Eficacia de la justicia restaurativa en el proceso penal colombiano

Abstract

In order to determine if the restorative justice mechanisms in the Colombian criminal process have been effective as a complementary and alternative measure, analyzing whether the implementation of restorative justice mechanisms in the city of Barranquilla represents a significant effort on the part of the system. judiciary and public institutions to promote more humane, equitable and effective conflict resolution. At the same time, the effects on the actors involved in the process are noted, during the time of implementation of said mechanisms, which are many factors that have influenced and one of those is that many agents of power, have a little or a lot to do with the occurrences of acts that have been committed. committed against entire populations and ordinary citizens, who have been victims of the conflict that has been waged in our country for decades. Also, the possible shortcomings of the implementation of the proposed mechanisms by the criminal system are verified, for the reintegration of the offender and the reparation of the victims as a new element to be implemented, which, restorative justice has had several setbacks in its application and compliance. To conclude, it is said that the restorative justice model highlights the active participation of the victims, in the processes that have been carried out to date, but true reparation has not been achieved for them, while the perpetrators of the crimes receive benefits without having been able to compensate for the damage caused by their actions and leading to true reconciliation between victims and actors of crime. Likewise, make the necessary adjustments under the pending and urgent reforms that achieve the effectiveness of the full implementation of Restorative Justice, to have it as an alternative tool to the traditional procedures and the new ones to be implemented for the good of the victims and the other actors of punishable conduct in the Colombian criminal system.