Mediation Procedure in Case of Crime of Preventing the Freedom to Practice Religion
Mediation Procedure in Case of Crime of Preventing the Freedom to Practice Religion

Author(s): Nicoleta-Elena Heghes
Subject(s): Criminal Law, Human Rights and Humanitarian Law
Published by: Scientia Moralitas Research Institute
Keywords: religious freedom; crime; parties;
Summary/Abstract: In this article we intend to highlight the particularities of the mediation procedure in the case of crimes of preventing the freedom to practice religion provided in article 381 of the Romanian Criminal Code. Mediation applies in criminal cases concerning offenses for which, according to the law, the withdrawal of the prior complaint or the reconciliation of the parties removes the criminal liability. According to the Criminal Code in force, crime of preventing the freedom to practice religion is one of those crimes that are subject to mediation. Mediation includes two phases: the phase preceding the mediation procedure, in which the parties come to find out about the advantages of mediation. Once they have taken note of this, the parties shall decide whether or not to accept the mediation and shall send the invitation to mediation to the opposing party through the mediator. A second phase is the actual mediation, which can take place in a single session or more, being both joint sessions and separate sessions, depending on the will of the parties. The mediation procedure can be concluded by a mediation agreement, by denouncing the mediation contract or the failure of the mediation is ascertained.

• Details
• Contents