How to defend yourself
Diversions
Diversions are alternative ways of dealing with criminal proceedings. In this case, the criminal prosecution does not end in the "standard" way, i.e. with a judgment convicting or acquitting the accused.
All types of diversion require a certain level of cooperation by the accused and his or her confession to the alleged criminal activity, or a legally prescribed effort to remedy the illegal situation. In exchange, the accused may receive a lighter sentence or may walk away completely unpunished (with a clean criminal record).
While diversions are not a defense as such, sometimes achieving them is a better option than relying on an acquittal in a trial.
What diversions are applicable?
Criminal order
In practice, the most used diversion, especially for minor recidivism, is a criminal order.
Plea bargain
An agreement on the guilt and punishment is a frequently used form of diversion, applicable in all cases.
Settlement
Following the settlement, the criminal prosecution ends with a clean criminal record for the accused.
Conditional discontinuation of criminal proceedings
The accused is put on probation and the criminal prosecution ends without a clean criminal record.
Conditional suspension of filing a motion for punishment
Diversion in summary pre-trial proceedings, very similar to conditional discontinuation of criminal proceedings.
Waiver of criminal prosecution (juvenile only)
Form of diversion which is used in cases heard under the Juvenile Justice Act regime.