La conciliación en el proceso penal contemplado en el COIP : análisis de reincidencias y su influencia en los futuros procesos de conciliación.

Abstract

Conciliation is constituted as an alternative in the resolution of conflicts that in criminal matters is carried out as a form of restorative justice for the victim and replacement of the penalty for the offender. For its part, recidivism is seen as the committing of a new crime of the same type as a previous crime and that in the national COIP is limited to crimes whose processes were culminated in a final judgment. This study raises the relational dilemma on conciliation and its limitations in the conception of recidivism contemplated in the COIP. Through a descriptive methodology, statistics related to conciliation processes were presented in the period 2018-2019 in the province of Manabí, it was found that the crime with the highest number of cases is the crime of robbery without violence, whose penalty is less than five years and it is one of those with the highest recidivism rate according to various studies. It is concluded then that a reform should be established to the articles that typify recidivism to include conciliation processes as part of this concept and to those that define the rules for conciliation processes to limit the number of conciliation processes associated with the same crime in order to control the repetition of crimes of the same offender.