The prosecution service function within the spanish criminal justice system

The Spanish judicial system is independent and headed by the Supreme Court. Spain has a civil law system. The criminal procedure is governed by the legality principle--by opposition to the opportunity or expediency principle--which implies that prosecution must take place in all cases in which sufficient evidence exists of guilt. Traditionally, the role of the PPS in Spain has been very limited during the investigative stage of the process. That stage is under the responsibility of the Examining Magistrate (EM). Since the end of the 1980s, a series of modifications has been introduced in order to extend the functions of the PPS. In 1988, the PPS received extended competences which allow them to receive reports of offenses. Upon knowing of an offense (reported or known to have been committed), the PPS can initiate the criminal proceeding. The PPS is also allowed to lead a sort of plea bargain under a series of restrictive conditions and only for some offenses. At the same time, the PPS received extended competences in the juvenile justice criminal proceeding in 2000. With all this said, the role of the PPS has not changed radically and, during the investigative stage of the process, their main role remains the presentation of the accusation, playing a more active role during the trial stage of the proceeding. In this article the national criminal justice system of Spain is described. Special attention is paid to the function of the PPS within this framework and its relationship to police and courts. The article refers to legal provisions and the factual handling of criminal cases.

Stolen past: Shattered futures, aboriginal justice in Canada

It is acknowledged that Canada's criminal justice system has some major flaws, particularly with respect to its application to various ethnic subgroups. Aboriginal Canadians are one subgroup particularly sensitive to the problems in the system as is reflected by their disproportionately high rates of criminality and incarceration. Over the past 50 years many programs have been developed and recommendations have been made to alleviate the tensions Aboriginals find within the system. However, the situation today is essentially the same. Aboriginals are still overrepresented within the system and solutions that have been brought forward have had little success in stemming their flow into the system. Blame for Aboriginal mistreatment in the system has been placed at all levels from line police officers to high-level officials and politicians and attempts to resolve problems continue as an on going process. However, many of the recommendations and reforms have revolved around culture conflict. Although this thesis recognizes the importance of culture conflict in the overrepresentation of Aboriginals within the Canadian criminal justice system, it has also recognized that culture conflict alone is not responsible for all the flaws within the system as it pertains to Aboriginals. This thesis is of the opinion that in order for reforms to the criminal justice system to be successful, the context in which the system is operating must also be considered. Variables such as geographic isolation, economic disparity and social/political stability are viewed as operating in conjunction with culture, ultimately influencing Aboriginal treatment within the system. The conclusions drawn from this study confirm that when these factors operate together, the overrepresentation of Aboriginals within the Canadian criminal justice system is inevitable. Thus all three variables, culture conflict (social/political stability being part), geographic isolation and economic disparity must be address within the system if any significant changes in the crime rates or incarceration rates of Aboriginals is to be expected. In addition, primary research indicated the influence of cooperation as a factor in moderating the effects of criminality; not just cooperation among Aboriginals and non-Aboriginals, but also cooperation among differing Aboriginal communities. It was argued that when all these issues are addressed, Aboriginal peoples in Canada will have the strength to repair their shattered futures.

Reauthorization of the independent counsel law : hearing before the Subcommittee on Oversight of Government Management of the Committee on Governmental Affairs, United States Senate, One Hundred Second Congress, second session, August 11, 1992.

Shipping list no: 93-0072-P.

Indexed legislative history of the "Juvenile justice amendments of 1977."

Mode of access: Internet.

CHRI user's manual : criminal history record information /

This guide provides examples of juvenile and adult arrest fingerprint cards with instructions and additional record forms.

Instrucciones a los jueces de paz y municipales /

"Instrucciones dirigidas por la Corte Suprema de Justicia, a los jueces de paz y jueces municipales para unificar los procedimientos y práctica de las primeras diligencias en materia criminal."

La justicia penal en el Ecuador, su evolución, magistratura y reformas /

Mode of access: Internet.

Crime in Chicago. Reprinted from The New Republic.

Cover-title.

NIJ awards under the Crime Act : fiscal year 1996.

"July 1997."

Ekaterina II, kak kriminalistka : ugolovno-pravovai︠a︡ doktrina nakaza v ei︠a︡ otnoshenīi k zapadno-evropeĭskoĭ teorīi i k russkoĭ di︠e︡ĭstvitelʹnosti /

On cover: Izd. knizhnago magazina "Nasha zhiznʹ".

International summaries /

Mode of access: Internet.

Private prisons /

"NCJ 104561."

1969 Report.

Cover title.

A beginning blueprint for crime and delinquency prevention and control in Illinois.

"Chairman: Arthur J. Bilek."

Annual report /

Mode of access: Internet.