Mediation in Penal Cases on the Offence of Simple Destruction

Author:Nicoleta Elena Buzatu
Position:Senior Lecturer, PhD., 'Dimitrie Cantemir' Christian University, Bucharest, Romania
European Integration -
Realities a
Mediation in
Penal C
: Mediation is applied in th
withdrawal of the beforehand comp
The destruction offence, provided
offences. Mediation is possible only
ction, degradation or bringing
measures of preservation or pr otectio
such acts are punished with prison fr
take place in c onformity with the leg
organization and functioning of the C
to be respected. At the national level
offence; injured party; o
1. Introduction
The offence of destruction -
patrimony, as provided in title III. T
domain of the social structure, as hav
types of social orders (Bulai; Filipa
being the total amount of econom
considered to refer to all material
economical duties.
From a penal po
case of less important conflicts tha
situations and to which, the very law
complaint necessary
for a penal law
penal lawsuit stop.
This is the reason
parties reconciled, they cannot avo
emotionally -
this aspect is called res
reasons standing at the basis of the o
2. Analysis of
the Offence of De
Definition and Characteristics
Destruction is the deed that causes m
by the Penal Code of Romania (Law
article 217 and considered to be an in
Senior Lecturer, Ph
D., ”Dimitrie Ca ntemir
4th District, Bucharest, Romania, Tel
.: +4 (0
es and Perspectives
l Cases on the Offence of Simple Destruc
Nicoleta-Elena Buzatu
the penal cases referring to offences f or which, according t o th
plaint or the reconciliation of the parti
es obviate the penal resp
d in a rticle 217 of the Penal Code, is included in the categor
nly in t he cases described in paragraph (1) of the above mention
ng the goods belonging to another person to a state of non
use, hin
ction of such goods and the removal of the already taken measure
from o
ne month to three years or with a fine.
The mediation activ
legal regulations on mediation, in conformity with the norms reg
e Code of Ethics and with other documents
containing data abou
vel there are a series of documents describing the procedures of me
; offender/ doer; mediation; Penal Code
le 217 of the Penal Code
is included among the of
I. The patrimonial social relations are considered to be
having an essenti
al role in the complex process in the e
lipas; Mitrache; Bulai & Mitrache, 2008).
omical rights and duties/obligations that belong to
as far the offence of destruction is concerned, patrim
rial goods of the holder and which enable him/her
point of view, mediation is extre
mely useful and ne
that start from the amiable neighborhood or from in
maker granted the parties the possibility of lodging
lawsuit, as well as the possibility of reconciliation tha
son why mediation cannot be used in those conflicts i
avoid the penal responsibility, but o
nly as a modal
restorative justice. At the same time, mediation is mea
e offence and to try to heal the possible psychic trauma
ics of the Offence
s material damages to goods or to a person.
This deed i
aw no 15 of June 2, 1968, republished, with
further am
n independent offence as:
mir” Christian Univer sity,
Bucharest, Romania, Addr ess: 176 Spl
(021) 330.79.00, Corresponding author: nicoleta_buzatu@yahoo.
the law, the
ory of such
oned article:
hindering the
ures, as well;
ctivities shall
egarding the
out the rules
offences against
be an important
e evolution of all
ny is defined as
o a person; yet,
trimony is, first,
her to fulfill all
necessary in the
ing a beforehand
that may make a
ts in which, if the
dality to recover
eant find out the
ma left behind.
d is incriminated
r amendments) in
Splaiul Unirii Street,

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