La Mediación Penal como Herramienta para una Justicia Restaurativa en Adolescentes Infractores

Abstract

Criminal mediation is a key tool for the development of restorative justice from the perspective of adolescents in conflict with the law. Its effective implementation ensures that the adolescent offender takes responsibility for the act committed, provides comprehensive reparation to the victim, and achieves social reintegration through dialogue aimed at resolving the conflict. The objective of this research is to establish the application of criminal mediation as a tool for restorative justice in adolescent offenders. The theoretical framework is structured through the analysis of bibliographic sources and academically valid scientific documents. A mixed methodological approach was used, applying techniques such as interviews and surveys. The interviews were conducted with judges, public defenders, a prosecutor, and a mediator, while the survey targeted independent practicing lawyers. The results reveal several obstacles hindering the proper implementation of criminal mediation, including institutional and operational shortcomings such as the lack of specialized training for justice system operators and the absence of standardized protocols. Other barriers include inadequate infrastructure in mediation centers, legal gaps in regulatory frameworks, limited public awareness and promotion of criminal mediation, insufficient human, material, and financial resources, and deeply rooted cultural attitudes. Criminal mediation has a significant impact on the offender, the victim, and society as a whole. It also contributes to strengthening a culture of peace and supports the justice system. Finally, strategies are proposed to ensure the effective implementation of criminal mediation for adolescent offenders