Conciliation as a Restorative Mechanism for Private Offenses: It’s Impact on Ecuadorian Penal Objectives

Abstract

The Ecuadorian criminal justice system faces the challenge of balancing criminal sanctions with reparation and social reintegration. In this cont ext, conciliation has emerged as an alternative mechanism to resolve conflicts in private prosecution offenses, aligning with the principles of restorative justice. The research employed a descriptive-documentary qualitative approach to analyze the impact of conciliation on the criminal justice system. Legal norms, jurisprudence, and academic literature were reviewed, complemented by interviews with judicial operators and conciliation experts. Logical-deductive and socio-legal methods were also applied to connect legal concepts with their practical implementation. The results demonstrated that conciliation is effective in resolving conflicts in private prosecution offenses, particularly due to its ability to prioritize victim reparation, restore social relationships, and reduce judicial backlog. Ecuador's legal framework, led by the Organic Comprehensive Criminal Code (COIP), establishes the foundation for its application, though it faces practical challenges related to limited dissemination and cultural acceptance. Conciliation is a fundamental tool to strengthen restorative justice in Ecuador. Its focus on reparation, dialogue, and the prevention of future conflicts contributes to a more humane and efficient criminal justice system. Additionally, it promotes the principle of minimal criminal intervention by reserving judicialization for more serious cases and allows for quick, voluntary, and proportional solutions to the harm caused.