download

(3) Suspects are required to fulfil the obligation they have accepted within a term nolonger than six months.(4) If the suspects fulfil the obligation referred to in paragraph 1 items 1) and 4) of thisArticle, and, with the consent of the aggrieved, the obligation referred to in paragraph 1items 2) and 3) of this Article within the time limit prescribed in the preceding paragraphof this Article, the public prosecutor shall dismiss the criminal complaint, and theprovisions of Article 61 of this Code shall not be applied.(5) Where the public prosecutor finds that an aggrieved who has been fully indemnifiedfor reasons which are obviously unjustifiable does not agree that the suspect perform theobligations referred to in paragraph 1 items 2) and 3) of this Article, and the publicprosecutor finds the performance of such obligations appropriate, the public prosecutorshall ask the chamber referred to in Article 24 paragraph 6 of this Code to issue a rulingauthorising the performance of those obligations. If the chamber referred to in Article 24paragraph 6 of this Code approves the performance of the obligations referred to inparagraph 1 items 2) and 3) of this Article, and the suspect fulfils the obligations in full,the provisions of Article 61 of this Code shall not be applied.(6) The public prosecutor may, with the approval of the trial court and until theconclusion of the trial conducted in connection with criminal offences punishable by finesof terms of imprisonment of up to three years, discontinue criminal prosecution, if thesuspect satisfies one or more of the measures specified in paragraph 1 of this Article. Inrespect of the measures referred to in paragraph 1 items 2) and 3) of this Article, theconsent of the aggrieved is also required, or the rule referred to in paragraph 5 of thisArticle shall be applied.(7) The public prosecutor may also act pursuant to paragraph 6 of this Article when theproceedings concern a criminal offence punishable by a term of imprisonment of overthree years and up to fie years, if the chamber referred to in Article 24 paragraph 6 ofthis Code approves it by a ruling.(8) Where a judgement dismissing the charges is issued after the public prosecutordiscontinues criminal prosecution pursuant to paragraphs 6 and 7 of this Article, theprovisions of Article 62 of this Code shall not be applied.(9) Where a criminal compliant is submitted in connection with a criminal offence forwhich the principal statutory penalty is a fine or a term of imprisonment of up to threeyears, the public prosecutor is required, before submitting a motion to indict, or beforesubmitting a request for the conduct of an investigatory action before the motion toindict, to examine possibilities for deferring criminal prosecution, for which reason hemay question the suspect and the aggrieved and other persons, and collect allnecessary data, of which he shall make an official note.Article 237In the case of the criminal offences referred to in Article 236, the public prosecutor maydismiss the criminal complaint where the suspect has due to genuine repentance ,prevented the occurrence of damage or has already indemnified the damage in full, andthe public prosecutor, according to the circumstances of the case, finds that imposing a