CONCILIATION AS A TRANSFORMATIVE PROCESS THAT GUARANTEES COMPREHENSIVE REPAIR IN THE CRIME OF THEFT

Abstract

The present research work is a critical-legal document that replicates the non-application of conciliation by those who administer justice in the crime of robbery typified in article 189, first paragraph of the Comprehensive Criminal Organic Code, which states: The person who by means of threats or violence removes a movable object of another, whether the violence takes place before the act to facilitate it,  at the time of committing it or after committing it to seek impunity, it will be sanctioned with a custodial sentence of five to seven years, in this context, numeral 3 of article 663 ibidem provides that, the conciliation may be presented even before the conclusion of the fiscal investigation stage, in crimes against property whose amount does not exceed thirty unified basic salaries of the worker in general,  (National Assembly , 2014) this in compliance with constitutional regulations. The methods used were synthetic analytical; inductive-deductive; Historical-logical; and the survey. The application of conciliation, in addition to guaranteeing comprehensive reparation to the victim, would contribute to procedural speed; To this end, judges and prosecutors must protect the freedoms and guarantees of citizens, applying the criminal law as a last resort, guaranteeing the rights emanating from the Constitution.