Esperando al juez de garantías (a propósito del nuevo Anteproyecto de Ley de Enjuiciamiento Criminal)

Spanish democracy seems incapable of reforming its criminal justice system. There have been several attempts to modify the criminal procedure and all of them have failed, among other reasons, due to strong resistance to attribute, as in other democratic countries, the direction of the investigation...

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Bibliographic Details
Main Author: Caamaño Domínguez, Francisco M.
Format: Article
Language:Spanish
Published: 2022
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8416118
Source:Revista española de derecho constitucional, ISSN 0211-5743, Año nº 42, Nº 124, 2022, pags. 13-39
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Summary: Spanish democracy seems incapable of reforming its criminal justice system. There have been several attempts to modify the criminal procedure and all of them have failed, among other reasons, due to strong resistance to attribute, as in other democratic countries, the direction of the investigation of crimes to the Public Prosecutor’s Office. This work analyzes, on the occasion of the announcement by the Government of Spain of a new draft law on criminal procedure, the causes of this atavistic resistance, as well as the damaging consequences produced by the direction of the criminal investigation attributed to the judge on fundamental rights.