Aplicarea procedurii medierii în procesul penal, pentru infracţiunile din Codul penal care prevăd că împăcarea înlătură răspunderea penală
Applying the Mediation Procedure in Criminal Law for the Offences - Provided by the Criminal Code - that Remove Criminal Liability

Summary/Abstract: According to Article 1 of Law no. 192/2006, mediation is a way of settling litigations in an amiable manner by using the services of a third party that is specialized to work as a neutral, impartial and confidential mediator who is commonly agreed upon by the litigants. Mediation relies on the confidence that the parties have in the mediator, whom they regard as a person that is capable of facilitating negotiations and of supporting them to settle the dispute by identifying a mutually convenient, efficient and lasting solution for their conflict.The institution of mediation, differently from the institution of reconciliation that is provided by Article 159 of the Criminal Code, constitutes a particular ground for removing criminal liability, it is provided in a special law and it is considered to be a self-contained institution which has a distinctive legal regulation so that it could intervene at any time in the criminal trial until a final solution is given to the cause thanks to the fact that it is not subject to the term stipulated by Art. 159 paragraph 3 of the Criminal Code.

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