From Restorative Justice to Inclusive Criminal Justice: Reparation and Agreement as Foundations

Abstract

This paper is a proposal for a humanist and personalist criminal law of reparation, based on restorative justice. It aims to analyze the restorative justice advantages and disadvantages. It also analyses the reasons for the cri sis in traditional justice. However, it does not advocate the overcoming of traditional justice with restorative justice. Rather, it projects a new model of criminal justice based on the main restorative benefits, without de- characterizing criminal law and criminal procedure law. While respecting the principles of criminal justice, we are seeking a more inclusive criminal law in which reparation, resocialization, reconciliation, and the empowerment of victims are par amount.

Keywords: Inclusive criminal law, reconciliation, reparation, resocialization, restorative justice, victims