Diversions

Waiver of criminal prosecution


This is a form of diversion that is used in cases heard under the Juvenile Justice Act regime.

In proceedings for a misdemeanor for which the Criminal Code stipulates a prison sentence, the upper limit of which does not exceed three years, the youth court and in pre-trial proceedings the public prosecutor may, due to the lack of public interest, continue to prosecute the juvenile and taking into account the nature and seriousness of the offense and the person of the juvenile withdraw from the prosecution of the juvenile, if

a) criminal prosecution is not expedient and

b) punishment is not necessary to deter the juvenile from committing further offences.

Part of the decision to withdraw from criminal prosecution is also a statement on the suspension of criminal prosecution for the act in which the wrongdoing was observed, to which the withdrawal from criminal prosecution relates.

Criminal prosecution can be waived in particular if the juvenile has already successfully completed an appropriate probation program, the damage caused by the offense has been fully or at least partially compensated and the injured party has agreed to such compensation, the unjustified enrichment obtained by the offense has been fully or at least partially returned, and the injured party with such extent of restitution unjust enrichment, or the juvenile was given an admonition with a warning, and such a solution can be considered sufficient from the point of view of the purpose of the proceedings.