Proceedings of the 26th and the 27th International Academic Conference (Istanbul, Prague)

MEDIATION IN CRIMINAL CASES

NICOLETA-ELENA BUZATU

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.

Keywords: mediation, mediation agreement, criminal cases, criminal liability, preliminary complaint, reconciliation of the parties

DOI: 10.20472/IAC.2016.027.007

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