Proyecto de justicia restaurativa para el ciberacoso

Resum

The negative influence of innovation in the field of information and communication technologies has shaped a new reality. The globalization of the world and the mass use of the Internet creates new criminal figures endowed with peculiar characteristics that make current legislation both nationally and internationally obsolete. Judicial systems have had to adapt to the new times, adjusting the rules and creating others to include new contexts of social interaction. This is demonstrated by the reform of the Criminal Procedure Law, which has meant progress in responding to attacks of crimes committed through technological means, such as cyberbullying. The objective of this work is to analyze the characteristics that harassment has adopted in this virtual modality in order to understand, from a legal perspective, the regulatory mechanisms that have been developed to deal with it. In this area, the use of restorative justice and its instruments as a strategy to contribute to the reintegration into society of the perpetrator of cyberbullying and obtain a better quality of life for the victim has been prospering in other countries. In Spain, the most used restorative practice is penal mediation. In addition, it is widely used to judge minors who have committed crimes based on the special protection they deserve. After analyzing the legal situation of restorative justice and the benefit of the use of mediation, it is considered that its application in cyberbullying crimes can be effective. This practice may not put an end to this type of bullying, but in certain cases, it can hold great promise as it allows knowing and understanding the problems that stimulated the cyberbullying and coming up with appropriate solutions so that these behaviors do not happen again. In this doctoral thesis, a normative proposal is presented that seeks to establish legally required minimums in terms of mediation, in the face of the crime of cyberbullying, in order to solve, under the premise of win-win, the cases that may arise, and also, serve to prevention. These obligations will be used in the public administration, centers, private organizations, and other critical entities in which conflicts may develop, especially related to cyberbullying.