The reasonable information of mediator on the significant elements of the criminal case for mediation
Journal Title: Revista Institutului Național al Justiției - Year 2019, Vol 48, Issue 1
Abstract
The mediation procedure in criminal proceedings is subject to the criminal procedural norms of criminal law, corroborated with the rules of the mediation procedure, so that it also takes into account for the respect of the rights and freedoms of the parties to resort to the mediation procedure in the criminal proceeding. In order for the criminal law to prevent erroneous interpretations and arbitrary actions, we consider that the term „reasonable time” in criminal law and criminal proceedings should be complemented with clear deadlines, the reasonable period of 5 days for the mediator's access to the data of the parties from the dossier for which it proposed the mediation being considered rather as a recommendation term than thedecay term. This reasonable period of 5 days may be set up to ensure a high degree of rhythm and fluidity of the criminal procedure and to inform the mediator in the criminal proceedings, in such a way that the right to inform the mediator about the data needed to initiate the mediation procedures to be subsumes to the relative notion of the reasonable time.
Authors and Affiliations
Vasilica-Leontina Tudor
Keywords
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