El hecho jurídico restaurable en el derecho penal

• Autores: Óscar Daniel Franco Conforti
• Localización: Revista General de Derecho Penal, ISSN-e 1698-1189, Nº. 32, 2019
• Idioma: español
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• Dialnet Métricas: 2 Citas
• Resumen

  • The idea that a society without conflicts is only imaginable in a world of individuals living in a space without scarcity and who have neither ambition nor agreed to pretend to reach new goals or objectives seems generalised.

    Under the premise of correcting a current legal problem, which is to provide care to the victim of crime that it has not been received by the criminal law until now, a growing diversity of victim assistance programs has been generated for some years now, many of them of them within the so-called "Restorative Justice" in the criminal field.

    However, sometimes, these good intentions towards the victim of a crime have been hidden behind convenient flexibility and/or conceptual darkness, as if the definition and constitutive elements of the "Restorative Justice" were hidden behind an opaque theoretical curtain.

    This article provides dogmatic support to the Restorative Practices in the criminal field in order to modify the Criminal Code to avoid the victim's contempt and, at the same time, grant the perpetrator the opportune tools to redeem and rebuild the confidence that with his activity has broken with respect to the Company.