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Direction of the investigation by the District Attorney and new criminal procedure model

Authors

  • M. Isabel González Cano Catedrática de Derecho Procesal de la Universidad de Sevilla

Abstract

Following the adoption of the proposed draft for reforming the system of investigation and criminal prosecution, is a stage of reflection and debate on a new model of criminal procedure in which part of two pillars, such as the address research by the Public Prosecutor and the empowerment of the right of defense. The paper presents the outlines of what could be a phase of criminal investigation headed by the Prosecutor, with the consequent rethinking of the judicial role in this preparatory phase of the trial.    

Keywords:

criminal procedure, Public Prosecutor, Judge of Warranties, research, preliminary hearing, accusatory principle, right to defense, impartiality, unit of action, hierarchical dependence