La autodefensa manifestada en el derecho a la última palabra en el proceso penal
The doctrinal evolution of the right to the last word of the accused in criminal proceedings is one of approaches in which the accusatory principle has been consolidated. It has gone from being simply a formality, to representing a manifestation of the defense by the accused, different from the t...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8877725 |
| Source: | Revista Auctoritas Prudentium, ISSN 2305-9729, Nº. 27, 2022 |
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| Summary: |
The doctrinal evolution of the right to the last word of the accused in criminal proceedings
is one of approaches in which the accusatory principle has been consolidated. It has gone
from being simply a formality, to representing a manifestation of the defense by the
accused, different from the technical defense of his lawyer. Therefore, it is necessary to
identify the content, its relevance as evidence, as well as the procedural consequences
of its non-compliance, in addition to other types of limitations to its exercise. The study
reviews the most recent Spanish jurisprudence, from a constitutional perspective, in which
it is no longer necessary to prove the damage in order to be able to affirm that the right to
the last word has been violated. This reinforces the guarantee of this right. |
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