INTRODUCCION AL DERECHO PROCESAL VICTOR MORENO CATENA PDF

By Olga Cabrero. She speaks Spanish, Catalan, English and French. She worked as a law librarian for several years at the legal department of some enterprises in issues involving international business and legislation research. Update to an article previously published on LLRX. Judicial power. Autonomous Communities.

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The exam for admission to the judicial and prosecution careers are joint, so that all those who satisfactorily pass the theoretical tests have to proceed to the election of entry into one or another career. To accomplish with the mission entrusted to this body by the Constitution, the Prosecution Office Organic Regulation establish as functions: [1].

The article of the Constitution which regulates the Prosecution Ministry, in its second paragraph establish the main four principles that that should govern the action of the Public Prosecution:. The Prosecution Ministry shall discharge its duties through its own bodies in accordance with the principles of unity of operation and hierarchical subordination, subject in all cases to the principles of the rule of law and of impartiality.

It is the Attorney General who holds the superior office of the Public Prosecution and who represents it throughout the Spanish territory , corresponding to this position the issuance of convenient orders and instructions and the direction and inspection of the Prosecution Ministry.

In order to preserve the principle of unity in the performance of the Public Prosecution Office, the periodic celebration of all its components has been established by law, which will be useful to study matters of special importance or to establish positions with respect to certain questions. The agreements reached will have the character of a report, although if the opinion of the Chief Prosecutor is contrary to the agreement, the criteria of the Chief Prosecutor will prevail.

Within the Prosecution Ministry, the action criterion is imposed by the higher bodies with respect to the lower ones. The hierarchical dependence on the organization of the Prosecution Ministry is considered one of the essential notes that characterize it at the same time that distinguishes it from other bodies with which it shares a field of action, such as jurisdictional ones, since the latter must be prevented from all kinds of internal influence.

This happens because the framework of jurisdictional bodies is not valid within the scope of the Prosecution which si not part of the Judiciary although is integrated on it , structured hierarchically, with the Attorney General at the top, and subordinate to him, the other organs. Although it may seem that to say that the Public Prosecutor must be impartial, it is a contradiction in terms, since being impartial presupposes not being a party and what this body does is to intervene in the process in a position of part, the validity of the principle of impartiality supposes the absence of direct or indirect implication of the dependent employee of the Prosecution Office in the specific case in which he must act, thus preventing possible defects in his actions.

In no legal provision of the Spanish legal system is the recusal of the representative of the Public Prosecution for the mere fact that this is a procedural part, but contrary to this, the Organic Act of the Judiciary establish that any official that is part of the process and has any conflict of interest must be self-abstain to be a part of the process.

Centuries before the creation of the Prosecution Ministry already existed officials who represented interests of the monarch in the judicial procedures. However, the direct antecessors didn't arrive until the 19th century. It was by the Organic Act of the Judiciary of that the Prosecution Ministry was officially created. It was regulated in the Title 20 of the Act and consisted in 91 articles which established its nature, organization, competences, uniform and the process ot access in the prosecution career.

The original mission of the Ministry wasn't too much different from now: [6]. The Prosecution Ministry will watch over the observance of this law and of the others that refer to the organization of the Courts: it will promote the action of justice as far as the public interest is concerned, and will have the representation of the Government in its relations with the Judiciary.

These laws included the prosecutor into both procedures but its competences are very confusing in the Civil Procedural Act, differending it from the rest of the parts of the conflict but, at the same time, equipping it with the Solicitor General which was no a real part in the process.

In the Criminal Procedural Act, however, established clearly that the prosecutor is a part of the process. Soon after, in , the Prosecution Ministry lost the competences over the defence of the interests of the Public Treasury in favour of the Solicitor General's Office. Under the francoism , the Ministry lost most of its competences and was just a body to execute orders and to act as a channel of communication between the executive and the judicial power.

With the arrival of democracy and the approval of the Constitution of , the Ministry recovered its competences and were granted with new ones, defending not only the interest of the State but also the interest of the citizents, their rights and freedoms and to watch over the independence of justice.

The Constitution integrate it in the Judiciary but at the same time give it full autonomy without being under the authority of the General Council of the Judiciary. It also stops being a communication channel between the executive and judicial power and breaks with the historical dependence from the Government , being able the executive to communicate with the Prosecution only with related matters of public interest and it's the Attorney General , with the advice of the Board of Chamber Prosecutors, who decided if accepts this communications or not.

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Introducción al Derecho procesal

The exam for admission to the judicial and prosecution careers are joint, so that all those who satisfactorily pass the theoretical tests have to proceed to the election of entry into one or another career. To accomplish with the mission entrusted to this body by the Constitution, the Prosecution Office Organic Regulation establish as functions: [1]. The article of the Constitution which regulates the Prosecution Ministry, in its second paragraph establish the main four principles that that should govern the action of the Public Prosecution:. The Prosecution Ministry shall discharge its duties through its own bodies in accordance with the principles of unity of operation and hierarchical subordination, subject in all cases to the principles of the rule of law and of impartiality. It is the Attorney General who holds the superior office of the Public Prosecution and who represents it throughout the Spanish territory , corresponding to this position the issuance of convenient orders and instructions and the direction and inspection of the Prosecution Ministry. In order to preserve the principle of unity in the performance of the Public Prosecution Office, the periodic celebration of all its components has been established by law, which will be useful to study matters of special importance or to establish positions with respect to certain questions. The agreements reached will have the character of a report, although if the opinion of the Chief Prosecutor is contrary to the agreement, the criteria of the Chief Prosecutor will prevail.

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