La conciliación en los delitos de tránsito y el principio de mínima intervención penal.

Abstract

Background. -Conciliation as an alternative mechanism for conflict resolution arises from the power that the Comprehensive Organic Criminal Code confers on the judge of the case, so that in attention to the principle of minimal criminal intervention and in crimes that by their nature are transferable, the subjects procedural under the principles of voluntary nature of the parties, confidentiality, flexibility, neutrality, impartiality, fairness, legality and honesty can reach a conciliatory agreement; However, such a request for conciliation can only be submitted until before the completion of the tax investigation stage, which is why there is evidence of a restriction to the principle of minimum criminal intervention, since it is limited to the fact that the parties after the tax investigation cannot request a settlement. Goals. -The general objective was to analyze conciliation in traffic crimes and the principle of minimum criminal intervention; And for this, three specific objectives were outlined: to analyze the doctrinal foundations of the principle of minimum criminal intervention, to review conciliation as a method of conflict resolution in negligent traffic crimes; and, to propose as a legal reform that in traffic crimes whose result is only material damage, the conciliation can be carried out until before the trial hearing. Methodology. - The application of various methods and techniques for the development of this research work is described, as well as the qualitative research design, with an exploratory, descriptive and explanatory scope, of a non-cross-sectional experimental type. Results. -From the study of conciliation in traffic offenses that do not result in death or serious or permanent injuries, it was determined that in attention to the principle of minimal criminal intervention and the principles that govern alternative dispute resolution mechanisms, the possibility for the parties to reach a conciliatory agreement until before the trial hearing, since this guarantees an effective and immediate solution to the conflict, thereby clearing up the causes in the administration of justice, achieving reparation for the victim and the conflict is ended. Finally, the result of the entire investigation process evidenced the viability of formulating as a legal proposal a penal reform to Art.663 numeral 2 of the Comprehensive Organic Criminal Code.