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Mediation in the case of disrespecting measures concerning the custody of the minor

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  • Nicoleta-Elena Buzatu

Abstract

In criminal cases relating to offences for which, according to the law, the withdrawal of the preliminary complaint removes the criminal liability, mediation may be the best solution for the parties to reach an out-of-court-settlement. The defendant or the injured party, if interested in solving the situation faster or recovering the injury, will initiate the criminal mediation proceeding by addressing a mediator. Failure to comply with measures regarding child custody presupposes that a minor child is retained by one parent, without the consent of the other one, or repeatedly prevents a parent from getting in touch with the child. The Criminal Code stipulates that this kind of offences is initiated upon the complaint of the injured person - for which mediation agreement completely removes criminal liability. In this case mediation can take place at any time during the criminal proceedings, including the appeal stage.

Suggested Citation

  • Nicoleta-Elena Buzatu, 2017. "Mediation in the case of disrespecting measures concerning the custody of the minor," Proceedings of International Academic Conferences 5007670, International Institute of Social and Economic Sciences.
    • Handle: RePEc:sek:iacpro:5007670
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    File URL: https://iises.net/proceedings/30th-international-academic-conference-venice/table-of-content/detail?cid=50&iid=008&rid=7670
    File Function: First version, 2017
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    More about this item

    Keywords

    mediation; preliminary complaint; mediation agreement; criminal liability; minor;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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