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"𝗗𝗶𝘃𝗲𝗿𝘀𝗶𝗼𝗻" is an alternative sanction under Austrian criminal law to penalize presumed criminal behavior. It offers a way to resolve certain criminal cases without a conviction — and thus without an entry in the criminal record. Those whose records were previously unblemished remain so.
It is up to the public prosecutor and the court to decide whether the application of a diversion is appropriate. While no formal confession is required, the accused must accept responsibility for his or her action.
However, this choice comes with a trade-off: opting for diversion means giving up the possibility of an acquittal. Before deciding, it is important to carefully weigh the legal and practical implications, including as a diversion may affect civil liability.
Bettina Knoetzl for Rechtsanwaltskammer Wien
https://www.linkedin.com/company/knoetzl/
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