What is an opportunity?
Deferral of criminal prosecution, or “opportunity,” is a way to end criminal proceedings in cases of less serious criminal offenses.
Who has the authority?
The order for deferral is issued by the public prosecutor, while a commissioner from the Administration for the Enforcement of Criminal Sanctions oversees the fulfillment of obligations. As proof of financial obligations, the suspect submits payment slips to the prosecution’s records office.
What are the conditions for applying the opportunity?
Deferral of prosecution requires:
- The offender has not been previously convicted.
- The specific offense is punishable by a fine or a prison sentence of up to 5 years.
- The suspect, through their defense attorney or personally, submits a proposal for deferral, or responds positively to the prosecutor’s offer if extended.
What obligations can the public prosecutor impose on the suspect?
- To pay a specified amount to a public revenue account for humanitarian or other public purposes—minimum 30,000 dinars if paid at once, or 40,000 dinars otherwise.
- To remedy any harm caused by the offense or compensate for damages.
- To perform certain socially beneficial or humanitarian work.
- To fulfill maintenance obligations.
- To undergo treatment for alcohol or drug addiction.
- To undergo psychosocial treatment to eliminate causes of violent behavior.
- To comply with obligations established by a legally binding court decision or respect restrictions imposed by such a decision.
However, the most common obligation imposed is the payment of money for humanitarian purposes.
How is it concluded?
If the suspect fulfills the specified obligation within the deferral period, the public prosecutor issues a decision to dismiss the criminal charge. This means the suspect is regarded as having no prior convictions, and no further criminal proceedings will continue against them. This approach shortens often lengthy and uncertain criminal proceedings. However, it is not straightforward for laypersons, and being informed about one’s rights is crucial to avoid potential disputes, such as a damaged party seeking compensation in a civil case. Consulting with a lawyer beforehand is advisable to know what to watch out for.
Opportunity should not be confused with a plea agreement since, in the case of opportunity, no judgment is rendered but rather an order, meaning the suspect will not be recorded as a convicted person. This is the main advantage of this type of arrangement between the public prosecutor and the suspect. In cases of opportunity, the suspect will not face uncomfortable situations, such as an employer checking their criminal record.
What is the deadline for fulfilling obligations?
The deadline for fulfilling the obligation is up to one year. In cases of financial obligations, payment by installments is possible.
Daša Komnenić, Legal Intern at the Todorović Law Office