Mediación en el COIP y la aplicación del principio de oportunidad y mínima intervención.

Abstract

Criminal mediation is an alternative mechanism, in which the parties through a neutral third party try to allow the exchange of opinions between the victim and the person processed so that through the dialogue they end the conflict, achieving the restoration of relations between the parties and fundamentally compensating the damage caused. It is argued that the mediation in the principles of opportunity and minimum intervention in criminal law apply in behaviors that do not constitute serious affectation to the public interest, for what is proposed is the incorporation of provisions in the Integral Organic Penal Code tending to be justly the participants in a criminal process, through this mechanism achieve the establishment of the culture of peace.               In addition, it is intended to demonstrate with the reforms introduced in the Ecuadorian criminal legislation, the application of the principles of opportunity and minimum intervention in crimes that are susceptible to criminal mediation, because of their insignificant economic value, or because of their scarce or no involvement to criminal legal rights, are unnecessary expenses for the administration of justice.One way to carry out this new philosophy of Justice in our country is through Mediation, and in general it can be said that it is a procedure in which, the parties, helped by a third party (mediator) who does not have decision-making powers, they try to resolve a conflict, for this reason it is necessary that this procedure be incorporated into the COIP that will allow greater applicability to the principles of opportunity and minimum intervention.               The work to be developed in this investigation is eminently legal and the methodology used is the documentary through legal texts in view of the fact that the norms, doctrine and legal principles are used as sources.