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| Meta Title | Duty to report or what you face if you fail to report a crime — Dostupný advokát |
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| Boilerpipe Text | If you witness a crime or are a victim of a crime, you are obliged to report it, with some exceptions. You also have a duty to stop the crime. Failure to do so may result in imprisonment. In this article, we will look at exactly who has a duty to report and what happens if you fail to report a crime. Finally, we’ll also look at a specific type of reporting duty related to child neglect.
Chapters of the article
What is the notification obligation and who has it
The duty to prevent a crime
Failure to report and prevent a crime
How to report a crime
Duty to report and child neglect
Summary
What is the notification obligation and who has it
The duty to report is the
obligation to report a crime to the prosecutor or the police
(in this case, the soldier has the obligation to report the crime to his or her superior).
The Criminal Code
sets out the types of offences to which this obligation applies. These include
more serious offences
such as murder, grievous bodily
harm
, torture, trafficking in human beings and counterfeiting of money.
Every person is therefore obliged to report, except where
by reporting he or she could place himself or herself or a person close to him or her in danger of
death, bodily harm or other serious harm or prosecution.
A lawyer and his or her employees who become aware of the commission of a
crime
in connection with the practice of law or the practice of law
are also exempt from the duty to report. Furthermore, clergymen of registered churches and religious societies who learn of the commission of a crime
in the context of a confession
. A person who provides assistance to victims of the crime of trafficking in human beings and deprivation of personal liberty is also not subject to the notification obligation.
Even though doctors have a duty of confidentiality, this duty of confidentiality does not apply to whistleblowing. Therefore, if you have committed a crime, you should not confide in the doctor.
Obligation to prevent a crime
The duty to report a crime is also linked to the duty to prevent a crime. This duty means that if someone becomes aware of the preparation or commission of a crime, they have a
duty to prevent it from being committed or completed
. Prevention may be by direct action or by timely notification to
the prosecutor
or the police (in this case, the soldier has a duty to prevent the crime by notifying his or her superior).
This duty is not owed by a person who
could not have prevented the offence without considerable hardship or without exposing himself or herself or a person close to him or her to the risk of
death, bodily harm or other serious injury or prosecution.
However, placing a close person in danger of prosecution does not apply to a number of crimes related to subversion of the Republic, terrorism, war, attack against humanity, etc. Thus, in this case, the duty to prevent the crime remains.
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Failure to report and prevent a crime
If you fail to comply with your duty and do not report or report a crime, you can be
imprisoned
for up
to three years
. However, despite these rules and consequences, many crimes go unreported, including by victims of crime. The specific numbers vary according to the nature of the crime. Property
crimes
are reported by the majority of victims, while a much lower percentage report crimes with a sexual motive or
domestic violence
, for example.
The decision not to report a crime is often understandable. Often the main reason is
shame and fear of social condemnation
. In addition, people may distrust the police or the legal system and feel that reporting will not make a difference anyway.
Nevertheless, crimes should be reported.
Indeed, reporting a crime is crucial to
protect other potential victims
. Another important reason is justice and accountability. Reporting a crime allows the perpetrator to be brought to justice and
face the consequences of their actions
, which is essential to achieving justice.
In addition, from the point of view of community safety, reporting a crime has a
deterrent effect
on potential criminals. When crimes are regularly reported and perpetrators are punished, it strengthens citizens’ confidence in the legal and security system of the state.
How to report a crime
You can file a criminal complaint
at any Police Department or prosecutor’s office
. You can submit it in writing or orally. It should contain information about when the crime took place, who committed it, what exactly was involved, etc. The police will then investigate and, if they have sufficient evidence, prosecution will be initiated.
Duty to report and child neglect
A specific type of notification obligation is the notification obligation, which is regulated by
the Act on Social and Legal Protection of Children
. This is the
obligation to report a child at risk to the child welfare authority
. Let’s take a look at who this obligation applies to and in what cases it arises.
Who is a child at risk
The obligation
arises when a child is at risk
. The concept of a child at risk is not legally defined, but in the law we can find a list of characteristics of a child at risk. However, this is not exhaustive and serves more as a demonstration. Each case is assessed individually.
