Abstract

SANCHEZ GARCIA, Arnulfo  and  FERNANDEZ SILVA, Yulisán. From the opportunity regulated to the mediation. An Inescapable progression for the repositioning of the victim in the Cuban penal process. Justicia [online]. 2019, vol.24, n.36, pp.175-192. ISSN 0124-7441.  https://doi.org/10.17081/just.24.36.3764.

The article presents an outline of the current situation of the victim in the Cuban criminal process, and the aspects that affect their exclusion and vulnerability. From that perspective, the components of the Mediation are evaluated, which would favor their return as a procedural subject, and a greater effectiveness in repairing the damage. The exercise of discretion analyzed by the Public Prosecutor's Office and the feasibility of establishing a progressive scheme that operates based on the application of opportunity criteria towards referral to Mediation cases are analyzed. Finally, criminal typologies are identified in which an approach from this non-adversarial route is more feasible.

Keywords : mediation; victim; criminal procedure; reparation; public ministry.

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