Settlement

In misdemeanor proceedings, with the consent of the accused and the aggrieved party, the court and, in preliminary proceedings, the public prosecutor may decide to approve a settlement and stop the criminal prosecution, if the accused

a) declares that he has committed the act for which he is being prosecuted, and there are no reasonable doubts that his statement was made freely, seriously and definitely,

b) compensates the aggrieved party for the damage caused by the offense or perform the necessary actions to compensate it, or otherwise undo the damage caused by the offense,

c) releases the unjustified enrichment obtained through the offense or takes other appropriate measures to release it, and

d) deposits into the account of the court or, in preliminary proceedings, into the account of the public prosecutor's office, a sum of money designated by the state for monetary assistance to victims of criminal activity in accordance with a special legal regulation, and this sum is apparently not disproportionate to the seriousness of the offence,

and if he considers such a method of settling the case to be sufficient in view of the nature and seriousness of the committed act, the degree to which the public interest was affected by the offense, the person of the accused and his personal and property circumstances.

For the accused, this is a more advantageous form of diversion than in the case of a conditional suspension of criminal prosecution, because in the case of approval of the settlement, a probationary period is not set, as is the case in the case of a conditional discontinution of criminal prosecution.

This corresponds to stricter conditions, where the consent of the aggrieved party is required (which is not necessary in the case of a conditional discontinaution of criminal prosecution) and the payment of a specified amount of money designated by the state for financial assistance to victims of crime is always required.

Following the approval of the settlement, the criminal prosecution is stopped and the whole matter ends with a clean criminal record for the accused.