THE ACCUSATORY PRINCIPLE UNDERSTOOD AS A POLITICAL SLOGAN

被引:0
|
作者
Montero Aroca, Juan [1 ,2 ]
机构
[1] Univ Valencia, Direito Processual, Valencia, Spain
[2] Tribunal Super Justicia Comunidad Valenciana, Sala Civil & Penal, Valencia, Spain
关键词
Criminal Procedure; Acussatorial principle; Judge; Confrontation;
D O I
10.22197/rbdpp.v1i1.4
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This paper analyzes the definition of the "accusatorial principle", considering the conceptual vagueness background that permeates this discussion. After affirming the absence of ideal types of criminal proceedings, revealing the american intent to monopolize the "accusatorial" notion, it will be described the caracteristics of the judge's position and the confrontation between the parties in the criminal field. Therefore, it will be concluded that the named "accusatorial principle" and all the expressions in which appear the word "accusatorial" must be considered only in a politic meaning, as it lacks accuracy in its legal sense, which content ought to express itself as a procedural guarantee, but actually represent so many meanings as intents to explain itself.
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页码:66 / 87
页数:22
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