La larga sombra de las categorías acusatorio-inquisitivo
This chapter maintains that the adversarial and inquisitorial categories have been more central to comparative criminal procedure than it has been previously acknowledged because they have contributed to constitute it as a transnational field by reflecting and restricting its main theoretical trends...
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| Format: | Article |
| Language: | Spanish |
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Universidad de Los Andes
2014
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4760234 |
| Source: | Derecho Público, ISSN 1909-7778, Nº. 32, 201434 pags. |
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| Summary: |
This chapter maintains that the adversarial and inquisitorial categories have been more central to comparative criminal
procedure than it has been previously acknowledged because they have contributed to constitute it as a transnational
field by reflecting and restricting its main theoretical trends and thematic interests. The article identifyies the main theoretical
traditions of this field by mapping commentators� and courts� uses of the adversarial and inquisitorial distinction,
and shows that even the main comparative criminal procedure alternative approaches are operating within these same
theoretical traditions. The article suggests that the adversarial-inquisitorial dichotomy has also contributed to limit the
type of themes that the field has covered. Finally, the article sketches a number of ways in which comparative criminal
procedure may transcend the long theoretical and thematic shadow of the adversarial and inquisitorial categories and
thus expand the type of positive and normative insights it can bring to our understanding of the criminal process. |
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