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Efecto acelerador, efecto resocializador, efecto renuncia: las caras de la conformidad.

Authors :
Ordóñez Ponz, Francesc
Source :
Justicia. 2021, Issue 1, p315-385. 71p.
Publication Year :
2021

Abstract

In the attempts of a total reform of the Criminal Procedural Law, the treatment of the conformity has always been one of the matters with greater importance. Furthermore, perhaps in recent years, works related to this traditional figure of negotiated justice have been absent, in open contrast to what happens in the United States, for example, where there is abundant scientific literature on plea bargaining. Thus, this study was created to offer a rigorous analysis of Spanish conformity as a dispositive act, as a consequence of the principle of opportunity, and differentiating its different modalities according to the existing criminal proceedings in our legal system. It is commonplace, but no less true, that conformity is a mechanism for accelerating the process. However it so happens that the defendant's rights will be affected in order to achieve the much-desired procedural expediency. This work is not only restricted to the Spanish legal system, but rather it extends to other procedural systems such as the American system, which is the mirror through which other figures of negotiated justice are viewed, the German system, which plays at ambiguity and has not regulated the practice of negotiation or agreement in criminal proceedings until relatively recently, or the Italian with patteggiamento, which, unlike conformity, is a special autonomous process but with the same accelerating effect and possible resocializing effect and which I did not want to restrict to the accelerating effect of conformity either. In the following pages, I intend to make a proposal of lege ferenda and that conformity should have a new effect related to the purposes of criminal law: to punish and rehabilitate, in addition to lightening and not having to renounce fundamental rights and procedural guarantees. This study, as well as conformity, presents several aspects that will not leave the reader indifferent. [ABSTRACT FROM AUTHOR]

Details

Language :
Spanish
ISSN :
02117754
Issue :
1
Database :
Academic Search Index
Journal :
Justicia
Publication Type :
Periodical
Accession number :
152598944