Conditional Arrangement in the Military: Closing a Case Without an Indictment

A conditional arrangement in the military is a way for the Military Prosecution to close an investigation file, or to cancel an indictment that was filed, if the suspect admits the facts and meets conditions that are set. The arrangement is governed by Chief Military Prosecutor Guideline No. 3.07 (“Conditional Arrangements and Freeze Arrangements”, updated in February 2026). It is intended for relatively minor offenses and mitigating circumstances, and there is no commitment that the prosecution will agree to it.

Two routes: a conditional arrangement and a freeze arrangement

• Conditional arrangement before an indictment: signed between the Military Prosecution and the suspect. The prosecution undertakes to close the file if the conditions are met.
• Freeze arrangement: an indictment is filed, the hearing in the military court is frozen, and if the defendant meets the conditions, the indictment is cancelled.

According to the guideline, these arrangements may be made only by military prosecutors or prosecutors appointed as deputy military prosecutors. The guideline distinguishes between groups of service members, so it is worth checking how it applies in your case.

Offenses the guideline addresses

The guideline lists types of offenses for which an arrangement can generally be offered, subject to the prosecutor’s discretion:

1. Drugs in civilian circumstances: use or possession of cannabis for personal consumption, in a limited quantity set out in the guideline.
2. Misdemeanor property offenses: provided the suspect returned the property or is willing to return it. Looting is not suitable.
3. Absence without leave (Section 101 of the Military Justice Law): subject to criteria, such as no harm to fitness for combat duty.
4. Misdemeanor forgery, fraud and breach of trust: including forged sick notes, taking into account the number of days and the scope of the benefit.
5. Misdemeanor threats: without an element of violence or extortion.
6. Unlawful use of a weapon (Section 85): where the use was for a legitimate purpose, with a weapon the soldier is authorized to carry, and without real risk.

Threshold conditions and considerations

• There is sufficient evidence for an indictment.
• As a rule, no criminal conviction in the five years before the investigation opened (with a certain exception for absence from service).
• As a rule, no previous conditional arrangement for a similar offense.
• If a proceeding or investigation is pending, the prosecutor considers the similarity between them and their circumstances.
• The prosecutor examines the circumstances of the offense, the harm caused, conduct after the offense (admission, remorse, compensation) and personal circumstances, including contribution to the army and to society.
• Certain criminal traffic offenses, such as drunk driving, are not suitable for an arrangement.

What the arrangement includes

The arrangement is made in writing and includes an admission of the facts and conditions set according to the seriousness of the offense, its circumstances and the circumstances of the suspect. It also includes an undertaking to refrain from offenses, as a rule for one year. A further offense during the arrangement period may lead to an indictment for the original offense as well. See also the general page on conditional arrangements.

Representation in a military conditional arrangement

I appear before the military courts and represent soldiers and officers in criminal proceedings and in negotiations with the prosecution. Representation includes reviewing the investigation material, assessing the evidence and whether it makes sense to admit, presenting personal circumstances to the prosecutor, and checking the wording of the arrangement before signing. For more details see military lawyer, military law and deleting a criminal record.

Under MPCID investigation or received an offer for a conditional arrangement? Call Adv. Emanuel Trach: 055-2550011 or leave your details.

Questions and answers

Does a conditional arrangement in the military end in a conviction?

Under the Chief Military Prosecutor’s guideline, the arrangement allows the case to be closed, or to be resolved without a criminal conviction, if the suspect meets the conditions. The guideline also refers to a reduced criminal record under Section 404 of the Military Justice Law. It is worth checking what was actually recorded in each case.

What is the difference between a conditional arrangement and a freeze arrangement?

A conditional arrangement is signed before an indictment is filed. In a freeze arrangement an indictment is filed, the proceeding in the military court is “frozen”, and if the conditions are met, the indictment is cancelled.

Which offenses may be suitable for a conditional arrangement in the military?

The guideline lists groups of relatively minor offenses, including use and possession of cannabis in civilian circumstances and in a limited quantity, misdemeanor property offenses where the property was returned, absence without leave (Section 101), misdemeanor forgery and fraud, threats without violence or extortion, and unlawful use of a weapon for a legitimate purpose. The decision rests with the military prosecutor.

Who cannot enter a conditional arrangement in the military?

As a rule, anyone convicted of a criminal offense in the five years before the investigation opened, anyone who previously had a conditional arrangement for a similar offense, and anyone with a pending criminal proceeding in certain circumstances. The guideline includes exceptions, for example regarding absence from service.

How long does the undertaking last?

As a rule, the undertaking lasts one year, but a military prosecutor may set a different period in certain circumstances. Breaching the undertaking by committing another offense may lead to an indictment.

When should I contact a lawyer?

Before signing and before giving any admission, because the arrangement requires an admission of the facts and may affect your service and your civilian future.

See also: Military lawyer | Conditional arrangement | Criminal lawyer.