A brief survey of the Austrian diversification concept.
The criminal procedural reform of the year 2000 has brought drastic changes for the Austrian criminal procedural system: The former double track system of punishment and preventive measures has now been transformed into a triple track system of punishment, preventive measures and measures of diversification which enable both prosecutors and courts to settle criminal cases in a completely different and informal way, without verdict or sentence. Instead of a formal decision, there can be a period of probation with or without instructions, the payment of a fine, social work or an out-of-court settlement. The article will describe the conditions under which the above-mentioned measures may be applied and will give a brief overview of the way proceedings are carried out when a case is settled by means of diversification.
- Straipsniai / Articles