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Private Interests Seeking Punishment: Prosecution Brought by Private Individuals and Groups in Spain

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Abstract:

This article centers on the study of the Spanish private prosecution system. It is an attempt to highlight both its theoretical potential and its practical dysfunctions. This type of lay participation in criminal matters is often seen as a way to strengthen democracy or to legitimate justice, opinions that the author rejects. Although private prosecution may work as a safety valve against the public prosecutor's inactivity, the introduction of private interests in the penal process may distort its true significance and function. Private prosecution can become a Trojan horse within the system.

Document Type: Research Article

DOI: http://dx.doi.org/10.1046/j.1467-9930.2003.00144.x

Affiliations: Universidad de Burgos, Hospital del Rey, Burgos, Spain

Publication date: April 1, 2003

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