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El derecho de defensa en los procesos sobre delitos de abuso de menores.
- Source :
-
Ius Canonicum . jun2020, Vol. 60 Issue 119, p61-88. 28p. - Publication Year :
- 2020
-
Abstract
- Based on the essential principles of the legal process in general, and of the criminal process in particular (the adversarial process, the legal court's status as a third party, and the accused's right to a defense), this paper explores the development of procedural rules and regulations in relation to the crime of child abuse committed by members of the clergy. The legal route, once envisaged as the only possible way to judge crimes reserved to the exclusive competence of the Congregation for the Doctrine of the Faith, has been gradually replaced or significantly circumscribed by extrajudicial proceedings - the so-called 'administrative approach'. Given that this shift has serious repercussions for the right of defense in practice, the modus operandi at the Congregation has begun to incorporate elements of the legal process into its administrative proceedings, prompting the question of whether the administrative approach is now becoming a legal procedure, thus requiring new rules and regulations, as in the case of marriage annulment proceedings. [ABSTRACT FROM AUTHOR]
- Subjects :
- *JUVENILE offenders
*LEGAL procedure
*CRIME
*DUE process of law
*MARRIAGE
Subjects
Details
- Language :
- Spanish
- ISSN :
- 0021325X
- Volume :
- 60
- Issue :
- 119
- Database :
- Academic Search Index
- Journal :
- Ius Canonicum
- Publication Type :
- Academic Journal
- Accession number :
- 143584131
- Full Text :
- https://doi.org/10.15581/016.119.009