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Settlement Vs. Mediation In The Criminal Trial

Author

Listed:
  • Lucian CHIRIAC

    (Prof. univ. dr. "Petru Maior" University of Tirgu Mures, Faculty of Economics, Law and Administrative Sciences, Tirgu-Mures, Lawyer at Mures Bar, ROMANIA.)

  • Sonia Bianca BLAJ

    (Trainee Lawyer, Mures Bar, ROMANIA.)

Abstract

The alternative methods of resolving disputes between different persons represents one of the concerns of the contemporary society which has risen in the context of economical, social and scientific development – catalysts of new types of conflicts. Thus, new approaches have had to be found in order to complement and be of help to the judicial system, as well as to the possible parties, hence promoting the amiable settlement of conflicts. By means of this study, the authors wish to identify a few aspects related to the institution of dispute settlement and to mediation in criminal law procedure, whilst presenting some advantages of these two which are able to influence the offender`s and aggrieved person`s behavior, in this way making them more responsible and helping them to be more aware of their actions. Are those judicial procedures such as settlement, withdrawal of the preliminary complaint, mediation, capable of spelling the end of dictum "Homo Homini Lupus est"?

Suggested Citation

  • Lucian CHIRIAC & Sonia Bianca BLAJ, 2016. "Settlement Vs. Mediation In The Criminal Trial," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 67, pages 148-158, December.
  • Handle: RePEc:pmu:cjurid:v:67:y:2016:p:148-158
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj16/recjurid164_12F.pdf
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    Cited by:

    1. Brindusa GOREA, 2018. "...And Justice For All. Legal Interpretation On Democratic Values," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 72, pages 13-26, January.

    More about this item

    Keywords

    settlement; mediation; advantages; conflicts; Criminal Code; amiable settlement;

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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