The role of victim forgiveness within restorative justice and its impact on Panamanian criminal policy

Abstract

For many years, the legal system focused mainly on punishment when a crime was committed. Under this idea, crime was viewed as an offense against the State, and punishment became the primary way to restore the legal order. However, in recent years, restorative justice has emerged as an alternative approach that offers a different way of understanding legal conflicts. This perspective seeks not only to punish but also to repair the harm caused and to promote the active participation of victims. From this point of view, crime is understood as a rupture between individuals and communities. In this context, the victim’s forgiveness becomes an important element within restorative processes. It can contribute to the symbolic repair of harm, facilitate dialogue between the parties, and encourage social reconciliation. Nevertheless, forgiveness should not be imposed on the victim. Instead, it should be understood as a voluntary possibility that may arise within a genuine restorative process. An examination of the Panamanian legal framework shows that the criminal justice system has incorporated certain restorative mechanisms, such as mediation and agreements between the parties involved. However, normative and institutional barriers still exist, which make it difficult to fully implement restorative approaches within criminal policy. Therefore, strengthening restorative mechanisms could enhance the legitimacy of the legal system and promote more humane responses to crime. Justice should not be limited only to punishment; it should also seek to repair harm and contribute to the reconstruction of social cohesion.