SSS · Criminal Complaint & Intervention in Proceedings

Should we accept a conciliation offer?

It depends on the recovery guarantee, the amount, and the confidentiality terms: sometimes it is the fastest route to collection, sometimes it weakens deterrence. The decision turns on the…

Updated · July 20261 min readCategory · Criminal Complaint & Intervention in Proceedings
Short answer

It depends on the recovery guarantee, the amount, and the confidentiality terms: sometimes it is the fastest route to collection, sometimes it weakens deterrence. The decision is made on the mathematics of the concrete offers.

It depends on the recovery guarantee, the amount, and the confidentiality terms: sometimes it is the fastest route to collection, sometimes it weakens deterrence. The decision turns on the mathematics of the concrete offers. Knowing the mechanism sharpens it: where conciliation is reached under Article 253 of the Criminal Procedure Code and the agreed undertaking is performed, the case is dismissed; where it is not performed, the investigation or prosecution carries on from where it stopped. A well-drafted undertaking backed by security therefore protects the recovery and the pressure at the same time, and we draft the text with that safeguard in it.

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Criminal Complaint & Intervention in Proceedings

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