La cuestionable deriva legislativa de la mediación penal en España, ¿de solución alternativa a las penas a una pena más sin alternativa?

Zusammenfassung

This work analyzes the different problems that the introduction of an institution of eminently private origin, such as mediation, has posed in a system, such as that of Criminal Justice, endowed with an emi-nently public nature and functions. The aim is to highlight how these diverse natures are not only causing problems when mediation can be adequately integrated into the functioning of the penal system, but also, on the other hand, the eminently public and repressive nature of the penal system is determining that mediation is sometimes ceasing to act as an alternative mechanism to punishments, and starting to do so as a kind of new type of punishment applicable with respect to crimes that generate greater social rejection, something that it would be advisable to avoid.