La reparación: un rostro difererente en el derecho penal juvenil. Referencia al caso colombiano

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Lina Mariola Díaz Cortés

Keywords

Reparación, conciliación, mediación, víctima, responsabilidad penal juvenil, diversion, principio de oportunidad, preponderancia de la prevención especial sobre la general, principio del interés superior del niño

Abstract

The special nature of the Youth Criminal Law, has been marked by discussions on the measures to implement and procedures to follow. In that debate, issues such as the child’s best interest and considerations on the preponderance of special prevention and overall prevention have been widely discussed by the doctrine. Linked with the above, appear concepts as repair, which is difficult to interpret bearing in mind the many edges that involves its definition. At the present Code on Childhood and Adolescence – Act 1098 of 2006 - the reconciliation and reparation for the damage end the criminal process. From the analysis of its regulation we can infer that the repair is incorporated into a relationship with the perpetrator-victim compensation, in which concepts such as mediation, regulation of conflict, reconciliation and redress are linked as a strategy of non-judicialization

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