Conditional discontinuance of criminal proceeding

If someone has committed a crime and it is a proverbial "life mishap," it is worth exploring the possibility of terminating the proceedings through conditional discontinuance. This is a good solution because the offender does not appear in the criminal record, thus not hindering their life, for example, professionally. Conditional discontinuance of criminal proceedings is a legal institution that allows the court to refrain from convicting the perpetrator while imposing certain obligations on them. It is essential to consult with a lawyer regarding the possibility of utilizing this solution.

1. Who can benefit from conditional discontinuance?

• Offenders of crimes: Conditional discontinuance applies only to offenders of crimes, not misdemeanors. The crime must carry a penalty of imprisonment not exceeding 5 years.

• Unconvicted individuals: Those who have not been previously convicted of intentional crimes have a greater chance of obtaining conditional discontinuance.

• Prosecutor and defender: A request for conditional discontinuance can be submitted by the offender, their defender, or the prosecutor at any stage of the proceedings.

2. Conditions for Conditional Discontinuance

For the court to conditionally discontinue proceedings, the following conditions must be met:

• Low guilt and social harmfulness: Generally speaking, the offender's guilt and the social harmfulness of the act must not be significant. For example, conditional discontinuance would not be possible in cases like murder, but there are greater chances for lesser offenses.

• Clear circumstances of the act: The circumstances surrounding the commission of the crime must be unequivocal. This means that the offender must provide explanations, and there should be no doubt about who committed the crime, when, and where.

• Assumption of law compliance: The personal characteristics of the offender and their previous way of life must justify the assumption that they will comply with legal order. In simple terms, this refers to situations where it is clear that there was a life mishap, and applying harsh measures, such as imprisonment, could rather harm the offender.

3. Why is this a good solution?

• Avoiding stigmatization: Conditional discontinuance is not treated as a conviction, allowing offenders to avoid being recorded in criminal registers.

• Opportunity for improvement: It enables offenders to improve their behavior during probation, which benefits both them and society.

• No punishment: The offender does not face imprisonment as a consequence.

• Possibility of repairing damage: The court may impose an obligation on the offender to repair the damage caused, fostering accountability and reflection on their actions