The dilemma of criminal mediation: ¿Conflicts or crimes Solution?

Abstract

The implementation of mediation in the criminal field, has generated a group of questions, about the aim pursued by the sub-sign of the reparatory agreement. About this subject, it should be noted that the processing of criminal proceedings, through peaceful channels such as mediation, it can be a dilemma between the resolution of conflict or crime, which motivates them to reveal which factors are predominant in the implementation of these non-adversarial devices. In this sense, by mean of the application of the documentary analysis method, the article was focus on identify the criminological springs that active criminality, and assessing what aspects are decisive for the application of mediation in the criminal process, taking into account the ius puniendiand the participation of the victim and the offender. It was concluded that the perception of conflict as a trigger for criminality, it is an item tied to individuals with needs and interests, unsatisfied. This implies that, the instrumentalization of the mediation by means of skills and communicative hardware to unravel the dispute, is managed to attack the root conflict, beyond discriminating against crimes.