Settlement agreements occur in two forms: firstly, within criminal law between the perpetrator and the victim, and secondly, within civil disputes, such as when resolving damages or debt recovery.
In both cases, the opposing parties seek to resolve the dispute between themselves so that the matter is settled more easily, quickly, and at a lower cost, ideally without the need for court involvement.
In both cases, we can help you negotiate the best possible realistic terms for you.
Settlement in Criminal Law
The essence is that the perpetrator (the accused) compensates the victim for damages, or returns any unjust enrichment, thereby remedying the harmful consequences caused. Additionally, they contribute funds to charitable purposes—specifically for victims of crime. In exchange, the state will not impose any further penalties.
Conditions:
- The offense is a misdemeanor—a crime of negligence or an intentional crime with a maximum prison sentence of 5 years
- The accused has confessed and agrees to the settlement; the victim also agrees
- The accused has compensated for the damages or has agreed on a repayment plan
- The accused has returned any unjust enrichment, if applicable
- It can be considered sufficient
- It has been approved by the court or the public prosecutor during the preliminary proceedings
Benefits: clean criminal record, no probation period, termination of criminal proceedings without further consequences
Settlement in Civil Law
The essence is that there is a dispute between the parties regarding either the existence of a certain claim, its amount, or its enforceability. If the parties do not wish to go to court and prefer to resolve the matter themselves, they often choose to enter into this specific agreement, which typically represents a compromise between the demands of both sides.
Consequences:
- the original obligation is canceled and replaced by a new settlement
- disputed rights and ambiguities are clarified
- a new statute of limitations begins to run
Benefits: saving money, stress, and time
CHOOSE AN ATTORNEY – DEFENSE COUNSEL AS SOON AS POSSIBLE
For the best outcome of a client’s case and the highest chance of reaching a settlement, it is essential that their attorney/defense counsel is involved as early as possible.
Do I have to visit the attorney’s office in person? Not if you do not want to.
We can handle the entire process of legal counseling or legal representation for you remotely. You send us your requirements, and we will draft all the necessary documents with instructions on how to proceed. We also provide legal consultations via telephone and video. By saving both your time and ours, you will also SAVE MONEY.
HOW MUCH DOES THE LEGAL SERVICE COST?
You will always receive a quote for your case in advance, so you know what to expect.
HOW AK MATĚNA ASSISTS ITS CLIENTS
Law Firm of JUDr. Marek Matěna in Olomouc, Ostrava, Pardubice, Frýdek-Místek, and Zlín, we have long been involved in both criminal and civil law. Therefore, if you are dealing with a legal issue, do not hesitate to contact us. Our law firm will attend to you immediately and assist you with everything.
