Criminal order – Advantage or trap?

At first glance, a criminal order may seem like a simple and quick solution to a criminal case. It allows the court to decide without a public hearing and often results in a lenient sentence. But that's where the trap might lie. Because the whole process takes place "at the desk", the accused gives up the opportunity to defend themselves – and sometimes accepts a decision with much more serious consequences than they realise.

What is a criminal order and when is it used?

A criminal order is a decision issued by a court without holding a main hearing. It is only possible if the court has sufficient evidence and the case concerns a less serious criminal offence. It is typically used in situations where:

• the perpetrator has no prior convictions or only a minor criminal record,
• the offence is something like theft, causing bodily harm through negligence, obstructing an official decision, minor tax evasion, etc.,
• an unconditional prison sentence is not being considered.

Through a criminal order, the court may impose, for example, a suspended sentence, a financial penalty, community service, or disqualification. Crucially, the judge decides on guilt and punishment without questioning the accused, without allowing any evidence to be proposed, and without a trial.

Advantages of a criminal order – when does it make sense?

A criminal order can work in favour of the accused. Typical situations where accepting one may be a good option include:

• The accused knows they committed the offence and wants to resolve the matter quickly.
• The punishment proposed by the court is mild – such as a six-month suspended sentence or a financial penalty of several tens of thousands of crowns.
• It is unlikely that a trial would result in a better outcome.
• The accused wants to avoid the stress of a public hearing or possible media attention.

If the criminal order is proportionate, understandable, and fits the circumstances, accepting it may be a reasonable step.

Risks of a criminal order – what the accused often doesn't realise

A common reaction of accused persons is to simply accept the criminal order to get it over with. But this can be a mistake that cannot be undone later. What do accused persons often fail to realise?

• No trial took place. No one listened to their side of the story, no mitigating circumstances were discussed.
• A sentence imposed by a criminal order is entered into the criminal record. Even if it's only a suspended sentence or a financial penalty, the entry can affect employment, business opportunities, or future proceedings.
• There is a time limit for filing an objection. If the accused does not file an objection within 8 days, the criminal order becomes final – and (with rare exceptions) nothing can be done, even if the decision is clearly too harsh or incorrect.
• The recorded conviction is treated as final. It can be taken into account in future cases, for example when assessing repeat offending.

Conclusion

Especially when a criminal order involves disqualification, a higher financial penalty, or another major impact on the accused's life, it is always best to consult a defence lawyer. In some cases, a simple objection can lead to a significantly better result.

A criminal order is not an insignificant formal document – it is essentially a simplified judgment. It can be beneficial, but only if the person fully understands it and considers its consequences. If you're not sure whether to accept it, get legal advice. The eight-day deadline for filing an objection passes quickly – and the decision may affect your life for a long time.

Mgr. Petr Motyčka