Information for defendants

After the police receive a report or a complaint about an offence or after the police begin an investigation, the case may be closed in various ways.

The police shall dismiss an infringement complaint if it does not deem there is substance to initiate an investigation. If an investigation is commenced, the police may also terminate it if there is no basis to continue, for example if it is found that a complaint has not been substantiated or if the violation is minor and it can be foreseen that the investigation will involve an abnormally large amount of effort and expense.

It is not obligatory to give those involved the opportunity to express themselves before such a decision is taken. If a complaint is dismissed or the investigation is discontinued, the police shall be obliged to notify the complainant if he or she has an interest in it. He shall also be advised that he or she can appeal the decision to the Public Prosecutor.

Case dropped

If the prosecutor, after the conclusion of a criminal investigation, considers that what has been stated is insufficient or likely to be a conviction, he or she will drop the case. If the prosecutor drops the case, the interested party shall be informed of this and it is possible to request a reasoned submission for the decision. The decision can be appealed to the Public Prosecutor, and the appeal period is one month. The Directorate of Public Prosecutions shall take a position on the complaint within three months of receiving it.

Prosecution postponed

With the indictment deferred, the indictment is postponed for a certain period. The condition for the application of this remedy is that the accused has admitted his or her offence. This measure may be applied if the offence is committed by an individual aged 15-21 years or if the circumstances of the accused are such that supervision or other measures are considered more conducive to success than punishment. A condition for this remedy is that the offence shall not be considered of such a nature that the public interest requires prosecution.

Waiving prosecution

Prosecution may be waived and no criminal proceedings brought against the accused if certain conditions are met. This applies, for example, if the case is minor and foreseeable that the scope of the case will be substantially inconsistent with the punishment expected, if the accused appears to be incapacitated or if the offence has caused the accused himself unusually great suffering.