The right to a mediator is a fundamental right in the new criminal legislation, being expressly mentioned in articles 81 and 83 from the New Criminal Procedure Code, as a personal right – but shared by both the victim and the defendant. Mediation cannot even take place without the involvement of both parties and only if it is possible for both of them.
By incriminating these actions, the Romanian legislator sought to create a protection for the patrimony of every person or legal entity, establishing to this effect an obligation to surrender the found goods or to not unlawfully dispose of them.
1. Cristiean, V. (2017), Drept penal. Partea special? I, Universul Juridic Publishing House,
Bucharest, p. 201.
2. Mateu?, G. (2007), Medierea penal?, in Dreptul nr. 7/2007, p. 149.
3. Law no 192/2006 concerning mediation and the organization of the mediation
profession, published in Romanian Official Gazette, Part I, no 441 from 22 May 2006,
with subsequent modifications.
4. Ruling 27 of September 6th, 2006 by the High Court of Cassation and Justice of
Romania Published in Monitorul Oficial al României, Part I, nr.190 from 20.03.2007.
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