Otra forma de abordar los conflictos penalesla inaplazable regulación del modelo de justicia restaurativa en España

Zusammenfassung

The restorative justice model, as a self-compositive approach to address criminal conflicts, has been adopted in Spain unequally. The clear advantages of this model, for the victim but also for the offender and the community, have not overcome the resistance that still persists towards an innovative justice system. The collaboration protocols between judicial authorities and the restorative justice services and/or victim assistance offices that have been signed in some autonomous communities, while allowing to carryout restorative processes with more or less effectiveness, are not enough for a complete deployment of the model. The adoption in 2015 of the Law on the Statute of the Victim of Crime, which includes the right to restorative justice services, has unfortunately not been accompanied by the necessary regulation for the implementation of these services. In contrast, the recent Navarre Law4/2023, of March 9, on Restorative Justice, Mediation and Community Restorative Practices constitutes an important new initiative at the Spanish regulatory level, although it is only applicable in Navarre and is limited to the material and personal resources for the Justice Administration, but does not include proceduralor criminal matters, which are of exclusive state competence. Thus, the development and promotion of Restorative Justice in Spain continues to be achallenge for the criminal justice system waiting for a full legal and regulatory development both in general and, in particular, in the judicial context.