EL FISCAL EN LA ACTUAL REGRESIÓN INQUISITIVA DEL PROCESO PENAL
Keywords:
PUBLIC PROSECUTOR, DEPARTMENT OF PUBLIC PROSECUTIONS, STRICT LEGALITY, JURISDICTION, JUDICIAL INDEPENDENCE, JUDICIAL IMPARTIALITY, ACCUSATORY PROCESS, PROCEDURAL GUARANTEES OF THE DEFENDANT, CRIMINAL INVESTIGATION, CORRUPTION, CRIMINAL POLICY, BARGAINING ON GUILTINESS AND PENALTIESAbstract
Abstract: In the judicial system of liberal ancestry, the public prosecutor has generally been the channel of communication, even of penetration, of the policy in the jurisdiction in the penal process, fact which has been facilitated by his habitual dependency of the executive. The phenomenon increases when the penal process stresses its role as a direct mean of social control, which is what happens today. This role and this way of operating of/with the public prosecutor usually justifies itself attributing to the public prosecutor the condition of agent of the government’s criminal policy, through which he would receive the democratic legitimacy that needs to exercise that function.
But in the constitutional Rule of Law the public prosecutor has assigned a central role, which is the one that must prevail: the exercise of the criminal action from and in favour of the legality. And therefore, with political independency, that is what makes possible the existence of an independent jurisdiction, essential in that model of State. Thus, its legitimacy is constitutional/legal, but not democratic-representative; and it must not be organized as a governmental agent but as an organ of the law
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