Section 36 – Non-prosecution subject to imposition of conditions and instructions

(1) Section 153a (1) first sentence, of the Code of Criminal Procedure shall apply subject to the proviso that the prosecuting authority may, with the consent of the court responsible for the opening of the main proceedings and of the corporation, provisionally refrain from bringing the public action and at the same time impose conditions pursuant to Section 12 (2) and issue instructions to the corporation pursuant to Section 13 (2) and (3), if these are suitable to eliminate the public interest in the prosecution and the significance of the corporate crime, 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 do not preclude such action. The consent of the court is not required if the consequences caused by the corporate crime are minor.

(2) The prosecuting authority shall set a time limit for the corporation to comply with the conditions and instructions, which shall not exceed one year in the case of conditions and two years in the case of instructions. The prosecuting authority may subsequently cancel conditions and instructions and extend the period once for a period of six months. With the consent of the corporation, it may also subsequently impose and change conditions and instructions. If the corporation fulfills the conditions and instructions, the corporate crime can no longer be prosecuted. If the corporation does not comply with the conditions and instructions, any actions taken by the corporation to fulfill them shall not be reimbursed.

(3) If the complaint has already been filed, the court may, with the consent of the prosecuting authority and the corporation, provisionally suspend the proceedings until the end of the main hearing in which the actual findings can be examined for the last time and at the same time impose conditions on the corporation in accordance with Section 12 and issue instructions in accordance with Section 13. (2) shall apply accordingly. The decision pursuant to sentence 1 shall be made by resolution. The resolution as well as the determination that conditions and instructions issued pursuant to sentence 1 have been fulfilled are not contestable.

(4) The limitation period shall be suspended for the duration of the period set for the fulfillment of the conditions and instructions.

(5) If the court has discontinued the proceedings, a court order shall be required to reopen them.