La figura del restablecimiento del derecho en el sistema penal acusatorio
The Restoration of rights is a legal figure identified in criminal procedure law, consisting of protecting, at any time, the rights of victims in the criminal process. This institution comes to take importance, specifically, when there is certainty of the existence of an unlawful act that resulted i...
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| Format: | Article |
| Language: | Spanish |
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2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7501996 |
| Source: | Revista Juridica Mario Alario D'Filippo, ISSN 2256-2796, Vol. 12, Nº. 23, 2020, pags. 56-80 |
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| Summary: |
The Restoration of rights is a legal figure identified in criminal procedure law, consisting of protecting, at any time, the rights of victims in the criminal process. This institution comes to take importance, specifically, when there is certainty of the existence of an unlawful act that resulted in unlawful damage, regardless of the search for the active subject of the behavior that generated the damage.
As a consequence of that procedural relevance, this reflection paper offers the opportunity, not only, to understand the nature and purposes of this legal institution, but to clarify aspects such as, the origin, competence and the type of decision that must occur in relation to the procedural moment in which the actors are and some details that every litigant, prosecutor and even judge, must take into account when facing rights restoration procedures. |
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