No siempre el procedimiento monitorio es garantía de eficiencia en el proceso penal: el caso de Portugal y España: the case Portugal and Spain
In this paper, the criminal admonition procedures of Portugal and Spain are examined and the reason why of their scarce practical application is analyzed. For each of those procedures, after a description and a brief critical assessment of them, based on the doctrine of both countries, an attempt is...
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Format: | Article |
Language: | Spanish |
Published: |
2022
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8739191 |
Source: | Revista Brasileira de Direito Processual Penal, ISSN 2525-510X, Vol. 8, Nº. 3, 2022 |
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Summary: |
In this paper, the criminal admonition procedures of Portugal and Spain are examined and the reason why of their scarce practical application is analyzed. For each of those procedures, after a description and a brief critical assessment of them, based on the doctrine of both countries, an attempt is made to establish some reasons that may explain why they are not widely used. The work ends with some brief final considerations, in which those reasons are synthesized and it is affirmed that the situation of said procedures demonstrates that the "importation" of successful institutions of foreign criminal procedural systems does not ensure that their application in the own system is also successful. |
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