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Mediation in criminal cases

Author

Listed:
  • Nicoleta-Elena Buzatu

    (?Dimitrie Cantemir? Christian University of Bucharest)

Abstract

Mediation can solve conflicts arising from crimes which, under the Romanian law, the withdrawal of the preliminary complaint or the reconciliation of the parties removes criminal liability. Also, mediation can solve any civil side of the criminal file or of any type of crime. If, after the mediation agreement, the defendant covers the damages, he benefits from attenuating circumstances. The parties may resort to mediation in criminal prosecution stage and during the trial. If mediation is accepted by the parties, they will be ensured their right to legal assistance or to an interpreter, if required. To solve criminal cases, under the agreement concluded as a result of mediation in criminal cases, the parties are obliged to submit to the judicial the mediation agreement authenticated by a notary public or to appear before the judicial body to take note of their will, under the mediation agreement.

Suggested Citation

  • Nicoleta-Elena Buzatu, 2016. "Mediation in criminal cases," Proceedings of International Academic Conferences 5306987, International Institute of Social and Economic Sciences.
    • Handle: RePEc:sek:iacpro:5306987
    as

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    File URL: https://iises.net/proceedings/27th-international-academic-conference-prague/table-of-content/detail?cid=53&iid=007&rid=6987
    File Function: First version, 2016
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    More about this item

    Keywords

    mediation; mediation agreement; criminal cases; criminal liability; preliminary complaint; reconciliation of the parties;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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