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The head of the Public Prosecutor’s Office has issued a directive to prosecutors general of the King at the Courts of Appeal and prosecutors at courts of first instance, calling for the implementation of conciliation as an alternative to prosecution.
In the directive, he urged that conciliation be made a priority within criminal policy, advocating for it to become the primary approach in handling criminal cases. Prosecutors are encouraged to propose conciliation to the parties, or respond favorably to its use, as soon as they determine that the legal conditions for its application are met.
The head of the Public Prosecutor’s Office also recommended resorting to mediation in line with legislative intent, and granting mediators sufficient time to carry out conciliation efforts successfully.
He further called for the value of transactional fines to be assessed in accordance with the criteria set out in Article 41-1 of the Code of Criminal Procedure, ensuring that such fines do not exceed half of the maximum penalty prescribed by law for the offense, or serve to compensate for the damage caused.
The directive also stresses the importance of monitoring the implementation of commitments made within the framework of conciliation within the specified deadlines.
According to the document, performance indicators related to the use of conciliation have improved significantly. The number of beneficiaries rose from 8,219 in 2023 to 15,862 in 2024, and reached 21,963 in 2025, representing a 38% increase.
These developments aim to address material constraints by empowering prosecutors to propose the payment of a fine not exceeding half of the maximum amount provided by law.
They also ease procedural constraints by abolishing the requirement for judicial approval of conciliation agreements, which become enforceable once the report is drawn up by the prosecutor or one of their deputies and the agreed commitments have been fulfilled.
