Waiver of prosecution

The prosecutor may decide to waive prosecution, which means there will no prosecution, trial or punishment. On the other hand, the crime is recorded in the Criminal Records Registry, which could have consequences if the suspect were to commit a new crime.

In order to be able to grant a waiver of prosecution, it must be evident that a crime has been committed, and often because the suspect has made a confession. A waiver of prosecution can, for example, be granted if a person has recently received sentence for another offence and the crime in question would not result in the punishment being increased.

An example of this is when a person is sentenced to a long period of imprisonment for grand theft and it transpires that he/she was also guilty of shoplifting immediately before being found guilty of theft. Since the period of imprisonment would in all probability not have been longer if charges had also been brought against the suspect for shoplifting, the prosecutor may grant a waiver of prosecution.

Waiver of prosecution is also common in the case of young people under the age of 18. If the person in question is a first offender and it is a question of a minor offence, the idea is that he or she should be given another chance.

A basic precondition for granting a waiver of punishment is that it does not conflict with any important private or public interest.