Public Prosecutor

The Public Prosecutor deals with criminal cases. Criminal cases are not merely based on the Penal Code, but also on the Road Traffic Act, the Act on Economic Offences, the Opium Act and the Weapons and Ammunition Act. Criminal cases comprise all cases involving a criminal act. Offences are not included.

The Public Prosecutor (OM) can deal with criminal cases in two ways. The OM can settle the matter or summons the suspect and take the matter to court. The OM can offer a transaction, such as a fine or impose a community service sentence. The OM can also join the case with another case, transfer the case to the courts department of another district or dismiss the case.

A dismissal is a decision taken by the OM to refrain from prosecution of a proven criminal fact.

A dismissal on technical grounds means that the OM will refrain from prosecution, because prosecution is not likely to lead to a conviction as there is insufficient evidence (e.g. if the fact or the suspect is not punishable).

A dismissal on the grounds of non-likelihood of conviction means that the OM will refrain from prosecution in defence of the public interest. It is an option if the victim appears to be also partly guilty or if the suspect has compensated the victim and the relation between victim and perpetrator has been restored.