Diversion is an alternative option in cases involving consumer-type drug possession offenses, with the aim of helping the drug user quit or reduce their substance use.
The definition of a small quantity is determined by the Penal Code, based on the pure active substance content per type of drug or the average dose for a non-habitual user. In each case, an expert will determine this during the investigation phase of the procedure.
According to the Penal Code, diversion cannot be applied if the accused has successfully completed diversion in the past two years before committing the current offense, or if they were convicted of drug possession or trafficking during that period.
The investigating authority must inform the accused of the possibility of diversion once, after which the accused must declare whether they accept it or not. If the accused agrees to diversion, the procedure is suspended. During this time, the accused must undergo an assessment to determine the appropriate type of treatment. They must then participate in the specified treatment for six consecutive months without interruption. This typically involves about two hours of activity per week over six months. Upon successful completion, the institution issues a certificate, which the accused must submit to the investigating authority or the prosecutor's office.
The Penal Code states that if diversion is successfully completed, the offender cannot be punished, meaning the proceedings must be terminated. However, the accused may still be required to pay the procedural costs, which typically include laboratory tests and medical expert fees. These costs can be quite high, so it's advisable to plan accordingly and, if necessary, request installment payments or a deferral.
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