Diversions in criminal proceedings are an opportunity to avoid a main trial in court. This is a relatively new concept, which appeared in the Czech Republic only in the 1990s. It brings with it a number of advantages for busy courts, but also for the offenders themselves. In this article, we will take a closer look at all six types of these diversions.
If a criminal offence is committed, a criminal prosecution is initiated. This then traditionally leads to a main trial before a court with subsequent sentencing. However, this process is very administratively demanding and also expensive. For this reason, so-called diversions in criminal proceedings have arisen. These allow a criminal case to be dealt with outside the standard court process, saving the courts time and the state money.
However, they cannot always be used. They are decided by the court or the public prosecutor in the context of pre-trial proceedings, especially in cases where a fair solution can be reached without the need to conduct a full criminal trial. Diversions are thus used more for less serious crimes and where the likelihood of the offender’s rehabilitation is higher and where an amicable resolution of the conflict between the offender and the victim can be achieved.
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There are six types of diversions in criminal proceedings. Let’s take a closer look at each type:
Aconditional discontinuance of criminal prosecution is a legal institution that allows the discontinuance of criminal prosecution under certain conditions for a specified period of time. It is used in cases where it is foreseeable that a suspended prison sentence would be imposed on the person being prosecuted and that the accused will lead an orderly life in the future.
The conditions for conditional discontinuance of criminal prosecution include:
A probationary period is also always imposed when the prosecution is suspended. This is the period of time during which the accused must comply with the conditions. These may include abstaining from certain actions and activities (e.g. not seeing certain people and having to attend a resocialisation programme). It is set at six months to two years. If the accused meets all the conditions, the prosecution is definitively discontinued and the accused is treated as if he had not been convicted.
Tip: We have discussed the conditional suspension of criminal prosecution in detail in our next article. Read more about how to apply for it or how to defend yourself as a victim.
Acriminal warrant is a decision of a court in criminal proceedings that is issued without a trial. Here, too, it is necessary that the specified conditions are met:
Tip: Read more about the criminal order and how to appeal it in the next article.
A pleabargain consists of the defendant signing an agreement in which he or she agrees to plead guilty in exchange for a more lenient approach to sentencing. A guilty plea by the accused is a condition. It cannot be concluded in the case of particularly serious crimes (i.e. with a minimum sentence of 10 years’ imprisonment ) or if the accused is prosecuted as a fugitive.
Tip: We have a separate article on the topic of plea bargaining. In it, you will learn when it can be concluded, what to do and how it is approved.
A settlement is based on the accused and the victim reaching an agreement that will repair the damage or injury caused. The interest of the victim is paramount in this case, the punishment of the accused is secondary. Settlement can be reached if certain conditions are met:
A conditional stay of the filing of a motion for punishment allows the prosecutor to postpone the filing of a motion for punishment of the accused under certain conditions (these are virtually identical to those of the above-mentioned conditional stay of prosecution). This institution is intended to give the accused a chance to correct his behaviour without the need to continue the criminal proceedings. It is therefore a kind of warning given to the accused before his case is brought before the court.
Unlike a suspended sentence,there is no need for the accused’s consent and the probationary period can be up to five years. However, a complaint with suspensive effect can be lodged against the decision.
Tip: Has the court ruled against you and do you want to defend yourself? We will assess your chances of success and take care of preparing an appeal, appeal or constitutional complaint depending on the proceedings and the stage they are at.
This is a special departure from criminal proceedings that can only be used for juvenile offenders, i.e. persons under the age of 18. It may be used if the conditions are met:
In practice, diversion is particularly appropriate in cases where the juvenile offender has completed a probation programme, made restitution or received a cautionary warning.
As we announced in the introduction, diversions in criminal proceedings carry with them a number of benefits for the court system and the offenders themselves:
Diversions allow criminal cases to be resolved outside of the normal court process, saving time and costs. The main institutes include conditional discontinuance of prosecution, plea bargaining, sentencing order, settlement, conditional deferral of filing a petition for punishment and diversion in youth cases. Each of these institutes has its own specific conditions and purposes, which are set out for the effective and fair handling of different types of criminal cases.
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