A MEDIATION SETTLEMENT UNDER THE CIVIL PROCEDURE CODE AND A SETTLEMENT UNDER ART. 162 OF EXECUTIVE PENAL CODE SELECTED ISSUES

Abstract

The issues of mediation and the resulting agreement in the form of a settlement have been present in the society for many years. Despite this, the above issues are still popular due to the continuing doubts. This is dictated by various factors, including the specificity of the procedure in which mediation occurs. As it seems, this is clearly visible in the Executive Penal Code, where, due to the goals to be met by the settlement concluded as part of mediation proceedings and the residual regulation of Art. 162 1 sentence 1 of the Executive Penal Code, these doubts are fully justified. Therefore, in this study an attempt was made to consider the possibility of using the solutions from the Code of Civil Procedure and the Civil Code on the basis of Executive Penal Code.

Keywords

• mediation
• settlement
• aggrieved party
• perpetrator
• restorative justice