The idea that criminal proceedings always end in a courtroom with a robe and a gavel comes from the movies. A large share of cases in the Czech Republic end differently: with an agreement, a discontinuation on conditions, or a settlement with the victim. These are called diversions, and for a lot of people they are the best news they will get in the whole proceedings. You just need to know when to ask for them and what you give up in return.
Three main routes
- Conditional discontinuation of prosecution. For lesser offences, when the accused confesses, compensates the damage and agrees. Prosecution is discontinued for a probationary period; if nothing happens, it is gone. It does not require a formal "declaration of guilt"; a statement from which it follows that it happened is enough.
- Settlement. An agreement with the victim, compensation of the harm and a sum paid for charitable purposes. The court approves it and discontinues the prosecution.
- Plea agreement. Negotiated with the public prosecutor and approved by the court in a judgment. The accused declares guilt and in return has certainty about the sentence. But they also give up the possibility of appeal within the scope of the agreement.
When yes and when no
A diversion is excellent when the evidence is clear and a harsh sentence is looming. It is a trap when the defence has a chance and the person trades it for quick peace of mind. That can only be decided with the case file in hand. Which is why it is a question for a defence lawyer, not for a gut feeling at the interview.
What this rests on
No advice on this page is an opinion. Each one has a section of the law and a court decision behind it. Click through, the full text is on Europaius.
Statute
- § 175a tr. řáduplea agreement: negotiated with the public prosecutor and approved by the court
- § 307 tr. řáduconditional discontinuation of criminal prosecution: confession, compensation of damage, probationary period
- § 309 tr. řádusettlement: an agreement with the victim and a sum for charitable purposes
Case law
- I. ÚS 3457/23 (Ústavní soud, 7. 5. 2024)conditional discontinuation does not require a declaration of guilt; a statement from which it follows that the accused committed the act is a sufficient confession
- 6 Tdo 146/2012 (Nejvyšší soud, 29. 2. 2012)the confession for conditional discontinuation must be in the statement and cover both fault and the factual circumstances
- I. ÚS 3599/25 (Ústavní soud, 5. 2. 2026)concluding a plea agreement does not exclude awarding compensation to the victim at the same time
- 5 Tz 32/2022 (Nejvyšší soud, 27. 4. 2022)an agreement can also be submitted during proceedings before the court; a complaint lies against refusal to approve the agreement
Related articles
- Obžaloba: co znamená, co přijde po ní a jak se připravit na hlavní líčení (in Czech)
- Ublížení na zdraví z nedbalosti: nehoda, při které se někdo zranil, a co vám hrozí (in Czech)
A different situation?
- You or someone close to you has been detained
- Pre-trial detention is looming, or someone is already in it
- A police summons has arrived
- Criminal complaint: you want to file one, or one has been filed against you
- You have been charged with a criminal offence
- A penal order has arrived
- Alcohol or drugs behind the wheel, driving ban
- House search
- You have become the victim of a crime
- European arrest warrant, extradition abroad
- Charged with embezzlement
- Disorderly conduct: a brawl, a pub, the street
- Dangerous threats and stalking
- You drove while banned from driving
- Charged with bodily harm
- Damage to property
- Violation of the inviolability of the home
- Defamation
- Conditional release from prison
- Negligent homicide: a fatal accident
- Credit fraud and subsidy fraud