Análisis crítico de la regulación y aplicación de la mediación penal en el ordenamiento jurídico español y propuesta de mejora lege ferenda

Resumo

This thesis analyzes the figure of criminal mediation, “intraprocess”, instrumental and accessory mechanism with respect to the criminal process in which the said mechanism is incorporated. Thus, its principles, values and fit into our legal system are examined with the aim of proposing an effective and full implementation of criminal mediation in our country. On the other hand, the development that it has had in different countries such as the USA, Canada, Germany, Portugal, Colombia and Argentina is also studied. Victimization, its classification and a new category in said classification are aspects that are also treated. Likewise, it offers a reflection on the prohibition of access to mediation of crimes related to gender violence, a controversial issue where there is any and that continues to provoke debate, in our case of renewed topicality, because, as we say, violence against women. gender is prohibited with respect to criminal mediation. Among other aspects that concern the forum, and that are widely discussed in this work, it is worth highlighting the reparation of the damage, the eventual impairment of the right to the presumption of innocence in relation to the criminal process of which the mediation brings cause. The last chapter of the thesis is intended to make a “lege ferenda” proposal, "The Criminal Mediation Law", a true legal statute that regulates the mechanism and the essential figure of the criminal mediator.