Paradigma restaurativo e institutos paccionados: una relación por aclarar

Abstract

The relationship between the restorative paradigm and settled institutes moves in the strictly instrumental sphere. Beyond what they might seem initially, both concepts are not synonymous. In fact, these are criminal justice models that respond to rather different foundations, although they are interconnected. With the conviction that restorative justice, and particularly mediation - represents an option of interest for the 21st century Spanish Criminal Justice, this paper questions the undue identification -more than frequent, by the way-, between the negotiated justice and the so-called the new Criminal Law paradigm.