The Private Prosecution in Criminal Proceedings – Aboso

Rights and guarantees of the victim and his role as plaintiff in the exercise of his autonomous procedural legitimacy

With special reference to the National Criminal Procedure Code, Federal Criminal Procedure Code, CABA Criminal Procedure Code, Buenos Aires Provincial Criminal Procedure Code, Córdoba Criminal Procedure Code, among others.

AUTHOR: Gustavo Eduardo Aboso

EDITOR: elDial.com

YEAR: 2024

CATEGORY: CRIMINAL AND CRIMINAL PROCESS

FORMAT: PAPER

PAGES: 402

SYNOPSIS:

This work addresses one of the most complex and debated topics, dealing with the active legitimacy of the victim of a crime in criminal proceedings. Generally, the few studies on the role of the criminal prosecutor are restricted to a one-dimensional analysis of its importance in the procedure; Here, however, a matter that has recently undergone significant modifications that shape its meaning and scope is systematically addressed.

Starting from the precedent "Santillán" (1998), the highest judicial instance at the federal level resorts to a dynamic interpretation of the concept of "previous judgment." Firmou-se, então, or understanding that the victim constituted as plaintiff in the criminal process was not limited by subrogation in the exercise of his rights — in particular, or of access to jurisdiction, decorrente da guarantee of due legal process. Such a guarantee ensures that any city, whether accused or offended, has the right to go through the justice system to solve the intersubjective conflict of which the protagonists are involved.

The content of the work is presented as a synthetic unit. In the first section, we develop the content and reach the victim's rights under the protection of the principle of victim autonomy. This principle serves as a guide to understand, in a harmonious way, the comprehensive protection system offered within the normative framework — composed of the National Constitution and the block of conventionality —, or as expressed in a defined criminal policy, in its gerais lines, for the ressignificação of the role of the victim in the criminal process.

The second, and more extensive section, this work is dedicated directly to the regulation of crime from an integrative perspective that opens the procedural orders in force in each provincial jurisdiction. The importance of the horizontal approach to crime lies in the fact that, since it is possible to establish common minimum budgets in its regulation, there are particularities in each of the two ordinances that justify a specific treatment.

Gustavo Eduardo Aboso: Doutor em Direito (UNED – Madrid). Public Defender with the Chamber of Cases and Appeals in Criminal, Juvenile Penal, Contravenções and Infrações do Poder Judiciário da Cidade Autônoma de Buenos Aires. Postgraduate Professor in Criminal Law (UBA, Universidad Austral, Universidad de Belgrano, Universidad Nacional de Mar del Plata and Universidad del Salvador). Director of the Suplemento de Direito Penal e Procedural Penal of the ElDial portal. Guest professor at the University of Azuay (Equador), Universidad Mayor de San Andrés (Bolívia), Universidad Nacional Mayor de San Marcos (Peru) and the Universidad Católica de San Pablo (Peru). Author of the work “Penal Code of the Argentine Republic commented and agreed” (6th ed., 2nd reprint, 2024), among others. Founding member of the Academia Argentina de Ciências Penais.