For example, the following are children:
whose parents are deceased, do not fulfil the obligations arising from parental responsibility, or do not exercise or abuse the rights arising from parental responsibility;
who have been entrusted to the care of another person, if that person fails to fulfil the obligations arising from the entrustment of the child to his or her care;
who lead an idle or immoral life consisting in particular of: neglecting school, not working, using alcohol or addictive substances, being at risk of addiction, living in prostitution, committing a criminal offence (or an otherwise criminal offence), repeatedly or systematically committing misdemeanours or otherwise endangering civil coexistence;
who repeatedly run away from their parents or other persons responsible for their upbringing;
on whom a criminal offence has been committed which threatens their life, health, liberty, human dignity, moral development or property, or where there is a suspicion of such an offence;
who, at the request of their parents or other persons responsible for their upbringing, are repeatedly placed in institutions providing continuous care for children or whose placement in such institutions lasts longer than 6 months;
who are threatened by violence between parents or other persons responsible for the upbringing of the child, or violence between other persons;
who are applicants for international protection, asylum seekers or persons enjoying subsidiary protection, and who are in the territory of the Czech Republic without the accompaniment of their parents or other persons responsible for their upbringing.
An important condition is that the above-mentioned facts must last for such a period of time or be of such intensity that they
adversely affect the development of the children
or are or may be the cause of the adverse development of the children.
Who has a duty to report
The notification obligation in this case does not apply to all persons, but to
a predefined list of subjects
. Specifically, this includes public authorities, authorised persons, schools, educational establishments, health service providers and other facilities for children (e.g. children’s and youth homes, child psychologists, etc.). However, anyone can report child neglect, including children themselves. In this case, however, it is not an obligation but a
notification right
.
Summary
The obligation to report a crime to the prosecutor or the police, or to prevent its commission, is imposed on
all persons, with a few specific exceptions
. Failure to comply with these obligations can lead to a
prison sentence of up to three years
. A specific reporting obligation applies to cases of
child neglect
. This obligation lies primarily with state authorities, schools and health care facilities, but
anyone can file a report
.
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# Duty to report or what you face if you fail to report a crime
[JUDr. Ondřej Preuss, Ph.D.](https://dostupnyadvokat.cz/en/o-nas/ondrej-preuss)
19\. June 2024
7 minutes of reading
7 minutes of reading
[Criminal law](https://dostupnyadvokat.cz/en/rubrika/criminal-law)
If you witness a crime or are a victim of a crime, you are obliged to report it, with some exceptions. You also have a duty to stop the crime. Failure to do so may result in imprisonment. In this article, we will look at exactly who has a duty to report and what happens if you fail to report a crime. Finally, we’ll also look at a specific type of reporting duty related to child neglect.
#### Chapters of the article
- [What is the notification obligation and who has it](https://dostupnyadvokat.cz/en/blog/duty-to-report#co-je-to-oznamovaci-povinnost)
- [The duty to prevent a crime](https://dostupnyadvokat.cz/en/blog/duty-to-report#povinnost-prekazit-trestny-cin)
- [Failure to report and prevent a crime](https://dostupnyadvokat.cz/en/blog/duty-to-report#neoznameni-a-neprekazeni-trestneho-cinu)
- [How to report a crime](https://dostupnyadvokat.cz/en/blog/duty-to-report#jak-na-oznameni-trestneho-cinu)
- [Duty to report and child neglect](https://dostupnyadvokat.cz/en/blog/duty-to-report#oznamovaci-povinnost-a-zanedbani-pece)
- [Summary](https://dostupnyadvokat.cz/en/blog/duty-to-report#shrnuti)
## What is the notification obligation and who has it
The duty to report is the **obligation to report a crime to the prosecutor or the police** (in this case, the soldier has the obligation to report the crime to his or her superior). [The Criminal Code](https://dostupnyadvokat.cz/en/blog/criminal-code-and-criminal-procedure-code) sets out the types of offences to which this obligation applies. These include **more serious offences** such as murder, grievous bodily [harm](https://dostupnyadvokat.cz/en/blog/criminal-offence-of-bodily-harm), torture, trafficking in human beings and counterfeiting of money.
Every person is therefore obliged to report, except where **by reporting he or she could place himself or herself or a person close to him or her in danger of** death, bodily harm or other serious harm or prosecution.
A lawyer and his or her employees who become aware of the commission of a [crime](https://dostupnyadvokat.cz/en/blog/what-crime-divide) **in connection with the practice of law or the practice of law** are also exempt from the duty to report. Furthermore, clergymen of registered churches and religious societies who learn of the commission of a crime **in the context of a confession**. A person who provides assistance to victims of the crime of trafficking in human beings and deprivation of personal liberty is also not subject to the notification obligation.
> Even though doctors have a duty of confidentiality, this duty of confidentiality does not apply to whistleblowing. Therefore, if you have committed a crime, you should not confide in the doctor.
