The prosecutor can enclose with the indictment a motion for conviction and adjudication of the penalties previously agreed with the defendant. This form of completion of the proceedings considerably shortens their duration and enables the defendant to agree on the penalty with the prosecutor.
The motion can be granted on condition that:
- A given offence is a misdemeanour (a motion cannot be filed if the defendant is charged with a felony).
- The circumstances of committing the act do not raise doubts.
- The perpetrator's conduct indicates that the aims of the procedure shall be achieved also without a trial.
- The aggrieved party does not object to the motion.
Granting the motion, the court can use extraordinary mitigation of punishment, conditionally suspend execution of the penalty or refrain from imposing punishment and adjudicate on a punitive measure instead.
[Legal status as at July 2015]