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

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.”

Keywords: mediation, felony of battery and other violences, procedure, agreement