La justicia restaurativa y un modelo integrador de justicia penal = Restorative justice and criminal justice integrative model

Abstract

This paper deals with the concept of Restorative Justice, from the theory of criminal law as a response to crime and its practical development in connection with the principles guaranteeing the rights, uncritical parties. At present, there is a tendency of traditional justice to the derivation formulas that favour the agreement between victim and offender, in some cases with community involvement. European law has encouraged Mediation and other restorative methods, through Recommendations and Directives must transposition for member states. A description and analysis of the Spanish legislation in relation to restorative justice, both positive law and draft laws, in order to present the current state of affairs in our country, and an assessment is also done not without certain implicit subjectivity towards an integration of this new conception of justice in our criminal justice system.