Abstract

TIXI TORRES, Diego Fabricio; IGLESIAS QUINTANA, Janneth Ximena  and  CAJO CALLE, Ivonne Patricia. Criminal conciliation and its compatibility with legality and constitutionality. Universidad y Sociedad [online]. 2023, vol.15, n.6, pp. 501-507.  Epub Dec 10, 2023. ISSN 2218-3620.

This research study aims to analyze the implementation of conciliation in criminal matters from a criminal law and restorative justice perspective, which seeks to repair the damage caused by a criminal conduct. To this end, the general aspects, and fundamental characteristics of this alternative method of conflict resolution incorporated in the Organic Integral Penal Code are examined, with special attention to its application within the criminal procedures established in the Ecuadorian legal system. This analysis is carried out within the framework of constitutional and legal principles and considering the punitive power of the State as a last resort. Restorative justice has revolutionized thinking in the criminal field and is beneficial for the accused, the victim and society, since it seeks to reach equitable agreements that solve the conflict between the parties, even if legality must be set aside in terms of the deadline for presenting the conciliation. The research uses a qualitative and quantitative approach.

Keywords : Restorative justice; Comprehensive Organic Criminal Code; Criminal conduct.