Mecanismos alternativos de solución de conflictos en materia penal en Chile. Una propuesta de lege ferenda

Abstract

The introduction of alternative procedures to resolve conflicts in criminal justice has been discussed for many years. Amongst other reasons, the suspicion the compensation scheme currently creates and the limited support given to the victim, given that the relationship is, essentially, focused on the State and the perpetrator of the crime. The study aims to examine why it is necessary to give greater relevance to restorative justice, addressing comparative examples, in particular Mexican and Colombian. Furthermore, a de lege ferenda proposal is offered, determining the legal opportunity to incorporate these procedures. Although there is no attempt to replace traditional criminal justice, they can complement one another, since they can also achieve preventive purposes.