A sepot is a decision by the public prosecutor not to prosecute. It comes in two forms: a technical dismissal, where the evidence is insufficient or the act is not an offence, and a policy dismissal, where prosecution would serve no purpose given the circumstances, the age of the case or the position of the victim.
Statutory basis
The power rests on the principle of expediency in article 167 of the Code of Criminal Procedure, which allows the prosecutor to refrain from prosecuting on grounds of the public interest. The suspect is informed by a notice of no further prosecution. An interested party, typically the victim, can complain to the court of appeal, which can order the prosecutor to prosecute after all; that complaint must be made within three months of learning of the decision.
How it works in practice
A policy dismissal can be made conditional: the prosecutor sets a probation period, usually one or two years, and conditions such as compensating the damage, undergoing treatment or refraining from contact. Breach of the conditions revives the prosecution. A dismissal is recorded in the judicial documentation system, and a policy dismissal in particular can still be weighed when a certificate of conduct is assessed, because it means the suspicion was not withdrawn as unfounded.
Where it goes wrong
Suspects treat a dismissal as complete exoneration and are surprised when it surfaces years later. The type matters: a technical dismissal because the suspect is wrongly accused should be recorded as such, and asking the prosecutor to correct the code is worth doing at the time. Second, victims and companies miss the complaint period because they hear informally that the case has been dropped without receiving the formal decision.
Related terms
Penal order, suspect and summons.
Do you want the ground of a dismissal corrected, or has your report been dropped? Our criminal lawyers advise suspects and complainants alike.
