Using the fine procedure requires that the suspect consents to a written procedure outside a court. ‘Consent’ means waiving one's right to an oral court hearing and consenting to the matter being decided using the fine procedure.
If the offence involves an injured party, using the fine procedure requires that the injured party consents to it. However, the injured party's claim for damages cannot be processed during the fine procedure. In complainant offences, a request to prosecute is also required.
Withdrawal of consent
The suspect and the injured party may withdraw their consent in writing until a decision has been made in the matter. If consent is withdrawn, the prosecutor must move the consideration of the case from the fine procedure to criminal proceedings.