The dialogic character of the process in cases of recognition of responsibility before the special jurisdiction for peace: Challenges for the criminal law in transitional justice contexts

Abstract

This article aims to establish the meaning that the dialogic principle has in criminal prosecution before the Special Jurisdiction for Peace, when the defendant accepts responsibility, as well as possible implications and difficulties of its implementation. The main argument is that the dialogic principle represents an aspect directly related to the procedure's structure, whose real consequences still must be defined. However, this may impact the fulfillment of the victim's expectations. In any case, it seems that the greatest difficulties arise from the diversity of goals pursued by crimes prosecution in this context and the tensions between them, due to the criminal, restorative and transitional nature of the Special Jurisdiction for Peace.