TY - JOUR
T1 - El principio de legalidad y la persecución penal obligatoria. Mito y realidad
AU - Robles, Carlos Correa
N1 - Publisher Copyright:
© 2025, Universidad Autonoma de Chile. All rights reserved.
PY - 2025/2/27
Y1 - 2025/2/27
N2 - The article—from a comparative law perspective—the interpretation of the principle of legality in criminal prosecution, highlighting that, due to limited resources, prosecuting authorities must select cases to investigate based mainly on the severity of the crime, the likelihood of success, and the social expectations involved in criminal law enforcement. Effective management requires this selection procedure, but it shouldn’t be capricious or go against the legality principle, which calls for fair prosecution. The principle of legality requires that similar cases be treated uniformly and that investigations not be omitted without reasonable justification. The writing also says it’s wrong for prosecutors to “resign” when crimes are small or hard to investigate, because this could go against the idea of law. It concludes by saying that in order for the system to meet justice standards and guarantee the efficacy of criminal prosecutions, criminal reforms should be accompanied by an increase in resources.
AB - The article—from a comparative law perspective—the interpretation of the principle of legality in criminal prosecution, highlighting that, due to limited resources, prosecuting authorities must select cases to investigate based mainly on the severity of the crime, the likelihood of success, and the social expectations involved in criminal law enforcement. Effective management requires this selection procedure, but it shouldn’t be capricious or go against the legality principle, which calls for fair prosecution. The principle of legality requires that similar cases be treated uniformly and that investigations not be omitted without reasonable justification. The writing also says it’s wrong for prosecutors to “resign” when crimes are small or hard to investigate, because this could go against the idea of law. It concludes by saying that in order for the system to meet justice standards and guarantee the efficacy of criminal prosecutions, criminal reforms should be accompanied by an increase in resources.
KW - criminal law enforcement
KW - criminal prosecution
KW - pre-classification mechanisms
KW - principle of legality
KW - selection of cases
UR - https://www.scopus.com/pages/publications/105015071076
U2 - 10.32457/rjyd.v8i1.2989
DO - 10.32457/rjyd.v8i1.2989
M3 - Article
AN - SCOPUS:105015071076
SN - 0719-9392
VL - 8
JO - Revista Justicia y Derecho
JF - Revista Justicia y Derecho
IS - 1
ER -