The power to accuse the prosecution in criminal proceedings spanish: Nature, potential exercise of its discretion, the scope of its various controls and proposals for improvement of the system.

摘要

The objectives of this thesis can be summarized into three namely: 1) Delineate what specific cases, the performance of the prosecution in the Spanish penal process occurs in practice, at its discretion, taking into account that such action should be strictly subject to the principles of legality and impartiality and should be monitored by domestic - based on organic principles governing its own structure and operation - external - through certain links with the Executive Branch and jurisdictional controls - through appropriate procedural mechanisms. 2nd) Mark the effectiveness of the above controls on the performance of the prosecution. 3rd) Develop proposals to improve the current system operating prosecution considering the possibility of such discretionary decisions, through an attempt to set a new legal framework in our criminal process option that encompasses the principle of opportunity in which it is fiscal shape without this attribute is necessarily the official investigation, with the ultimate goal of providing the Administration of Justice in higher levels of efficiency in general. Its preparation has followed a deductive and mixed ( dogmatic /formalist with empirical evidence ) methodology.;It starts remembering the different modes in the exercise of the charge - according to the principles of legality, and purely formal and opportunity, and a preliminary analysis of comparative law and the possibilities of introducing some of the figures in our blocks process.;It continues with the origin of the institution, its relationship with the powers of the State, its organic and functional principles, skills and the constitutional and legal basis of the right to accuse. The basics on which to base an indictment, finding facts and prognosis test, with special reference to the vague legal concepts from the theoretical formulation in the field of administrative law and constitutional approach to criminal law was broken.;Various controls on the exercise of the indictment, which are essential to understanding how it is articulated in practice and the effects produced in the various cases are analyzed.;The extent of control exercised by the executive branch is studied, especially for linkages with the prosecutor through the system of appointment and removal of the Attorney General and other senior officials of the institution. Juvenile criminal proceedings, which is the paradigm of the consecration of the principle of discretionary prosecution is analyzed.