Provisional Suspension of Proceedings: An Alternative to the Continuation of Criminal Prosecution

The Provisional Suspension of Proceedings is a legal mechanism provided for in criminal procedure, according to which, subject to certain conditions, the case does not proceed to trial.

The criminal proceedings in question must, from the outset, concern low to medium-level criminality. Although the application of this mechanism may be requested by either the Defendant or the Assistant in the case, it is applied at the initiative of the Public Prosecutor, with the agreement of the Investigating Judge, as well as the consent of both the Defendant and the Assistant in the criminal proceedings.

Furthermore, the Defendant must meet specific requirements, namely: not having been convicted nor previously subject to a provisional suspension of proceedings for a crime of the same nature; not being subject to a custodial security measure; and not having demonstrated a high degree of culpability in the commission of the crime in question. It must also be foreseeable that compliance with the imposed injunctions and conduct rules will meet the preventive needs of the specific case.

These injunctions may vary in nature, and to support and monitor their implementation, the Investigating Judge and the Public Prosecutor may resort to social reintegration services, criminal police bodies, and administrative authorities.

If the Defendant complies with the conduct rules and injunctions imposed during the provisional suspension period — which may last up to five years — the case will be closed, cannot be reopened, and will not appear on the criminal record.

Should the Defendant fail to comply with the imposed rules or commit a crime of the same nature for which they are subsequently convicted, the proceedings will resume accordingly.

The provisional suspension of proceedings is thus a mechanism applicable to offences such as driving without a valid license, for example. Provided the Defendant is not a repeat offender and complies with the imposed injunctions or conduct rules, the case does not proceed to trial, thereby avoiding a potential conviction and the corresponding entry on their criminal record.

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