IDEAS home Printed from https://ideas.repec.org/p/smo/scmowp/01253.html
   My bibliography  Save this paper

Mediation Procedure in Case of Crime of Preventing the Freedom to Practice Religion

Author

Listed:
  • Nicoleta-Elena Heghes

    (Dimitrie Cantemir Christian University of Bucharest, Romania)

Abstract

In this article we intend to highlight the particularities of the mediation procedure in the case of crimes of preventing the freedom to practice religion provided in article 381 of the Romanian Criminal Code. Mediation applies in criminal cases concerning offenses for which, according to the law, the withdrawal of the prior complaint or the reconciliation of the parties removes the criminal liability. According to the Criminal Code in force, crime of preventing the freedom to practice religion is one of those crimes that are subject to mediation. Mediation includes two phases: the phase preceding the mediation procedure, in which the parties come to find out about the advantages of mediation. Once they have taken note of this, the parties shall decide whether or not to accept the mediation and shall send the invitation to mediation to the opposing party through the mediator. A second phase is the actual mediation, which can take place in a single session or more, being both joint sessions and separate sessions, depending on the will of the parties. The mediation procedure can be concluded by a mediation agreement, by denouncing the mediation contract or the failure of the mediation is ascertained.

Suggested Citation

  • Nicoleta-Elena Heghes, 2021. "Mediation Procedure in Case of Crime of Preventing the Freedom to Practice Religion," Scientia Moralitas Conference Proceedings 01253, Research Association for Interdisciplinary Studies.
    • Handle: RePEc:smo:scmowp:01253
    as

    Download full text from publisher

    File URL: http://scientiamoralitas.education/wp-content/uploads/2021/05/01253.pdf
    File Function: Full text
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    religious freedom; crime; parties; prior complaint; criminal mediation;
    All these keywords.

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:smo:scmowp:01253. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Eduard David (email available below). General contact details of provider: http://rais.education/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.