ROLUL ȘI ATRIBUȚIILE STRUCTURILOR DIN SISTEMUL JUDICIAR ȘI DE ORDINE PUBLICĂ ÎN CADRUL PROCEDURILOR ALTERNATIVE DE SOLUȚIONARE A CONFLICTELOR
ROLE AND DUTIES OF STRUCTURES IN THE JUDICIAL AND ORDER SYSTEM PUBLIC IN ALTERNATIVE SETTLEMENT PROCEDURES CONFLICT

Summary/Abstract: The European Union urges Member States to encourage the use of mediation in the dispute settlement procedure between victims and criminals as a flexible, comprehensive, useful, participatory, complementary or alternative option to traditional criminal proceedings. The Motivation of the Recommendation states that by mediating interference in criminal disputes, it is intended to achieve „the legitimate interest of victims in having a say in dealing with the consequences of their victimization, communicating with the offender and obtaining apology and compensation.” It also shows that accountability is needed and „to give them concrete opportunities to move forward, which would facilitate their reinsertion and rehabilitation”. According to this Recommendation, the decision to direct the parties to a criminal conflict to mediation must be a matter for the judicial bodies. Before instructing them to mediation, the parties must be informed of their rights, the voluntary nature of their participation in the mediation procedure, and the effects of their decision on the conduct of court proceedings. Irrespective of the quality they have in the criminal case (victim or offender), the recommendation forbids the use of coercive means to cause parties to accept mediation.

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