Proceedings of the 30th International Academic Conference, Venice

MEDIATION IN THE CASE OF DISRESPECTING MEASURES CONCERNING THE CUSTODY OF THE MINOR

NICOLETA-ELENA BUZATU

Abstract:

In criminal cases relating to offences for which, according to the law, the withdrawal of the preliminary complaint removes the criminal liability, mediation may be the best solution for the parties to reach an out-of-court-settlement. The defendant or the injured party, if interested in solving the situation faster or recovering the injury, will initiate the criminal mediation proceeding by addressing a mediator. Failure to comply with measures regarding child custody presupposes that a minor child is retained by one parent, without the consent of the other one, or repeatedly prevents a parent from getting in touch with the child. The Criminal Code stipulates that this kind of offences is initiated upon the complaint of the injured person - for which mediation agreement completely removes criminal liability. In this case mediation can take place at any time during the criminal proceedings, including the appeal stage.

Keywords: mediation, preliminary complaint, mediation agreement, criminal liability, minor

DOI: 10.20472/IAC.2017.030.008

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