Situation of Restorative Justice Two Decades after the Criminal Procedure Reform in Chile
The objective of this chapter is to analyze the current situation of restorative justice two decades after the transition from the inquisitive criminal procedural system to an accusatory one in Latin America and especially in Chile. The reform to the criminal procedural system that began in 2000 in Chile, incorporating the principle of opportunity to criminal action and thereby allowing the application of alternative solutions, of shortened and simplified processes to replace the oral trial, which allowed the use of restorative mechanisms in the treatment of crimes. For this research, a qualitative and dogmatic methodology was used, with a descriptive and exploratory design. Faced with the conclusion that without prejudice to the fact that, in some Latin American countries, restorative mechanisms were regulated by law, such as criminal mediation, even at the constitutional level, it has not had an influence on the resolution of criminal conflicts that would have occurred. expected, with an incipient use and in crimes of little seriousness, confusing these with alternative outlets, where the participation of the victim is practically non-existent and today they do not fulfill the purposes contemplated in their design, focusing these on judicial decongestion, more, 1 Profesora e Investigadora de la Facultad de Derecho y Humanidades de la Universidad Central de Chile (Santiago-Chile), Doctora en Derecho Penal (Univerisdad de Buenos Aires, Argentina). Correo electrónico: [email protected]). that in offering solutions according to the needs of justice of the citizens and reparation of the damage caused by crime.
