Las consecuencias de regular normativamente la mediación penal en el Sistema Acusatorio de Tradición Jurídica Continental en Chile


  • Isabel González Ramírez Universidad Central de Chile
  • María Soledad Fuentealba Martínez Universidad Central de Chile


Regulation, Criminal mediation, Principle of procedural legality, Restorative justice


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.


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