Mediation during the Serving of a Sentence?
Keywords:
mediation; sentence; alternative dispute resolution; criminal mattersAbstract
The legislator has defined mediation, in Article 1, paragraph 1, of Law No. 192/2006 on Mediation and the Organization of the Mediator Profession, as a method of amicably resolving conflicts with the assistance of a specialized third party acting as a mediator, under conditions of neutrality, impartiality and confidentiality, and with the free consent of the parties. The same law provides that mediation may also be used in criminal cases, covering both civil and criminal aspects. In the latter case—that is, on the criminal side—mediation takes place under the expressly stipulated conditions, up to a certain point, namely the reading of the court complaint. In this context, we believe it is necessary to analyze the institution of mediation in light of the legal provisions in force, with reference to the protocol between the Mediation Council and the National Prison Administration.
References
Decision No. 1046/2026 of April 28, 2026, issued by the Bucharest Sector 5 Court, case number RJ 9dg92d37g, online, available at: https://rejust.ro/juris/9dg92d37g, accessed: 13.06.2026.
Decision No. 804/2026 of May 22, 2026, issued by the Tulcea Court of First Instance, case number RJ e9662966e, online, available at: https://rejust.ro/juris/e9662966e, accessed: 13.06.2026.
https://consiliuldemediere.ro/, accessed: 12.06.2026.
https://consiliuldemediere.ro/protocoale, accessed: 12.06.2026.
https://e-justice.europa.eu/topics/taking-legal-action/mediation/mediation-eu-countries/, accessed: 07.05.2026.
https://www.notariesofeurope.eu/en/notaries/mediation-notaries/, accessed: 07.05.2026.
International Mediation Institute (IMI), online, available at: About IMI - International Mediation Institute, accessed: 06.05.2026.
International Organization for Mediation (IOMed), online, available at: https://www.iomed.int/about-us/, accessed: 06.05.2026.
Law No. 192/2006 on mediation and the organization of the profession of mediator, published in the Official Gazette of Romania no. 441 of May 22, 2006, as subsequently amended and supplemented.
Law No. 286/2009 on the Criminal Code, published in the Official Gazette of Romania No. 510 of July 24, 2009, as subsequently amended and supplemented.
Mediation Council, 2018. Statistics from the High Court of Cassation and Justice (PÎCCJ) on the number of cases resolved through mediation in 2017, online, available at: https://www.universuljuridic.ro/consiliul-de-mediere-statistica-piccj-referitoare-la-numarul-cazurilor-solutionate-prin-mediere-anul-2017/, accessed: 08.05.2026.
Mihai, A.V., Teriș, E., 2014. Ce mai mediem? Statistică și întrebări/ What else are we mediating? Statistics and questions, available at: Ce mai mediem? Statisticășiîntrebări - JURIDICE.ro, accessed: 12.06.2026.
Protocol with the National Prison Administration, signed in 2024, online, available at: https://consiliuldemediere.ro/lib/pgajux/SKM_C22724072313430-m4o6dvnt.pdf, accessed: 13.06.2026.
Protocol with the Prosecutor’s Office attached to the High Court of Cassation and Justice, signed in 2016, online, available at: https://consiliuldemediere.ro/lib/pgajux/Protocolul20incheiat20cu20Parchetul20General-m4o6ctvp.pdf, accessed: 13.06.2026.
Recommendation (99)19—concerning mediation in criminal matters, adopted by the Committee of Ministers on 15 September 1999 at the 679th meeting of the Ministers' Deputies, online, available at: https://search.coe.int/cm#{%22CoEIdentifier%22:[%22090000168062e02b%22],%22sort%22:[%22CoEValidationDate%20Descending%22]} , accessed: 05.05.2026.
Recommendation CM/Rec (2017) 3 of the Committee of Ministers on the European Rules on community sanctions and measures, adopted by the Committee of Ministers on 22 March 2017 at the 1282nd meeting of the Ministers' Deputies, online, available at: https://rm.coe.int/168070c09b , accessed: 05.05.2026.
Recommendation No. R (92) 16 of the Committee of Ministers addressed to member states European Standards on Community Sanctions and Measures, adopted by the Committee of Ministers on 19 October 1992 at the 482nd meeting of the Ministers' Deputies, online, available at: https://search.coe.int/cm#{%22CoEIdentifier%22:[%2209125948801c4d51%22],%22sort%22:[%22CoEValidationDate%20Descending%22]}, accessed: 05.05.2026.
Recommendation No. R (99) 22 of the Committee of Ministers concerning prison overcrowding and prison population inflation, adopted by the Committee of Ministers on 30 September 1999 at the 681st meeting of the Ministers' Deputies, online, available at: https://rm.coe.int/168070c8ad , accessed: 05.05.2026.
The Decision No. 9/2015 of the High Court of Cassation and Justice, issued to resolve a point of law, published in the Official Gazette of Romania No. 406 from June 9, 2015.
United Nations Charter, the founding document for the United Nations, signed on June 26, 1945, entered into force on October 24, 1945, online, available at: https://www.un.org/en/about-us/un-charter/full-text, accessed: 06.05. 2026.
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Copyright (c) 2026 Mihaela Rotaru (Author)
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