Conditional discontinuation of proceedings

In certain situations, it may be possible for the Court to discontinue the case even though the crime has occurred.

The effect of the so-called Conditional discontinuance of proceedings is the court issuing a verdict, but not convicting the perpetrator of the offense but only indicating the person and proving his guilt. The court, by issuing a judgment conditionally discontinuing the proceedings, means that the perpetrator will be found guilty of the act, but this is not tantamount to a conviction - no punishment is imposed and the proceedings are discontinued.

The redemption is conditional - it occurs for a probationary period of one to three years and runs from the judgment becoming final. The court may specify additional obligations of the perpetrator during the trial (e.g. hand him over to the guardian). During this time (and for six months after the end of the trial period), in the event that the perpetrator, for example, has committed another offense, the conditionally discontinued proceedings may still be taken.

The benefit of conditional discontinuance of proceedings is that the offender is not punished for a crime. Conditional discontinuation means that the perpetrator is still an "unpunished" person and the entry about conditional discontinuation of proceedings is removed relatively quickly from the National Criminal Record (after 6 months from the end of the trial period).

A request for conditional discontinuation can be made by the prosecutor (instead of an indictment) or by the accused himself, also through his lawyer.

The conditions for conditional discontinuance of proceedings are specified in the Criminal Code:

1. The crime in question is not punishable by imprisonment higher than 5 years.
2. The circumstances of the act do not raise any doubts.
3. The perpetrator has not previously been convicted of an intentional crime.
4. The culprit's guilt and social harm are not significant.
5. The perpetrator's attitude, properties and personal conditions and his current way of life justify the belief that despite discontinuing the proceedings, he will no longer violate the legal order.

[Legal status as at April 2020]