Private Prosecution and affectation of fundamental rights.
This article aims at analyzing the procedural figure named private prosecution from a reflective and critical approach. The methodology used is part of the type of qualitative research as it focuses on the concept of the mentioned figure and its consequences. The tension between the right of victims...
Saved in:
Main Author: | |
---|---|
Format: | Article |
Language: | English |
Published: |
Fundación Universitaria Los Libertadores
2013
|
Subjects: | |
Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4707871 |
Source: | Revista Via Iuris, ISSN 1909-5759, Nº. 14, 2013, pags. 187-197 |
Tags: |
Add Tag
No Tags: Be the first to tag this record
|
Summary: |
This article aims at analyzing the procedural figure
named private prosecution from a reflective and critical
approach. The methodology used is part of the
type of qualitative research as it focuses on the concept
of the mentioned figure and its consequences.
The tension between the right of victims to access
promptly and effectively to the ordinary criminal
jurisdiction, and the fundamental guarantees recognized
to those who acquire the quality of indicted,
imputed or accused, is specifically studied in this
paper. Such reflective analysis leads to the conclusion
that the regulation finally adopted by Congress
should include a material check of the legal complaint
made by the private prosecutor coupled with
prior control of all activities that may affect guarantees
of the accused. |
---|