Mediation in criminal law

At the meeting of chief prosecutors from the Prosecutor''s Office attached to the High Court of Cassation and Justice, the National Anticorruption Directorate (DNA), DIICOT and the prosecutor''s offices attached to the courts of appeal — Bucharest, 8–9 December 2025 — the participants debated whether a mediation agreement must be confirmed by the prosecutor when criminal action has been initiated ex officio, an issue raised with reference to article 158 paragraph (4) of the Romanian Criminal Code, under which withdrawal of the complaint produces effects only if confirmed by the prosecutor.

The majority opinion, endorsed by the National Institute of Magistracy (INM), was that the provisions of article 158 paragraph 4 of the Criminal Code do NOT apply to mediation. By Decision no. 9/2015 of the High Court of Cassation and Justice — Panel for the resolution of legal issues, in applying article 67 of Law no. 192/2006 on mediation and the organisation of the mediator profession, the conclusion of a mediation agreement is a sui generis ground that removes criminal liability, distinct from reconciliation and the withdrawal of a complaint.

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