Herri-akusazioaren arazo nagusienak eta etorkizuneko aurreikuspenak

Etxeberria Bereziartua, Eneko

Publication year:

2011

Publication place:

Donostia-San Sebastián

ISSN:

1137-1951

Summary

This paper summarises the regulation and basis of the "acción popular" (class action), a unique institution in Spanish criminal prosecution. Attention is drawn to its main problems, which are: if it is a basic right, the fact that foreigners are denied it; the exercising of it by public legal persons; abuse in the exercising of it; the difficulties in incorporating the principle of opportunity; and the confusion following the Rulings handed down by the Spanish Supreme Court in the well-known Botín, Atutxa and Ibarretxe cases. Finally, a proposal is made to reform the institution without undermining the rights that are granted to citizens.