Restorative justice in crimes against life: comparative analysis in guatemalan Criminal Law

Abstract

OBJECTIVE: to describe restorative justice in crimes against life in Guatemala, comparing it with other legislations. METHOD: a qualitative methodology based on exhaustive documentary analysis of legal documents, jurisprudence, and academic literature was used. The sample included relevant texts from Guatemala and other Latin American countries, such as Argentina and Mexico. RESULTS: restorative justice in Guatemala offers a viable alternative for conflict resolution in crimes against life, focusing on damage repair and offender reintegration. Despite being recognized in the Penal Code and the Criminal Procedure Code, it faces practical implementation challenges, such as lack of resources and adequate training. In comparison, countries like Mexico and Costa Rica have effectively integrated community participation into their programs, enhancing the perception of justice and reducing recidivism. Traditional indigenous practices in Guatemala also show potential for adaptation to the modern penal system. CONCLUSION: the research underscores the need to strengthen the regulatory framework and promote continuous training of justice operators to ensure effective implementation of restorative justice in crimes against life in Guatemala. Integrating traditional practices and community participation is essential to enhance its benefits, reduce recidivism, and improve damage repair.