Introduction to the Deferred Prosecution System
- Publication Date：
- Last updated：2022-09-28
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"Deferred prosecution" is the suspension of prosecution. Based on purpose of individual prevention, encouraging the defendant＇s rehabilitation and returning to society, when the prosecutor does "the deferred prosecution", the prosecutor may order the defendant to comply with certain conditions or to fulfill certain obligations. By the defendant fulfilling certain obligations, the state can achieve the purpose of prosecution, the victim will be compensated, and the defendant has the opportunity to rehabilitate.
Applicable to the object: (Article 253- 1 of the Code of Criminal Procedure 253-1)
If the defendant commits a crime other than death penalty, life imprisonment or with a minimum punishment of imprisonment for not less than 3 years , the prosecutor considers all circumstances and the maintenance of public interest, deems that a deferred prosecution is appropriate.
The following items to be complied with or performed by the defendant on deferred prosecution to: (Article 253- 2 of The Code of Criminal Procedure)
deferred prosecution is issued, the accused may be ordered by the prosecutor to comply with or perform following actions within a certain period of time
(1) Apologize to the victim; (2)Write a penitence letters;
- Pay the victim an appropriate sum, as compensations for property or non-property damages;
- Pay a certain sum to governmental treasury or relevant public welfare organizations or local self-governing bodies;
- Perform 40 to 240 hours of voluntary services to a designated government agencies, government organizations, non-departmental public bodies, communities, or other institutions or groups that meet public interest objective;
- Complete drug addiction treatment, psychotherapy and psychological counseling, or other appropriate intervention ;
- Comply with the necessary order for the protection of the victim's safety;
- Comply with the necessary order for the prevention of recommitting the