## Obligation to prevent a crime
The duty to report a crime is also linked to the duty to prevent a crime. This duty means that if someone becomes aware of the preparation or commission of a crime, they have a **duty to prevent it from being committed or completed**. Prevention may be by direct action or by timely notification to [the prosecutor](https://dostupnyadvokat.cz/en/blog/prosecutors) or the police (in this case, the soldier has a duty to prevent the crime by notifying his or her superior).
This duty is not owed by a person who **could not have prevented the offence without considerable hardship or without exposing himself or herself or a person close to him or her to the risk of** death, bodily harm or other serious injury or prosecution.
However, placing a close person in danger of prosecution does not apply to a number of crimes related to subversion of the Republic, terrorism, war, attack against humanity, etc. Thus, in this case, the duty to prevent the crime remains.
Are you solving a similar problem?
### Are you considering filing a criminal complaint?
Have you been a victim or witness to a crime, are you considering filing a criminal complaint? We can advise you on how to proceed. We will protect your rights quickly, efficiently and profitably.
[I want to help](https://dostupnyadvokat.cz/en/criminal-law/criminal-complaint)
- When you order, you know what you will get and how much it will cost.
- We handle everything online or in person [at one of our 6 offices](https://dostupnyadvokat.cz/en/contact#mapa).
- We handle 8 out of 10 requests within 2 working days.
- We have specialists for every field of law.
## Failure to report and prevent a crime
If you fail to comply with your duty and do not report or report a crime, you can be **[imprisoned](https://dostupnyadvokat.cz/en/blog/about-imprisonment)** for up **to three years**. However, despite these rules and consequences, many crimes go unreported, including by victims of crime. The specific numbers vary according to the nature of the crime. Property [crimes](https://dostupnyadvokat.cz/en/blog/what-crime-divide) are reported by the majority of victims, while a much lower percentage report crimes with a sexual motive or [domestic violence](https://dostupnyadvokat.cz/en/blog/what-domestic-violence), for example.
Tip for article
**Tip**: [What is a crime and how do we divide crimes?](https://dostupnyadvokat.cz/en/blog/what-crime-divide) Find out in our article.
The decision not to report a crime is often understandable. Often the main reason is **shame and fear of social condemnation**. In addition, people may distrust the police or the legal system and feel that reporting will not make a difference anyway. **Nevertheless, crimes should be reported.**
Indeed, reporting a crime is crucial to **protect other potential victims**. Another important reason is justice and accountability. Reporting a crime allows the perpetrator to be brought to justice and **face the consequences of their actions**, which is essential to achieving justice.
In addition, from the point of view of community safety, reporting a crime has a **deterrent effect** on potential criminals. When crimes are regularly reported and perpetrators are punished, it strengthens citizens’ confidence in the legal and security system of the state.
Tip for article
**Tip**: Read what [criminal liability](https://dostupnyadvokat.cz/en/blog/criminal-liability) is [and what the Criminal Code says about it](https://dostupnyadvokat.cz/en/blog/criminal-liability).
## How to report a crime
You can file a criminal complaint **at any Police Department or prosecutor’s office**. You can submit it in writing or orally. It should contain information about when the crime took place, who committed it, what exactly was involved, etc. The police will then investigate and, if they have sufficient evidence, prosecution will be initiated.
Tip for article
**Tip**: [How do I file a criminal complaint so that it is dealt with?](https://dostupnyadvokat.cz/en/blog/file-criminal-complaint) We have discussed this in detail in our article.
## Duty to report and child neglect
A specific type of notification obligation is the notification obligation, which is regulated by [the Act on Social and Legal Protection of Children](https://dostupnyadvokat.cz/zakony/o-socialne-pravni-ochrane-deti). This is the **obligation to report a child at risk to the child welfare authority**. Let’s take a look at who this obligation applies to and in what cases it arises.
### Who is a child at risk
The obligation **arises when a child is at risk**. The concept of a child at risk is not legally defined, but in the law we can find a list of characteristics of a child at risk. However, this is not exhaustive and serves more as a demonstration. Each case is assessed individually. **For example, the following are children:**
- whose parents are deceased, do not fulfil the obligations arising from parental responsibility, or do not exercise or abuse the rights arising from parental responsibility;
- who have been entrusted to the care of another person, if that person fails to fulfil the obligations arising from the entrustment of the child to his or her care;
- who lead an idle or immoral life consisting in particular of: neglecting school, not working, using alcohol or addictive substances, being at risk of addiction, living in prostitution, committing a criminal offence (or an otherwise criminal offence), repeatedly or systematically committing misdemeanours or otherwise endangering civil coexistence;
Tip for article
**Tip**: We have discussed [the criminal liability of minors](https://dostupnyadvokat.cz/en/blog/criminal-liability-juveniles) in our article.
