Ingyenes Elterelés

The preventive-consulting service (diversion) is a preventive intervention provided for casual drug users as an alternative to prosecution, offered by the acting authority (police, prosecutors). By law, if someone only commits a minor drug offense (cultivation, production, acquisition or possession of drugs for personal use) and attends a minimum of six months’ continuous “drug treatment”, they will not be prosecuted (this is called diversion). However, prosecution shall still be initiated in these cases, unless the suspect proves the completion of the six-month treatment with an official document, in which instance the case must be terminated. From 1 July 2003, with the entry into force of the new Criminal Procedure Act, diversion will take place within the framework of a legal institution called “postponement of accusation.” This means that police conduct the investigation and then hand the case over to the prosecutor’s office. If the offender agrees to the diversion program, prosecution will be deferred for one year. During this time the suspect must provide proof of six months of continuous treatment. If the certificate is submitted before one year has elapsed, the public prosecutor shall terminate the procedure immediately. If one is caught by the police, it is useful to start therapy as soon as possible even without waiting for the official prosecutorial decision, as the entire length of time during which the procedure is carried out will be considered. If the suspect does not undertake the diversion treatment or pledged to it but cannot provide proof of the six months of continuous treatment then they will be prosecuted, in which case the court will impose some measure or a financial penalty. This alternative program can be used only in every second year.