Abstract

SAMPEDRO-ARRUBLA, Julio Andrés. RESTAURATIVE JUSTICE: A NEW CHANNEL, FROM THE VICTIMS TOWARDS THE SOLUTION OF THE CRIMINAL CONFLICT. Int. Law: Rev. Colomb. Derecho Int. [online]. 2010, n.17, pp.87-123. ISSN 1692-8156.

This article seeks to provide a new perspective to the study of Restorative Justice as an instrument that allows a humane and creative common ground in search of a consensual solution to the process and creation of new ways of coexistence. In order to do so, it begins by arguing that, as an alternative perspective of the criminal process, Restorative Justice must recognize that punishable conduct causes concrete damages to the involved individuals as well as the community in general. As such, the community and the parties involved should be allowed to participate in the solution of the conflict. The article proceeds to highlight the basic principles of Restorative Justice such as truth, justice and reparation; as much as the requirement to treat victims, individually and collectively, as the main characters of the crime and, in that sense, return to criminal, humanitarian, mediatory, reparative and compensatory justice so as to achieve a reconciliatory dialogue between the perpetrators and the victims.

Keywords : Restorative justice; criminal procedure; victim; truth; justice; reparation; Restorative justice; criminal procedure; victim; truth; justice; reparation.

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