Criminal Mediation and Victims' Rights: A Critical Analysis from the Constitutionalization of Criminal Law in Colombia

Abstract

Criminal mediation, as a conflict resolution mechanism, offers an alternative to the traditional criminal process, providing a more humane and effective approach that prioritizes constitutional principles and reparations for harm, placing the victim at the center and demanding accountability from the perpetrator. This article highlights the benefits of criminal mediation in reducing the burden on the judicial system, its focus on victims, and its impact on decreasing recidivism. However, it also identifies several challenges and problems in its implementation, and therefore this study aims to analyze whether the criminal mediation mechanism guarantees the rights of victims enshrined in the 1991 Political Constitution of Colombia.