Source: (2011) Oñati Socio-Legal Series. 1(2):1-17.

The present paper addresses the crisis of penal procedure in the contemporarysociety from its epistemological basis to, then, present restorative justice as aconcrete alternative to the traditional criminal procedure. The intention is todescribe how criminal procedure got established since its modern scientific rootsand, then, to show the impossibility of a satisfactory management of social conflictsaccording to its standardized rules. After it, is argued that restorative justice is ableto better deal with social conflicts than criminal procedure, once that system doesnot have standardized rules and allows the stakeholders to decide the situationaccording to their own deliberation, instead of being obliged to follow a decisionfrom another person, usually a judge. (author's abstract)


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