Conditional discontinuation of criminal proceedings

In misdemeanor proceedings, with the consent of the accused, the court and in pre-trial proceedings the public prosecutor can conditionally stop the criminal prosecution, if

a) the accused confessed to the crime,

b) compensated the damage, if it was caused by the act, or entered into an agreement with the aggrieved party on its compensation, or took other necessary measures to compensate it,

c) released the unjustified enrichment obtained by the act, or concluded an agreement with the aggrieved party about its release, or took other appropriate measures for its release,

and considering the person of the accused, taking into account his life so far and the circumstances of the case, such a decision can reasonably be considered sufficient. In justified cases, other conditions may be attached to the above.

A probationary period of six months to two years is set in the decision on the conditional suspension of criminal prosecution. In case the accused led an orderly life during the probationary period, fulfilled the obligation to compensate for the damage caused, to issue unjust enrichment or another obligation to which he undertook to fulfill, and complied with other imposed restrictions, then the chairman of the senate (judge) and, in the preliminary proceedings, the public prosecutor, decides that he has proven himself. Otherwise, he decides, possibly even during the probationary period, that he has not proven himself and that the criminal prosecution continues. Exceptionally, the chairman of the senate and, in pre-trial proceedings, the public prosecutor, given the circumstances of the case and the accused person, may keep the conditional suspension of criminal prosecution in effect and set other conditions.

This diversion has the advantage that it does not result in a conviction, and therefore, unlike a conditional waiver of punishment, it is not reflected in the Criminal Record.

It must be remembered in particular that this diversion is limited to cases of misdemeanors, i.e. all negligent crimes and those intentional crimes for which the criminal law stipulates a prison sentence with an upper limit of the criminal rate of up to five years.