Abstract

CHOCRON GIRALDEZ, Ana María. Fundamento Constitucional de la Protección a las Víctimas en el Proceso Penal Español. Bol. Mex. Der. Comp. [online]. 2008, vol.41, n.122, pp.691-715. ISSN 2448-4873.

The Spanish Criminal Proceedings are now in the throes of an interesting update of their functions. In this way, from the point of view of the rights and guarantees supported by the Constitution of 1978, the criminal process assumes not only the enforcement of the ius puniendi, but also develops another functions which have the victim and the aggressor as the essential part of it. During many decades the criminal process has been focused on the defense of the aggressor's constitutional guarantees and on the requirements of a fair trial. Present times claim for a more important role and defense of the victim into the criminal law. This study tries to analyze this new conception starting by checking the Constitution of 1978 and concretely its article 24, and evaluating the mechanism of answer that the Spanish judgment system has to defend the legitimate rights of those who have been victims of an offence.

Keywords : Fundamental rights; Defencelessness; Criminal proceedings; Effective judicial custody; Victim.