Are you being prosecuted? Did you know that it is possible to suspend the prosecution and avoid both a sentence and a criminal record? But only if certain conditions are met. You can read what conditions and how it actually works in this article.
Are you being prosecuted? Did you know that it is possible to suspend the prosecution and avoid both a sentence and a criminal record? But only if certain conditions are met. You can read what conditions and how it actually works in this article.
Conditional discontinuance of criminal prosecution is a legal institution that allows the suspension of criminal prosecution of the accused for a certain period of time under certain conditions. It is a provisional solution and a probationary period is provided for.
This procedure 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 a proper life in the future. In this case, the continuation of the criminal prosecution is considered unnecessary, as its conditional discontinuance represents a simpler method.
The whole idea is based on the assumption that for some persons the prosecution itself is believed to have an educational effect. At the same time, it also simplifies the whole process, which ultimately saves money and time for the law enforcement authorities.
Tip: Learn what criminal proceedings are and how they work.
Conditional discontinuance of criminal prosecution is one of the diversions in criminal proceedings. Diversions are alternative procedures for dealing with criminal matters outside of traditional court proceedings. They aim to make criminal proceedings more efficient and humanised, often with an emphasis on reforming the offender and compensating the victim without the need for a full trial. The most common forms of diversion in criminal proceedings include:
Tip: What is the role of the defence lawyer and the prosecutor in criminal proceedings? Find out in our article.
A special situation is the waiver of punishment. This is an exceptional situation where the court decides not to impose a penalty on the accused even though he has been found guilty of a crime. The reasons for waiving punishment may vary, but most often they are cases where the offender regrets his or her offence, is interested in reform, has led an orderly life and the offence is only a misdemeanour.
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A conditional discontinuation of criminal prosecution is possible if the following conditions are met:
Suspended prosecution is always accompanied by a probationary period of between six months and two years. This is the period of time during which the accused must comply with the conditions. These may include abstaining from certain acts and activities (e.g. not seeing certain people and having to attend a resocialisation programme).
During this period, the accused is monitored to ensure that he or she leads a good life and fulfils all the obligations imposed. The probationary period thus provides a timeframe for verifying whether the accused is actually correcting his behaviour. If the accused fulfils all the conditions, the prosecution is definitively discontinued and the accused is treated as if he had not been convicted. If the accused fails to meet the conditions, the prosecution continues. Similarly, if the accused violates the conditions during the probationary period or commits a new offence, the prosecution may be reopened.
Tip: Learn which mitigating circumstances can reduce your sentence.
A conditional discontinuance of prosecution is a process that requires certain conditions to be met, which we outlined in Chapter 3. Therefore, if you, as a defendant, want to apply for a conditional suspension of prosecution, you should do the following:
Tip: You should not go it alone when applying for a suspended sentence. There are a number of conditions that need to be met, which are best dealt with by an attorney.
It is not necessary to have the victim’s consent for a suspended prosecution to take place. However, if you are in this role and you disagree with the prosecutor’s or court’s decision, you can file a complaint with suspensive effect.
Tip: If you are a victim in a criminal case, you have special procedural rights that are good to know. We can help you enforce these rights.
Thecomplaint must be lodged with the authority that issued the contested order within three days of notification or service of the order. The complaint may be submitted in writing, orally on the record or electronically. The authority which issued the decision shall decide on the complaint only in the event of self-medication, i.e. if it upholds the complaint in full. In all other cases, the decision shall be taken by the superior authority designated by the Criminal Procedure Code.
The authority deciding on the complaint shall first examine its admissibility, i.e. whether it was lodged by a competent person and in good time. It may then examine the individual statements. The complaint shall again be decided by way of an order. In that order, the complaint may be dismissed on substantive or formal grounds, or the superior authority may set aside the contested order and either decide the matter afresh itself or order the authority against whose decision the complaint is directed to hear and decide the matter afresh.
Tip: Find out what other situations you can defend yourself in criminal proceedings by filing a complaint in our article.
Suspended prosecution is an effective legal instrument for dealing with minor offences, which allows the suspension of the prosecution of an accused person under certain conditions. This institute brings advantages for both the accused and the judicial system, saving time and resources. Conditions such as the accused’s confession, compensation for damages and the release of unjust enrichment are key. However, it should be borne in mind that cooperation with a lawyer is important for the successful use of this institution.
Were you charged and prosecuted? The stakes are really high and it doesn’t pay to go through the criminal process without consulting an attorney.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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