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La víctima como parte activa dentro del procedimiento penal: derecho fundamental de acceso a la jurisdicción.
- Source :
-
Opinión Jurídica . Jan-Jun2023, Vol. 22 Issue 47, p1-21. 21p. - Publication Year :
- 2023
-
Abstract
- The fundamental rights of the crime victim have been strengthened through the establishment of the accusatorial criminal procedure in the Political Constitution of the United Mexican States. The problem is that important rules of the National Code of Criminal Procedures are still restrictive in terms of their constitutional rights. The current paper aims at analyzing the right of the crime victim to become an active part of the criminal procedure and as a result, this right could turn into a guarantee to provide effective access to every single stage of the criminal procedure for the adequate and timely defense of their interests according to due process of law. It is concluded that this right is the nucleus of a jurisprudence doctrine issued by the Federal Tribunals to progressively broaden the scope of the adjectival rights of the victim in conditions of procedural equity with the defendant's rights. This is a documentary research developed within the framework of the theory of guarantee procedural law through the analytical and hermeneutic methods. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Spanish
- ISSN :
- 16922530
- Volume :
- 22
- Issue :
- 47
- Database :
- Academic Search Index
- Journal :
- Opinión Jurídica
- Publication Type :
- Academic Journal
- Accession number :
- 171941538
- Full Text :
- https://doi.org/10.22395/ojum.v22n47a15