Criminal dogmatics and criminal procedure, some relevant dysfunctionalities of the present day.
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Keywords

Intimate relationship with criminal law
Criminal Dogmatics and Social Reality Criminal Policy and Criminal Procedure
Substantive proposals to face the current times
A new understanding of some basic principles and a decrease in procedural guarantees
The change of understanding of some of the most decisive institutions of the new system
Redefinition of the role of the subjects of the process
New orientations in criminal prosecution, in particular the great difficulties of assuming non-prosecution as the end of the process
Doubtful relaxation in the gathering of evidence

How to Cite

Criminal dogmatics and criminal procedure, some relevant dysfunctionalities of the present day. (2010). Cuadernos De Derecho Penal, 3, 9-36. https://doi.org/10.22518/20271743.370

Abstract

Contents: I. Challenges before the real perspective of an early new Spanish Criminal Procedure Law based on the adversarial system: A. Intimate relationship with criminal law; B. Criminal dogmatics and social reality; C. Criminal policy and criminal procedure; D. Substantive proposals to face current times; E. New understanding of some basic principles and decrease of procedural guaranties. Criminal Dogmatic and social reality; C. Criminal policy and criminal procedure; D. Substantive proposals to face the current times; E. New understanding of some basic principles and decrease of procedural guaranties; II. The change of understanding of some of the most determining institutions of the new system: A. Redefinition of the role of the procedural subjects; B. New orientations in the criminal prosecution; C. New orientations in the criminal prosecution; D. New orientations in the criminal procedure; E. New orientations in the criminal prosecution; E. New understanding of some basic principles and decrease of procedural guaranties. New orientations in the criminal prosecution, in particular the great difficulties of assuming the non-prosecution as the end of the process; C. The dubious relaxation in the gathering of evidence; III. Some antidotes that should be provided to the system; IV. General bibliographical note.

PDF (Spanish)