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Posted on by Jesus Barrcas

Reparación Integral del daño Costa Rica

La reparación integral del daño como forma de solución alternativa de los conflictos penales que desplaza los métodos tradicionales de administración de orden, propicia interpretaciones erróneas que más se basan en presunciones ilegales y hasta inconstitucionales, que en sanas referencias hermenéuticas, en cuenta aquella que supone de quien repara una aceptación tácita de su culpabilidad equivalente a una confesión. La constitucionalidad también sale comprometida a la marcha de dicha tesitura, alejado sin lamento del verdadero sentido de la justicia restaurativa. Los prerrequisitos que supone y sobre todo las consecuencias procesales que se derivan de la reparación integral del daño, se desarrollan en el marco de la garantía procesal de inocencia signada desde el derecho de la Constitución y los instrumentos internacionales de derechos humanos, todo así dispuesto en defensa confesa del derecho penal liberal y en contraposición a las corrientes autoritarias que otorgan le otorgan funciones que, según se verá, no le corresponden y más bien pueden resultar contradictorias al sentido de todo orden jurídico. La tesis central defiende que reparar integralmente el daño a la presunta víctima no implica, per se, reconocerle tal condición ni mucho menos la veracidad de su denuncia, sino, únicamente, la disposición de ambas partes de evitar, negociadamente, lo que resta del proceso.

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