Mediation in penal causes

AuthorCamelia Serban Morareanu
PositionFaculty of Law and Administration, The Law Department, University of Pitesti, Romania
Pages113-118
AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No.1 (2012), pp. 156-161
156
MEDIATION IN PENAL CAUSES
C. erban Morreanu
Camelia erban Morreanu
Faculty of Law and Administration, The Law Department
University of Pitesti, Romania
*Correspondence: Camelia erban Morreanu, University of Piteti, 1 Târgu din Vale St.,
Piteti, Romania.
E-mail: cameliamorareanu@yahoo.com
Abstract
Law 192 /16 May 2 006 regarding mediation and organization of the profession of
mediator, modified by different normative acts – the last modification being inserted by Law
202/2010 – has the merit of inserting in the Roma nian jurisprudence a new way of solving
conflicts. In terms of this study, it is relevant the way in which the institution of mediation
has helps in solving penal conflicts which is already, or is about to be brought before
judicial bodies.
This analysis considers the corroboration of the first men tioned law with the
provisions of the Criminal Procedure Code, but also the way in which mediation is an
important institution of the n ew Criminal Procedure Code, adopted by Law 135/2 010,
published in the number 486 from the date of July, 15
th
2006.
Law 192 of 16 May 2006 is part of the European set of laws in this area, without
stating that its elaboration was made based on a certain pattern. This law guarantees the
adjustment to present Romanian realities and the a cceptance by the jurispruden ce of this
new institution.
Key words: mediation agreement, penal trial, new Criminal Code, new Code of
Criminal Procedure.
Introduction
In Romania, mediation was stated by Law 192 /2006, published in the Official
Journal, 1
st
Part, no. 441 from the date of May 22
nd
, 2006. Subsequently, this law has
suffered several modifications and amendments
1
, necessary for the R omanian legislation to
harmonize with the communitarian one, esp ecially with the provisions of Directive
2008/52/EC
2
on certain aspects of mediation in civil and commercial matters. Thus, express
provisions regarding the way in which the pa rties enforce their mediation agreement by
public notary or by court were inserted.
Though it was adopted in 2006, the law entered into force in 2 008, when was
published the Mediators’ Table. The purpose of the law was the decrease of the volume of
activity of courts and prosecutor’s offices and, as a consequence, reliving them of some
cases, in order to increa se the quality of justice by satisfying the interest of both parties.
1
By Law 370/2009 and Government Injunction No. 13/2010. Prosecutor at the Prosecutor’s Office attached to the
Court of Appeal Pitesti, Lecturer PhD – University of Pitesti, (e-mail: cameliamorareanu@yahoo.com).
2
Elise Vâlcu, Introduction to Community law. Course for students, Sitech Publishing-house, Craiova, 2010, pp.
278-279.

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