- who repeatedly run away from their parents or other persons responsible for their upbringing;
- on whom a criminal offence has been committed which threatens their life, health, liberty, human dignity, moral development or property, or where there is a suspicion of such an offence;
- who, at the request of their parents or other persons responsible for their upbringing, are repeatedly placed in institutions providing continuous care for children or whose placement in such institutions lasts longer than 6 months;
- who are threatened by violence between parents or other persons responsible for the upbringing of the child, or violence between other persons;
- who are applicants for international protection, asylum seekers or persons enjoying subsidiary protection, and who are in the territory of the Czech Republic without the accompaniment of their parents or other persons responsible for their upbringing.
An important condition is that the above-mentioned facts must last for such a period of time or be of such intensity that they **adversely affect the development of the children** or are or may be the cause of the adverse development of the children.
### Who has a duty to report
The notification obligation in this case does not apply to all persons, but to **a predefined list of subjects**. Specifically, this includes public authorities, authorised persons, schools, educational establishments, health service providers and other facilities for children (e.g. children’s and youth homes, child psychologists, etc.). However, anyone can report child neglect, including children themselves. In this case, however, it is not an obligation but a **notification right**.
## Summary
The obligation to report a crime to the prosecutor or the police, or to prevent its commission, is imposed on **all persons, with a few specific exceptions**. Failure to comply with these obligations can lead to a **prison sentence of up to three years**. A specific reporting obligation applies to cases of **child neglect**. This obligation lies primarily with state authorities, schools and health care facilities, but **anyone can file a report**.
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**Education**
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| Readable Markdown | If you witness a crime or are a victim of a crime, you are obliged to report it, with some exceptions. You also have a duty to stop the crime. Failure to do so may result in imprisonment. In this article, we will look at exactly who has a duty to report and what happens if you fail to report a crime. Finally, we’ll also look at a specific type of reporting duty related to child neglect.
#### Chapters of the article
- [What is the notification obligation and who has it](https://dostupnyadvokat.cz/en/blog/duty-to-report#co-je-to-oznamovaci-povinnost)
- [The duty to prevent a crime](https://dostupnyadvokat.cz/en/blog/duty-to-report#povinnost-prekazit-trestny-cin)
- [Failure to report and prevent a crime](https://dostupnyadvokat.cz/en/blog/duty-to-report#neoznameni-a-neprekazeni-trestneho-cinu)
- [How to report a crime](https://dostupnyadvokat.cz/en/blog/duty-to-report#jak-na-oznameni-trestneho-cinu)
- [Duty to report and child neglect](https://dostupnyadvokat.cz/en/blog/duty-to-report#oznamovaci-povinnost-a-zanedbani-pece)
- [Summary](https://dostupnyadvokat.cz/en/blog/duty-to-report#shrnuti)
## What is the notification obligation and who has it
The duty to report is the **obligation to report a crime to the prosecutor or the police** (in this case, the soldier has the obligation to report the crime to his or her superior). [The Criminal Code](https://dostupnyadvokat.cz/en/blog/criminal-code-and-criminal-procedure-code) sets out the types of offences to which this obligation applies. These include **more serious offences** such as murder, grievous bodily [harm](https://dostupnyadvokat.cz/en/blog/criminal-offence-of-bodily-harm), torture, trafficking in human beings and counterfeiting of money.
Every person is therefore obliged to report, except where **by reporting he or she could place himself or herself or a person close to him or her in danger of** death, bodily harm or other serious harm or prosecution.
A lawyer and his or her employees who become aware of the commission of a [crime](https://dostupnyadvokat.cz/en/blog/what-crime-divide) **in connection with the practice of law or the practice of law** are also exempt from the duty to report. Furthermore, clergymen of registered churches and religious societies who learn of the commission of a crime **in the context of a confession**. A person who provides assistance to victims of the crime of trafficking in human beings and deprivation of personal liberty is also not subject to the notification obligation.
> Even though doctors have a duty of confidentiality, this duty of confidentiality does not apply to whistleblowing. Therefore, if you have committed a crime, you should not confide in the doctor.
## Obligation to prevent a crime
The duty to report a crime is also linked to the duty to prevent a crime. This duty means that if someone becomes aware of the preparation or commission of a crime, they have a **duty to prevent it from being committed or completed**. Prevention may be by direct action or by timely notification to [the prosecutor](https://dostupnyadvokat.cz/en/blog/prosecutors) or the police (in this case, the soldier has a duty to prevent the crime by notifying his or her superior).
