Medierea judiciară
Judicial mediation

Summary/Abstract: According to the latest legal amendments, the mediation becomes in Romania a real alternative in solving the disputes between parties. Thus, according to the amendments of the Criminal Procedure Code, introduced by Law no. 202/2010, the criminal proceedings may not be instituted, and if it was initiated, may not be exercised in case a mediation agreement has been closed. Also, the acknowledgement of guilt represents a ground in order to reduce According to the provisions of the new Criminal Procedure Code, the prosecutor may waive, in some cases, the criminal prosecution through mediation. Also, it may be negotiated the acknowledgment of guilt, agreement that influences the type and amount of the imposed penalty and the form of its execution. In this way there are created the conditions of the transition from the imposed legal order to a negotiated legal order where, by satisfying the interests of the parties, they tend to change the repressive mentality of criminal justice.

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