The accusatory criminal system: Generalities
The criminal justice system of a country is the current procedural and criminal regulations, which determines the way in which criminal justice is administered and that it is otherwise the reflection of the type of society in question, hence it hasbeen called "company’s presentation card", this statement because laws are the expression of the needs of the peoples.
For the purposes of studying legal systems, doctrine has made a classification consisting of four large blocks according to the influence of which they emerge, namely;The Common Law, Roman-Germanic systems, those of Asia countries and those that derive from merely religious criteria.
They express Castro & Nieves who, attending to the previously enunciated classification, the countries of America have adopted their justice administration systems according to the transmission of the influences obtained from the nations by which they were colonized, which is why those whose colonization occurred byEngland adopted notable characteristics of Common Law, while those colonized by countries such as Spain and other European powers instituted legislation with inquisitive features derived from Rome. (2011), to the types of justice system referred to.
To address a general concept, it can be established that “the accusatory criminal system is an adversarial system, where the parties (prosecution and defense) face equal opportunities before an impartial judge, who, based on evidence and arguments, decides ifcondemns or acquitted. The Public Ministry and the Victim can also intervene: the first to safeguard the legal order and the second to guarantee the truth, justice and reparation. The evidence is presented before the judge orally and with witnesses, they undergo debate and confrontation by the parties before the judge, who strive to convince him of their positions."
The main characteristic of differentiation of the accusatory regarding the inquisitive is the introduction of orality in the process, it implies the celebration of audiences in which all the evidence that makes up a file is orally discussed, this is how through the beginningOrality seeks to balance equality between the parties.
In addition to the principle of orality, the conversion of the inquisitive to the accusatory is covered with other principles with a view to guaranteeing the rights of the parties namely;orality, contradiction, immediacy, advertising, concentration
References
- Jakobs, Günther, Society, Standard and Person in a theory of a functional criminal law, ed. CIVITITE Notebooks, Madrid, 1996, P. 22.
- Castro, l., & Nieves, J. (2011). Introduction and general characteristics of the new criminal justice system. Compilation of the new accusatory criminal justice system.
- Iguaran Arana, Mario Germán, (Attorney General’s Office), 100 Questions Accusatory Criminal System, WWW.Prosecutor.GOV.CO, Colombia, 2006. P.two.
- Macías, p. G., Izaguirre, j. A. H., Díaz, l. H. L., Govea, m. G., & Tovar, t. AND. G. (2011). Comments on the Inquisitive System and the Accusatory System: Road to Oral Trials. Contributions to the Social Sciences, (2011-12).
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