La ampliación del espectro de la justicia restaurativa en los delitos contra el patrimonio

Abstract

This article studies the expansion of restorative justice in the context of property crimes in Ecuador, using fraud as an example. Through a descriptive and qualitative analysis, it reviews the theoretical foundations of restorative justice, the application of the alternative dispute resolution method known as conciliation, and its implementation in Ecuador, in light of the principles governing the criminal justice system. The research reveals that, although the law permits minimal intervention, restorative justice and alternative dispute resolution methods have limited practical application due to strict criteria regarding monetary amounts and penalties. Furthermore, the findings highlight structural, cultural, and procedural obstacles that hinder conciliation in property crimes, even though these crimes often involve damages that can be remedied. Following this line of reasoning, the article explores a path toward expanding conciliation in property crimes, with a view to improving the effectiveness of the criminal justice system and fostering a culture of peace.