1The prosecutor, in cases foreseen by article 71 of this Code, may decide changing or revoking, partially or fully, the measure of diversion after a detailed examination of the reported facts.

2The prosecutor, in any case, shall set a special hearing, hear the views of the child providing reasons for failure to fulfil the measure by applying even the provisions of article 59 of this Code related to the consent of the child.

3The prosecutor, where necessary, may request a new psychological, psychiatric assessment or an opinion on the previous reports of the experts.

4The prosecutor after examining this measure and other measures shall contact the child, the legal representative and hear the opinion of the employee of the Probation Service and may decide:

arevoking or upholding the decision for diversion from criminal prosecution;

baltering the type of measure of diversion;

cextending the duration of the agreement.

5Where the prosecuting body decides to re-initiate proceedings against the child, it shall consider the part of the measure that is already fulfilled by the child during the enforcement of the alternative measure of diversion.

6In the event of revocation of the diversion decision, the prosecutor, by a reasoned decision, shall decide repealing the decision for non-initiation of investigation or the decision for dismissal of the case already initiated and, decide re-initiating a new investigation.

7In the event of revocation of the diversion decision, the acts performed by the child to fulfil the measure of diversion from criminal prosecution shall be examined during the trial.

8Accepting the responsibility for a criminal offence in order to apply an alternative measure of diversion from criminal prosecution shall not be used during trial against the child.

9If the child does not fulfil the special obligations that have been ordered, or the child refuses, or in other ways, interferes in the enforcement of the constant supervisory measure, the court may decide, where possible, for this reason, to commit the child to an educational/disciplinary institution/centre for an uninterrupted stay of not more than one month.

10The procedure applied by the Probation Service when it deems non-fulfilment of the diversion measure shall be determined by the decision of the Council of Ministers.