EIRP Proceedings, Vol 8 (2013)

Mediation in Penal Cases on the Offence of Simple Destruction

Nicoleta Elena Buzatu

Abstract


Mediation is applied in the penal cases referring to offences for which, according to the law, the withdrawal of the beforehand complaint or the reconciliation of the parties obviate the penal responsibility. The destruction offence, provided in article 217 of the Penal Code, is included in the category of such offences. Mediation is possible only in the cases described in paragraph (1) of the above mentioned article: destruction, degradation or bringing the goods belonging to another person to a state of non-use, hindering the measures of preservation or protection of such goods and the removal of the already taken measures, as well; such acts are punished with prison from one month to three years or with a fine.

The mediation activities shall take place in conformity with the legal regulations on mediation, in conformity with the norms regarding the organization and functioning of the Code of Ethics and with other documents containing data about the rules to be respected. At the national level there are a series of documents describing the procedures of mediation.


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