Mediation as an Alternative Solution to the Felony of Battery and Other Violences

Popescu Stefan Gabriel ()
Additional contact information
Popescu Stefan Gabriel: Dimitrie Cantemir Christian University of Bucharest, Romania

No 035PS, Proceedings of the 13th International RAIS Conference, June 10-11, 2019 from Research Association for Interdisciplinary Studies

Abstract: In most cases, the interest in starting the mediation procedure is given precisely by the existing harm, in cases where the perpetrator provides the injured party with the necessary money to cover the damage or to cover the moral damage suffered by the victim. The lack of interest in mediating the conflict can come from the absence of injury, which is already recovered either during the investigation or at a different time before the mediation. In this situation, where there is no harm to be recovered, mediation is harder to accomplish, but not impossible and material damage can be claimed and offered for the purpose of causing moral damage, thus reaching a settlement. At the same time, the interest in mediation comes mostly from the defendant, from his desire not to go to court, or from the desire to stop the criminal proceedings. According to Art. 23 of the New Criminal Procedure Code of Romania, mediation may intervene “in the criminal proceedings on civil claims, the defendant, the injured party and the civilly liable party, are able to enter into a transaction or mediation agreement, under the conditions laid down by law.â€

Keywords: mediation; felony of battery and other violences; procedure; agreement (search for similar items in EconPapers)
Pages: 9 pages
Date: 2019-07
New Economics Papers: this item is included in nep-law
References: View complete reference list from CitEc
Citations:

Published in Proceedings of the 13th International RAIS Conference on Social Sciences and Humanities, June 10-11,2019, pages 285-293

Downloads: (external link)
http://rais.education/wp-content/uploads/2019/07/035PS.pdf Full text (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:smo:dpaper:035ps

Access Statistics for this paper

More papers in Proceedings of the 13th International RAIS Conference, June 10-11, 2019 from Research Association for Interdisciplinary Studies
Bibliographic data for series maintained by Eduard David ().