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LA ACUSACIÓN POPULAR, ¿EN CRISIS?

Authors :
Cano Fernández, Sonia
Source :
Revista Vasca de Derecho Procesal y Arbitraje. 2022, Vol. 34 Issue 4, p231-252. 22p.
Publication Year :
2022

Abstract

Our legal system recognizes in Article 125 of the Constitution the right of citizens to exercise the popular action. Unlike what happens in the majority of States in the world, the Public Prosecutor's Office in Spain does not have a monopoly on prosecution. The question lies in determining whether it should really be admitted that citizens can promote the action of justice, since this same function is already entrusted to the Public Prosecutor's Office. That is why this paper aims to review the alleged purposes pursued by the popular action in criminal proceedings and which have been pointed out by our jurisprudence and doctrine. In this way it will be possible to determine if they are legitimate and if they really achieve the intended purpose. If not, it may be necessary to adopt the appropriate legislative decisions in this regard. [ABSTRACT FROM AUTHOR]

Details

Language :
Spanish
ISSN :
02147246
Volume :
34
Issue :
4
Database :
Academic Search Index
Journal :
Revista Vasca de Derecho Procesal y Arbitraje
Publication Type :
Academic Journal
Accession number :
164786811