01Jul 2019

RESTORATIVE JUSTICE: THE RESTORABLE LEGAL FACT.

  • Department of Criminal Law and Department of Restorative Justice, School of Law,University Center of Baja California, Tijuana, Mexico.
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Restorative Justice is one of the methodologies that present itself as a more humanitarian justice closer to the victims of a crime.Firstly, Restorative Justice is a key piece in the relief of Courts and Tribunals for the legislator and some legal operators; secondly, the investment in this practice means a reduction of judicial budget.Crime usually causes material damage as well as psychological damage, which is less visible. The psychological damage may not be quantified, economically as moral damage and it usually does not receive attention within the traditional criminal justice system. On the one hand, the abolitionists consider that Restorative Justice should replace Criminal Law. On the other hand, it constitutes a Third Way that would be halfway between security measures and punishment. Finally, there is a third position that advocates for the achievement of a new way of conceiving the justice concept, which is closer to the philosophical principles of Peace: This is a new conception through social transformation.The aim of this article is to review some concepts that must be clear when we think about ways to help the Civil Law system to introduce the restorative practices at the Criminal Law system successfully.


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[Oscar Daniel Franco Conforti. (2019); RESTORATIVE JUSTICE: THE RESTORABLE LEGAL FACT. Int. J. of Adv. Res. 7 (7). 28-32] (ISSN 2320-5407). www.journalijar.com


Oscar Daniel Franco Conforti
Department of Criminal Law and Department of Restorative Justice, School of Law, University Center of Baja California, Tijuana, Mexico. Lecturer in Negotiation at the Department of Law and Political Science, Open University of Catalonia, Spain.

DOI:


Article DOI: 10.21474/IJAR01/9321       DOI URL: http://dx.doi.org/10.21474/IJAR01/9321


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