Criminal Law Mediation

Mediation in criminal law applies to both the criminal and civil aspects of a case.

Criminal Aspect

According to the law, mediation applies only to criminal offenses for which the withdrawal of the prior complaint or the reconciliation of the parties removes criminal liability. For other offenses, mediation may result in the prosecutor dropping charges, reduction of the sentence, suspended execution of the sentence under supervision, or postponement of the sentence.

Such measures can be ordered by the prosecutor or the judge after verifying that the conditions for these measures are met, with the mediation agreement playing a key role.

Civil Aspect

The civil aspect concerns the compensation claimed for repairing the damage caused by the offense.

Offenses where reconciliation removes criminal liability

Assault or other violence and bodily harm through negligence committed against a family member
Theft, qualified theft, theft for use purposes
Appropriation of found property or property reached by error
Fraud and insurance fraud

Offenses where withdrawal of the complaint removes liability

Assault or other violence; bodily harm through negligence; threats; harassment
Rape (para.1, 2, and 5); sexual assault (para.1 and 5); sexual harassment
Violation of domicile; violation of professional headquarters; violation of private life
Disclosure of professional secrets
Theft committed between family members or by a minor to the detriment of the guardian
Breach of trust; breach of trust by defrauding creditors; bankruptcy
Fraudulent management; destruction (para. 1, 2, and 6); disturbance of possession
Nonallegiance assistance and representation; non-compliance with court decisions
Violation of the secrecy of correspondence; family abandonment
Non-compliance with measures regarding the entrustment of minors

Mediation Procedure

Parties can opt for mediation on their own initiative or upon recommendation by judicial bodies. In criminal matters, judicial bodies must inform the suspect, defendant, or injured party of their right to use a mediator.

Advantages of Criminal Mediation

For the Injured Party:

Much shorter time for damage recovery
Confidentiality and image protection
Avoiding emotional stress and the risk of an unfavorable outcome

For the Suspect or Defendant:

Avoiding a criminal conviction and its consequences
The agreement prevents the initiation or continuation of criminal action
Possibility of dropping charges for offenses punishable by up to 7 years in prison
Confidentiality and legal assistance

Need Criminal Law Mediation?

Mediator Laurențiu Tudorache can help you find an amicable solution in criminal cases.