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- Title
¿PODRÍA INSTAURARSE UNA JURISDICCIÓN VOLUNTARIA PENAL?
- Authors
LÓPEZ, SONIA CALAZA
- Abstract
In this work, which constitutes the continuation of previous others on other aspects of the same subject matter, we question ourselves if it would be possible, to restore in our in force procedural classification, a Voluntary Penal Jurisdiction, mercy to which, in tuning in with the future civil procedures of not jurisdictional nature that will integrate the imminent Law of Voluntary Jurisdiction, the solution of the conflict could be granted, to a juridical operator, different from the organ of prosecution, by means of a «privatization» of our penal Justice, in the cases of lacks and crimes of low intensity or scanty social reproach. Likewise, us to wonder, in the procedures that will be of jurisdictional nature, if it would be necessary, by virtue of supposed «beginning of opportunity» to grant to the organs of accusation the discretionary faculty of incoar or not, as well as, in his case, of supporting or suspending the penal process, in that one type of lacks and crimes trifle, in conformity with discretionary criteria. Before the inability to attack, in a work of these spatial characteristics, an exhaustive enumeration of the totality of actions that would integrate, I marry of be admitting, this supposed «Voluntary Penal Jurisdiction », we will centre the object of this brief test on the general study of the «beginning of opportunity» and his possible projection on the actions of the organs of accusation and prosecution on the frame of the penal process, leaving earring, for later publications, the reflection on his possible scope in the not jurisdictional area.
- Subjects
NON-contentious jurisdiction; CIVIL procedure; LEGAL procedure; DISCRETIONARY function exception (Tort claims acts); PRIVATIZATION
- Publication
Revista de Derecho UNED, 2012, Issue 10, p69
- ISSN
1886-9912
- Publication type
Article