The prosecution service function within the spanish criminal justice system

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Serval ID
serval:BIB_576CB2A19702
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
The prosecution service function within the spanish criminal justice system
Journal
European Journal on Criminal Policy and Research
Author(s)
Aebi Marcelo, Balcells Marc
Publication state
Published
Issued date
2008
Peer-reviewed
Oui
Volume
14
Number
2-3
Pages
311-331
Language
english
Abstract
The Spanish judicial system is independent and headed by the Supreme Court. Spain has a civil law system. The criminal procedure is governed by the legality principle--by opposition to the opportunity or expediency principle--which implies that prosecution must take place in all cases in which sufficient evidence exists of guilt. Traditionally, the role of the PPS in Spain has been very limited during the investigative stage of the process. That stage is under the responsibility of the Examining Magistrate (EM). Since the end of the 1980s, a series of modifications has been introduced in order to extend the functions of the PPS. In 1988, the PPS received extended competences which allow them to receive reports of offenses. Upon knowing of an offense (reported or known to have been committed), the PPS can initiate the criminal proceeding. The PPS is also allowed to lead a sort of plea bargain under a series of restrictive conditions and only for some offenses. At the same time, the PPS received extended competences in the juvenile justice criminal proceeding in 2000. With all this said, the role of the PPS has not changed radically and, during the investigative stage of the process, their main role remains the presentation of the accusation, playing a more active role during the trial stage of the proceeding. In this article the national criminal justice system of Spain is described. Special attention is paid to the function of the PPS within this framework and its relationship to police and courts. The article refers to legal provisions and the factual handling of criminal cases.
Keywords
Comparative analysis, Criminal investigation, Criminal justice sys effectiveness, Criminology, Europe, Foreign criminal justice systems, Police role in crim investigations, Prosecution, Prosecutorial discretion, Prosecutorial diversion, Spain
Web of science
Open Access
Yes
Create date
10/04/2009 21:11
Last modification date
01/10/2019 7:18
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