the government took note of the document "Strategic recommendations for a comprehensive solution to the problem of prejudice-based violence and hate speech." In addition to criminalization, the document also emphasizes prevention, awareness-raising, and education. This could be the key to gradually changing the course of society.
However, it is clear that prejudice-based violence cannot be completely suppressed. Criminal law regulation responds to social demands and sends a signal that prejudice-based violence cannot be tolerated.
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Explanatory memorandum to the law No. 270/2025 Coll., amending the law No. 40/2009 Coll., penal code, as amended and other relevant laws.
