El problema de la instancia privada y la acción pública en los delitos sexuales (Buenos Aires, 1863 y 1921)

This paper intends to call into question the judicial interpretation of “instancia privada” (who had the right to press charges) as well as the debate about the prosecutors’ right to follow the case once someone had pressed charges on a sex crime. I try to show how beyond its “mixed” character (the...

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Bibliographic Details
Main Author: Riva, Betina Clara
Format: Article
Language:Spanish
Published: 2014
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5164645
Source:Derecho y ciencias sociales, ISSN 1852-2971, Nº. 11, 2014 (Ejemplar dedicado a: Derecho y Ciencias Sociales. Octubre de 2014), pags. 4-23
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Summary: This paper intends to call into question the judicial interpretation of “instancia privada” (who had the right to press charges) as well as the debate about the prosecutors’ right to follow the case once someone had pressed charges on a sex crime. I try to show how beyond its “mixed” character (the obligation to press charges to begin the case and public prosecution later on) established by the codes and doctrine it was still a controversial issue in court. At the same time I intend to debate about the values at play when the judicial system had to deal with these crimes, as well as to question who were considered the actual victims of them. Finally I attempt to explore briefly some links between right and gender/sexuality.