1. EL (DIFÍCIL) PAPEL DEL TRIBUNAL SUPREMO EN LA DOCTRINA IMPUGNATORIA DE LOS AUTOS DE SOBRESEIMIENTO LIBRE: SÍNTESIS DE ALGUNOS SUPUESTOS PARADIGMÁTICOS.
- Author
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González Granda, Piedad
- Abstract
The system for challenging the Final Orders in the Criminal Jurisdiction has recently been modified on the occasion of the profound procedural reform that Law 41/2015 of October 5th has implied and was very welcomed. However, the generalization of the Second Instance and the only partial adaptation of the corresponding provisions in the subject matter have created new interpretive problems and doubts with regard to the scope of the appeal of Cassation, which should be completely resolved. Based on the provisions affected, this study analyzes some systematic difficulties that have occurred and it does so knotting that the system is now beginning its course -as a consequence of the transitory Regime provided for in the Law-, in such a way that it contributes its opinion regarding certain points that may be controversial. Nevertheless the profound reform can not be understood in many of its extremes if the doctrine of the Supreme Court is uot followed and also -as to be expected- to the multiplicity of non-jurisdictional Plenary Agreements that have proliferated in this subject matter for years. For this reason it is essential to analyze the interpretative doubts within a systematic interpretation, which also addresses the role of the Supreme Court, all this awaits the legislator seeking a new Law regulating the Criminal Process that simplifies the system of impugnation judicial resolutions in general and of the Dismissal Orders analysis in particular. [ABSTRACT FROM AUTHOR]
- Published
- 2018