Reconciliation of the Parties to the Proceedings which Removes the Criminal Liability
Reconciliation of the Parties to the Proceedings which Removes the Criminal Liability
Author(s): Petre UngureanuSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura Fundaţiei România de Mâine
Keywords: causes that remove criminal liability; reconciliation; criminal action;
Summary/Abstract: Reconciliation of the parties is one of the causes that removes criminal liability, together with amnesty, prescription of criminal liability, lack of prior complaint, withdrawal of preliminary complaint. The new regulation has limited the situations in which reconciliation operates only to offenses in which the criminal proceedings are initiated ex officio, in cases where they are expressly provided for by law. In practice, the institution of reconciliation can only be applied to offenses of theft (Article 228 of the Criminal Code) or qualified theft (provided in Article 229 (1) and (2) (b) and (c) of the Romanian Criminal Code), misappropriation of property found or mistaken for the perpetrator, Article 243 Penal Code), deception (Article 244 of the Criminal Code), insurance fraud (Article 245 Penal Code), but also in the case of offenses of violence and other violence and harm personal injury committed against a family member in accordance with Article 199 paragraph 2 of the Romanian Criminal Code. In the old regulation, the establishment of reconciliation also applied to offenses in which the criminal action was brought to the prior complaint of the injured person.
Journal: Journal of Law and Public Administration
- Issue Year: IV/2018
- Issue No: 8
- Page Range: 173-176
- Page Count: 4
- Language: English