Criminal Law Mediation

During the meeting of chief prosecutors from the Prosecutor's Office attached to the High Court of Cassation and Justice, the National Anticorruption Directorate, DIICOT, and the prosecutor's offices attached to the courts of appeal - Bucharest, December 8-9, 2025 - the issue of the necessity of the prosecutor's endorsement of the Mediation Agreement was debated, in cases where criminal action was initiated ex officio - a matter currently under considerable debate, in relation to the provisions of art. 158 para. (4) of the Criminal Code, which stipulate that the withdrawal of the complaint produces effects only if it is endorsed by the prosecutor.

The majority opinion of the participants, endorsed by the National Institute of Magistracy, was that the provisions of art. 158 para. 4 of the Criminal Code cannot be applied in the case of mediation, since through Decision no. 9/2015 of the High Court of Cassation and Justice - Panel for the resolution of legal issues it was established that, in applying the provisions of art. 67 of Law no. 192/2006 on mediation and the organization of the mediator profession, the conclusion of a mediation agreement constitutes a sui-generis cause that removes criminal liability, distinct from reconciliation and withdrawal of the complaint.

This means that, for offenses where the withdrawal of the criminal complaint cannot take place because it would require the prosecutor's endorsement, the only option remains mediation.