Comentarios sobre la procedencia de comunicar la decisión de no perseverar por parte del ministerio público, sin que la investigación esté cerrada y formalizada de acuerdo a lo establecido en el artículo 229 del código procesal penal
This paper was created with the purpose to show ways to overcome the contradiction presented by the Chilean criminal process by recognizing the victim the right to prosecute, but limiting their exercise by not allowing the plaintiff to force the prosecution with no prior formalization. With this, it...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Bernardo O'Higgins
2009
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3257718 |
| Source: | Ars Boni et Aequi, ISSN 0719-2568, Nº. 5, 2009, pags. 59-82 |
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| Summary: |
This paper was created with the purpose to show ways to overcome
the contradiction presented by the Chilean criminal process
by recognizing the victim the right to prosecute, but limiting
their exercise by not allowing the plaintiff to force the
prosecution with no prior formalization. With this, it is declaring
that who has the procedural key to force the victim to the
indictment and subrogated to the rights of the Public Ministry is
not the judge but the prosecutor, this affects, in our believe, the
right to a constitutionally guaranteed effective judicial protection.
This raises the inappropriateness of the procedural practices of the
Public Ministry to communicate the decision not to pursue the investigation
without any prior formalization of it. In turn, the resoluteness
that has communicated the decision not to pursue a non
formalizade investigation is a resolution that makes impossible the
continuantion of proceedings, to cause injury to the plaintiff, is
likely to appeal. |
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