Diversions

Criminal order


In practice, the most used diversion, especially for minor recidivism, is a criminal order. Only the public prosecutor can propose it. The court can issue a criminal order only when the public prosecutor presents sufficient evidence to establish the full facts. It is a shortened procedure of criminal proceedings, against which it is sufficient to file a protest in time (within 8 days of delivery), and then a standard criminal proceeding must take place, when the accusation must be heard in the main trial before the court. A criminal order is not a judgment, but without opposition it becomes enforceable.

Precisely because of the limited possibilities of defense of the accused, strict restrictions are set for the use of this diversion. With a criminal order, the court can only impose a sentence of 1. imprisonment for up to 1 year with a conditional suspension of its execution, 2. house arrest for up to 1 year, 3. a sentence of community service (only after the probation officer reports that such a sentence can be carried out), 4. the penalty of a ban on activity for up to 5 years, 6. an unlimited monetary penalty, 7. the penalty of confiscation of property or other property value, 8. expulsion for a maximum of 5 years, 9. a ban on residence for a maximum of 5 years, and finally 10. a ban on entry to sports, cultural and other social events for a maximum of 5 years.