Mediation Agreement in Penal Causes Cover Image

Acordul de mediere în cauzele penale
Mediation Agreement in Penal Causes

Author(s): Gabriel-Cristian Constantinescu, Nicoleta-Elena Buzatu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: mediation agreement; penal causes; penal mediation; civil aspect of the penal trial; judicial costs

Summary/Abstract: The mediation agreement in Penal Causes shall appear in a written ad probationem form as to be opposable to a third party and be sent to the judiciary bodies. The juridical nature of this agreement is that of a contract between parties. In its content the agreement should refer to a minimum of several elements. As for the clauses agreed upon, the content of the mediation agreement differs according to the way the convention between the parties was settled: full agreement on both the penal aspect and the civil aspect of the penal cause or, partial agreement on the penal aspect or on the civil aspect of the penal cause. In both cases, the express provision concerning the way the judiciary costs are to be paid, obviates the cases in which - in the absence of this provision - the injured person would be obliged - in the virtue of the Code on Penal Procedure - to pay a part of the judiciary costs, although he manifested clemency for the doer or, succeeded to solve his civil claims in an extra judiciary way. The mediation agreement proves to be an important component of the penalprocedure having, at the same time, the obligation to observe and fulfill some formal conditions as well as the procedures imposed by the law.

  • Issue Year: III/2014
  • Issue No: 2
  • Page Range: 393-412
  • Page Count: 20
  • Language: English