Legitimación de la justicia restaurativa en España con la futura LECR ¿será necesario modificar la LORPM?

Abstract

Since the year 2000, in Spain, legal coverage has been given to the use of mediation in matters of juvenile justice, although the law only protects the possibility of intervention in the investigation phase and not later. The 2015 Crime Victim Statute introduces the concept of restorative justice into Spanish law, which is now incorporated definitively into the current preliminary draft of the Criminal Procedure Law (LECr) published in 2021. The purpose pursued by restorative justice it can be achieved by resorting to any of its tools, mediation being the simplest and most well-known by citizens. However, if the LECr goes ahead, the use of other tools such as circles or sentences will be legitimized, in such a way that, if it is going to be possible to use them in the field of adults, all the more reason, given the educational and repairer that produces, must be recognized and admitted also in juvenile justice. For this reason, once the new criminal procedure law is approved, it will be necessary to modify the regulation of minors to accommodate it.