Czechia Wants to Jail Operators of Illegal Care Homes: Police Set to Get New Powers

The Czech Ministry of Labour and Social Affairs is drafting amendments that would make running unregistered care homes for the elderly a criminal offence. Ministry spokesman Jakub Slavík confirmed the plans to Seznam Zprávy.

According to him, the ministry, together with the Ministry of Justice, will assess whether the current criminal code is sufficient or whether liability should be explicitly spelled out for the most serious cases — when the owner of an illegal facility keeps operating despite violations, endangers residents' life and health, or reaps significant financial gain.

Technically, such activity already falls under the offence of illegal business operation. But as Slavík explains, tightening the law would expand police powers: currently, inspectors are only allowed to enter such a facility if there is a specific suspicion of a crime. For the amendment to take effect, it would need to be approved by the government, then by the Chamber of Deputies and the Senate, and finally signed by the president.

In recent days, journalists personally visited several illegal care homes to see firsthand how they operate. Registration of such facilities is meant to guarantee oversight of service quality and ensure that elderly residents are cared for by qualified staff in safe conditions.

Jiří Horecký, president of the Association of Social Services Providers of the Czech Republic, was cautious about the initiative. "Personally, I'm not convinced this is the right approach," he said, noting that much depends on the specific details. In his view, it would be more effective to enforce existing rules properly and strengthen oversight by regional authorities, which are already responsible for such inspections, rather than introduce new legislation.

Kristýna Boušková, a lawyer with the ombudsman's office, believes the problem requires a systemic solution — addressing both its root causes (a shortage of suitable social services) and the effectiveness of penalties, of which a criminal statute could theoretically be one.

A separate challenge is actually holding offenders accountable. Horecký points out that owners of illegal facilities often manage to shut down their company and open a new one before proceedings are concluded. That's why, in his opinion, criminal liability should specifically target individuals rather than companies. Roman Celý (KDU-ČSL), deputy governor of the South Moravian Region for social policy, confirms this: by the time a case reaches court, years have passed, during which the founder simply closes the firm and opens a new one, dodging punishment.

According to the ombudsman's office, the highest number of illegal care homes is recorded precisely in the South Moravian Region. Owners often describe the business as just a common way to earn money locally — for instance, having picked up the "trade" while working as a caregiver in another such facility.

Experts warn that punishment alone won't solve the problem. The state lacks places in official, registered care homes, and unscrupulous operators exploit that gap. Sociologist Lucie Vidovičová of Masaryk University notes: "There's real demand, and society doesn't know how to meet it legally — so fraudsters step in."

The Ministry of Labour acknowledges the problem and is preparing amendments to the Social Services Act, focusing on rapid response when clients face immediate danger, tougher sanctions for repeat violations, and unified rules for regional authorities. Plans also include improving information-sharing between police, health authorities, regions and the ombudsman, as well as ensuring the safe transfer of elderly residents to other facilities when an illegal establishment is shut down.

A separate issue is staff shortages, which remain one of the main reasons licences are revoked even at legal facilities. It's impossible to determine the exact number of illegal care homes nationwide, but according to the ombudsman's office, the figure is thought to run to several dozen facilities. Providing social services without a licence carries a fine of up to two million crowns.

Source: seznamzpravy.cz