The consequences of normative regulation of criminal mediation in the accusing system of continental legal tradition in Chile

• Autor(a) principal: Ramírez, Isabel González
• Data de Publicação: 2018
• Outros Autores: Martínez, María Soledad Fuentealba
• Tipo de documento: Artigo
• Idioma: spa
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/77121
• topic: Regulation; Criminal mediation; Principle of procedural legality; Restorative justice; Regulación; Mediación penal; Principio de legalidad procesal; Justicia restaurati

This article presents a study that evaluates the consequences of normative regulation of Criminal Mediation in an accusatory system of continental tradition like the Chilean, as an alternative and autonomous solution. The approach works by means of an exploratory-descriptive design, using qualitative methodology and comparative law, as well as secondary sources and a limited fieldwork in a sample of legal operators. The conclusion is that this normative inclusion could represent a contribution to the criminal system, to the victim, the accused and society, once it would require the exhaustive regulation of issues that prevent discriminatory decisions in the derivation and termination of the mediated crimes, so as not to affect the principle of procedural legality.