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Called For An Interview? Consult With A Criminal Defence Lawyer

Postponement of criminal prosecution or opportunity, as it is usually colloquially called among lawyers, is a relatively new institute of criminal law in our legal system. The existence of such an institute in criminal law is absolutely justified, of course if it is applied in accordance with the law and if the arbitrariness of the state body that applies it, namely the basic prosecutor's offices Jeffrey J. Gindin, Q.C. criminal lawyer, is reduced to a minimum, i.e., if the application of this institute is minimized. the extent depends on the personality of the prosecutor who decides on it. 

Opportunity or postponement of criminal prosecution, in one sentence, means that the prosecution will reject the criminal report against the suspect, if he previously fulfills an obligation he undertook, and in agreement with the prosecution. 

Opportunity - when it can be applied 

The first and practically the only condition for the application of the postponement of criminal prosecution provided is that the suspect be charged with committing a criminal offense punishable by a fine or imprisonment for up to 5 years. Therefore, it is not possible to apply the opportunity when it comes to serious crimes and such a solution is completely logical if we keep in mind that the consequence for the suspect, after fulfilling the obligation, is practically non-existent and that he is in the position of a person against whom no criminal offense has been committed. procedure. 

The use of opportunity in serious crimes would not be justified for another reason. 

If the prosecution and the suspects agree on the application of the postponement of the criminal prosecution, and the suspect fulfills the obligation, the prosecution will reject the criminal report and against that decision on the rejection, damaged our right to object, which the prosecutor has when he rejects the criminal report. 

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Opportunity application procedure 

The role of the defense counsel in the agreements with the prosecutor's office is, in the first place, to convince the prosecutor of the justification for postponing the criminal prosecution, if he did not initially think so, and then, as in any other criminal procedure, to choose the best conditions for his client. "The best possible conditions" mean determining the obligation that best suits the suspect's personality, as well as the amount of the monetary donation, the number of hours of socially useful work, etc., depending on what the obligation consists of. 

The obligation which the suspect assumes is usually the payment of a certain amount of money for humanitarian and other public purposes, and the Code stipulates that it may also include the elimination of harmful consequences caused by the commission of a criminal offense or compensation for damage, socially useful or humanitarian work, payment of due maintenance obligations, undergoing alcohol or drug withdrawal, undergoing treatment to eliminate the causes of violent behavior, compliance with restrictions from a court judgment or fulfillment of an obligation under a judgment.

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