Las medidas cautelares y la prisión preventiva en el nuevo sistema acusatorio adversarial
The criminal process and its application, has been analyzed from a forensic academic perspective; and most of the time, the deliverance of the law is not parallel to its practice. It is not in any way a subjective criticism to the procurement and delivery of justice. As it is a matter of investigati...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6622324 |
| Source: | Dikê: Revista de Investigación en Derecho, Criminología y Consultoría Jurídica, ISSN 1870-6924, Nº. 20, 2016, pags. 129-150 |
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| Summary: |
The criminal process and its application, has been
analyzed from a forensic academic perspective;
and most of the time, the deliverance of the law
is not parallel to its practice. It is not in any way
a subjective criticism to the procurement and delivery
of justice. As it is a matter of investigation
based in theory and the daily practice of an applicant
lawyer who seeks to enforce legal provisions
stablished by the legislator and to implement them
in effective terms. The change of the criminal procedure
from the constitutional reform that took effect
on June 18, 2008, its implementation becomes
a challenge in procedural matters. The content of
the reform cannot be taken as mere symbolism; it
must be practical and applicable to specific cases
that arise daily. The precautionary measures mentioned
in this article, from an academic and practical
approach, highlighting, preventive detention,
as an emblematic precautionary measure that are
far from what the constituent power intended to
reform. |
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