SOME CONSIDERATIONS REGARDING MEDIATION IN CRIMINAL PROCEEDINGS: HARMONIZING THE BENEFIT OF THE DOUBT WITH THE TENETS OF SECTION 67, SUBSECTION (2) OF LAW NO. 192/2006
SOME CONSIDERATIONS REGARDING MEDIATION IN CRIMINAL PROCEEDINGS: HARMONIZING THE BENEFIT OF THE DOUBT WITH THE TENETS OF SECTION 67, SUBSECTION (2) OF LAW NO. 192/2006
Author(s): Elena-Georgiana PRINOSE, Lamya-Diana HărătăuSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Universitatea Nicolae Titulescu
Keywords: mediation; benefit of the doubt; European Court of Human Rights; European Court of Justice;
Summary/Abstract: Within the annals of Romanian legal practice, the mediation process has long been entrenched, holding its ground as a voluntary recourse for resolving conflicts entangled within criminal matters, alongside other mechanisms designed to absolve criminal culpability. This paper endeavours to scrutinize the milieu wherein this legal framework may encroach upon the sacrosanct principle of the benefit of the doubt, surveying the jurisprudence of the European Court of Human Rights and the prevailing domestic judicial ethos.
Journal: LESIJ - Lex ET Scientia International Journal
- Issue Year: XXXI/2024
- Issue No: 1
- Page Range: 156-165
- Page Count: 10
- Language: English
