Transactio in Roman law delicta and crimina processes and modern penal mediation. Historical and legal reflections on restorative justice
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Title
Transactio in Roman law delicta and crimina processes and modern penal mediation. Historical and legal reflections on restorative justiceAuthor (s)
Date
2023-12-01Publisher
HeinOnlineISSN
2367-7007Bibliographic citation
Lázaro Guillamón, Carmen. "Transactio in Roman Law Delicta and Crimina Processes and Modern Penal Mediation: Historical and Legal Reflections on Restorative Justice." Ius Romanum (2023): 20-43Type
info:eu-repo/semantics/articlePublisher version
https://iusromanum.info/en/portfolio/broi-i-2023/Version
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Abstract
Penal mediation is the new paradigm that current penal doctrine tries
to integrate as innovation in criminal proceedings from the socalled principles of
restorative justice. In this context, the Roman experience ... [+]
Penal mediation is the new paradigm that current penal doctrine tries
to integrate as innovation in criminal proceedings from the socalled principles of
restorative justice. In this context, the Roman experience has been forgotten, as if with
innovative penal mediation is intended that the parties build an eventual final
agreement of economically, emotionally... restoration, the agreement that occurs in the
context of the prosecution of a criminal offense was possible in the field of delicta and
crimina of Roman law. The parties could agree through the agreement ending the
dispute which was originated in this criminal context. Such basis may, likely, be useful
for the intended integration of penal mediation in the current criminal justice system.
Thus, the essential interest of this work is the analysis of Roman legal sources which
end the dispute through pactum, transactio, when the cause of litigation is a delitum or
a crime. They also get a historical-critical view of the management of penal mediation
procedures. [-]
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