Diversion
Diversion
Diversion is a special possibility to conclude criminal proceedings without a classic conviction. According to § 198 StPO, the public prosecutor’s office or the court may withdraw from further prosecution if punishment does not appear necessary.
Diversion plays an important role in Austria, especially for minor offenses. For many defendants, it offers the chance to make amends for a mistake without acquiring a criminal record.
Discontinuation of Prosecution
A diversionary resolution is only possible under certain conditions. Among other things, it must be the case that
- the facts of the case are sufficiently clarified,
- the defendant’s guilt must not be considered severe,
- the offense must not be punishable by more than five years’ imprisonment.
The public prosecutor’s office and the court always assess the specific individual case.
No Necessity for Punishment
The authorities also examine whether a traditional punishment is even necessary. Considerations of special and general prevention play a decisive role here.
Special prevention concerns the individual defendant. The authorities examine whether a conviction would be necessary to deter them from further offenses. If there is no significant risk of recidivism, this tends to favor diversion.
General prevention concerns the deterrent effect of criminal law on the general public. In the case of particularly sensational or frequently occurring offenses, diversion may therefore be excluded.
Peter HarlanderHarlander & Partner Rechtsanwälte „Diversion makes it possible to conclude criminal proceedings without a classic conviction. Instead of punishment, the focus is on making amends, taking responsibility, and preventing further offenses. “
Forms of Diversion
The law provides for several possibilities for a diversionary resolution:
payment of a sum of money
The defendant must pay a certain sum of money. The amount is determined by their personal and economic circumstances.
provision of community service
The defendant must perform community service, for example, by working for social institutions or non-profit organizations. The aim is to take responsibility and contribute to society.
Probation and Parole
It is also possible to set a probationary period. During this time, the defendant must not commit any further offenses.
victim-offender mediation.
In victim-offender mediation, an attempt is made to resolve the conflict between perpetrator and victim directly. Discussions often take place with professional guidance. The goal is to make amends and achieve a sustainable conflict resolution.
Entry in the Criminal Register
Successful diversion does not lead to a normal criminal record entry. The person concerned is therefore not considered to have a criminal record. This provides an opportunity for a fresh start in the case of less serious offenses. Especially for first-time offenders, diversion often prevents serious consequences for their career, family, and future.
Your Benefits with Legal Assistance
Whether diversion is possible always depends on the specific individual case. Even small differences in the facts can be decisive.
An experienced criminal defense lawyer recognizes early on whether the prerequisites are met and can specifically work towards a diversionary solution. Professional defense also helps to avoid errors in the proceedings and to protect the defendant’s interests in the best possible way.
- Support throughout the entire procedure
- Implementation of all necessary steps
- Protection of Your Rights
Sebastian RiedlmairHarlander & Partner Attorneys „A successfully completed diversion does not lead to an entry in the criminal register. The defendant therefore remains unblemished and receives the chance for a genuine fresh start. “
