Aceptación de la conciliación penal en Colombia

Abstract

Mediation is a dispute resolution system as old for humanity, from its origins as man has had disagreements with peers, but as a social and rational has transcended the conflict and solution sought voluntary and direct, through the intervention of a neutral third party, to which we may call conciliators. In Colombia the penal settlement has been treated by a special regulation different from that established for other areas of law, given the peculiarity inherent nature of the action, which not only involves private interest rate, as in other areas of law, but also public, ie, that represents a special importance to the community at large, given the kind of conflict that causes and consequences against fundamental rights of persons, although the settlement was already in place before the act 03 legislative 2002 has been reformed to introduce restorative justice, involving them as paramount definitely alternative within the new concept of justice. The objective of reconciliation, is determined by the conflict is resolved, will reconcile all offenses understood as querellables initiated by the affected party plaintiff against a defendant who in the case of pre-trial settlement, must attend the respective hearing either before the prosecutor must cite them for that purpose, or at recognized centers before the conciliator or conciliation qualified as such.