This duty is not owed by a person who **could not have prevented the offence without considerable hardship or without exposing himself or herself or a person close to him or her to the risk of** death, bodily harm or other serious injury or prosecution.
However, placing a close person in danger of prosecution does not apply to a number of crimes related to subversion of the Republic, terrorism, war, attack against humanity, etc. Thus, in this case, the duty to prevent the crime remains.
Are you solving a similar problem?
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## Failure to report and prevent a crime
If you fail to comply with your duty and do not report or report a crime, you can be **[imprisoned](https://dostupnyadvokat.cz/en/blog/about-imprisonment)** for up **to three years**. However, despite these rules and consequences, many crimes go unreported, including by victims of crime. The specific numbers vary according to the nature of the crime. Property [crimes](https://dostupnyadvokat.cz/en/blog/what-crime-divide) are reported by the majority of victims, while a much lower percentage report crimes with a sexual motive or [domestic violence](https://dostupnyadvokat.cz/en/blog/what-domestic-violence), for example.
The decision not to report a crime is often understandable. Often the main reason is **shame and fear of social condemnation**. In addition, people may distrust the police or the legal system and feel that reporting will not make a difference anyway. **Nevertheless, crimes should be reported.**
Indeed, reporting a crime is crucial to **protect other potential victims**. Another important reason is justice and accountability. Reporting a crime allows the perpetrator to be brought to justice and **face the consequences of their actions**, which is essential to achieving justice.
In addition, from the point of view of community safety, reporting a crime has a **deterrent effect** on potential criminals. When crimes are regularly reported and perpetrators are punished, it strengthens citizens’ confidence in the legal and security system of the state.
## How to report a crime
You can file a criminal complaint **at any Police Department or prosecutor’s office**. You can submit it in writing or orally. It should contain information about when the crime took place, who committed it, what exactly was involved, etc. The police will then investigate and, if they have sufficient evidence, prosecution will be initiated.
## Duty to report and child neglect
A specific type of notification obligation is the notification obligation, which is regulated by [the Act on Social and Legal Protection of Children](https://dostupnyadvokat.cz/zakony/o-socialne-pravni-ochrane-deti). This is the **obligation to report a child at risk to the child welfare authority**. Let’s take a look at who this obligation applies to and in what cases it arises.
### Who is a child at risk
The obligation **arises when a child is at risk**. The concept of a child at risk is not legally defined, but in the law we can find a list of characteristics of a child at risk. However, this is not exhaustive and serves more as a demonstration. Each case is assessed individually. **For example, the following are children:**
- whose parents are deceased, do not fulfil the obligations arising from parental responsibility, or do not exercise or abuse the rights arising from parental responsibility;
- who have been entrusted to the care of another person, if that person fails to fulfil the obligations arising from the entrustment of the child to his or her care;
- who lead an idle or immoral life consisting in particular of: neglecting school, not working, using alcohol or addictive substances, being at risk of addiction, living in prostitution, committing a criminal offence (or an otherwise criminal offence), repeatedly or systematically committing misdemeanours or otherwise endangering civil coexistence;
- who repeatedly run away from their parents or other persons responsible for their upbringing;
- on whom a criminal offence has been committed which threatens their life, health, liberty, human dignity, moral development or property, or where there is a suspicion of such an offence;
- who, at the request of their parents or other persons responsible for their upbringing, are repeatedly placed in institutions providing continuous care for children or whose placement in such institutions lasts longer than 6 months;
- who are threatened by violence between parents or other persons responsible for the upbringing of the child, or violence between other persons;
- who are applicants for international protection, asylum seekers or persons enjoying subsidiary protection, and who are in the territory of the Czech Republic without the accompaniment of their parents or other persons responsible for their upbringing.
An important condition is that the above-mentioned facts must last for such a period of time or be of such intensity that they **adversely affect the development of the children** or are or may be the cause of the adverse development of the children.
### Who has a duty to report
The notification obligation in this case does not apply to all persons, but to **a predefined list of subjects**. Specifically, this includes public authorities, authorised persons, schools, educational establishments, health service providers and other facilities for children (e.g. children’s and youth homes, child psychologists, etc.). However, anyone can report child neglect, including children themselves. In this case, however, it is not an obligation but a **notification right**.
## Summary
The obligation to report a crime to the prosecutor or the police, or to prevent its commission, is imposed on **all persons, with a few specific exceptions**. Failure to comply with these obligations can lead to a **prison sentence of up to three years**. A specific reporting obligation applies to cases of **child neglect**. This obligation lies primarily with state authorities, schools and health care facilities, but **anyone can file a report**.
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***
### Are you solving a similar problem?
### Filing a criminal complaint
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