Momentul până la care se poate încheia acordul de mediere. Greșita individualizare a pedepsei amenzii. Revocarea liberării condiționate în cazul condamnării la pedeapsa amenzii pentru o nouă infracțiune
The moment until which the mediation agreement may be closed. Wrongful individualization of the fine penalty. Revoking the conditional release in the case of conviction to the fine penalty for a new offence

Summary/Abstract: In the appeal by the defendant C.L. it was found that there is an impediment to the criminal action against him for the accusation of committing the offense of qualified theft following the conclusion by the defendant and the civil party B.G.C. of a mediation agreement even if he intervened after reading the notice. Although the penalty of 1,200 lei, corresponding to a 120-day fine (established for the offense of driving a vehicle without a driving license), is unjustifiably mild to the individualization criteria provided in art. 74 of the new Criminal Code, since the defendant is the only procedural subject that has appealed, thus benefiting from the provisions of art. 418 of the new Code of Criminal Procedure (concerning the non-aggravation of the situation in its own remedy), the punishment applied by the first instance for the offense must be maintained. The provisions of art. 104 par. (2) of the new Criminal Code, since the revocation of conditional release can not be ordered when, for the offense committed within the period of supervision, the court establishes the penalty of the criminal fine, this institution being revoked only if the defendant was convicted to prison imprisonment.

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