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The right to a mediator is a fundamental right in the new criminal legislation, being expressly mentioned in articles 81 and 83 from the New Criminal Procedure Code, as a personal right – but shared by both the victim and the defendant. Mediation cannot even take place without the involvement of both parties and only if it is possible for both of them. By incriminating these actions, the Romanian legislator sought to create a protection for the patrimony of every person or legal entity, establishing to this effect an obligation to surrender the found goods or to not unlawfully dispose of them.

Mediation in the Case of Appropriating a Found Good or Mistakenly Taken by the Offender