Section 35 – Non-prosecution of petty offences

(1) Section 153 (1) of the Code of Criminal Procedure shall apply subject to the proviso that the prosecuting authority may, with the consent of the court competent for the opening of the main proceedings, refrain from prosecuting the corporation if the significance of the corporate crimes, and in the cases of Section 3 (1) no. 2 also the severity and extent of the failure to take reasonable precautions to avoid corporate crimes, would be considered minor and there is no public interest in prosecution. The consent of the court is not required if the consequences caused by the corporate crime are minor. In the cases of Section 3 Section (2) no. 2, a refraining from prosecution is not possible.

(2) If the action has already been filed, the court may, at any stage of the proceedings, with the consent of the prosecuting authority and the corporation, discontinue the proceedings under the conditions of (1). The consent of the corporation shall not be required if the main hearing cannot be held for the reasons stated in Section 40 or if it is held in the absence of its representatives pursuant to Section 45. The decision is made by resolution. The decision is not contestable.