Restorative Justice and its responses to criminal conflict. Responsibility and reparation

Abstract

For some years now, the need to incorporate Restorative Justice mechanisms into the criminal procedural system has been raised. However, there is still a discussion about the scope of its responses, particularly concerning the accountability of the offender and reparation to the victim. This paper aims to establish the minimum requirements for the liability of the person who has committed the criminal act to be considered effective. In this sense, questions arise about the need to demand acknowledgment of the act and commitments to avoid it, establishing a parallel is drawn with punishment, especially from the perspective of its communicative and afflictive dimensions. Likewise, reparation to the victim is examined, understanding that for the solution of the criminal conflict, the victim’s restoration must necessarily be considered. In this order, the nature of restorative encounters and how they should be understood is analyzed.