Silvela’s joke (For the abolition of the popular accusation)

There are topics that are usually the subject of a scientific article, but in this case the matter is of such seriousness that it needs to be known immediately by the general public, and hopefully by politicians promoting urgent reform. This is the so-called “popular action” in the criminal process, known to all citizens thanks to the press and some of its most scandalous interventions.

The popular action means that any Spaniard can be an accusing party in the criminal process if it is a crime that can be prosecuted ex officio, since, if it is only after a complaint or complaint from the offended party, we will have to wait for the latter to react. It was definitively introduced in the current Criminal Procedure Law of 1882, although with ambiguity, since the law did not say almost at all how to develop this possibility of accusation or in what specific cases. It seems that the figure had been promoted years before (1872) by Minister Eugenio Montero Ríos, who may have seen it as a counterweight to the Public Prosecutor’s Office by not trusting this figure, who saw his presence in the processes expanded with that reform. thus diminishing the omnipresent role that inquisitorial judges had had for centuries.

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