Algunas reflexiones sobre la justicia restaurativa en el sistema español de justicia penal.

Abstract

From the second half of the 20th century it is possible to notice in the legal western systems a progressive loss of confidence in the judicial ways of conflicts solution and a parallel growth of alternative methods, based fundamentally on arbitration, conciliation and mediation. This trend has also reached to the criminal procedure, a scope traditionally foreign to the Alternative Dispute Resolution ADR, with a notable force and a visible impulse, between the end of the 20th century and the beginning of the 21st century. The implementation of the penal mediation, its compatibility with the principles, guarantees and fundamental rights of the process, and the recognition of the victim�s decision-making powers with regard to the criminal responsibility of the alleged authors constitute, in this age, formidable challenges to the criminal procedure in the frame of a rethinking and a general reflexion about the efficacy, the courses and the aims of the modern accusatory systems of the penal justice.