La prueba preconstituida como medio de prevención de la victimización secundaria en menores
ENG- The criminal process has important shortcomings in the way it deals with the victim of the crime, who, when seeking justice with the expectation of obtaining an adequate institutional response and fair reparation for the crime suffered, is faced with a system centered on the exercise of the pun...
| Autor: | |
|---|---|
| Formato: | tesis doctoral |
| Estado: | Versión publicada |
| Fecha de publicación: | 2025 |
| País: | España |
| Recursos: | CBUC, CESCA |
| Repositorio: | TDR. Tesis Doctorales en Red |
| OAI Identifier: | oai:www.tdx.cat:10803/696095 |
| Acesso em linha: | http://hdl.handle.net/10803/696095 |
| Access Level: | acceso embargado |
| Palavra-chave: | Prova preconstituida Prueba preconstituida Pre-recorded evidence Victimització secundària Victimización secundaria Secondary victimization Víctima vulnerable Vulnerable victim Menors d'edat Menores de edad Minors Dret procesal penal Derecho procesal penal Criminal procedural law 343 |
| Resumo: | ENG- The criminal process has important shortcomings in the way it deals with the victim of the crime, who, when seeking justice with the expectation of obtaining an adequate institutional response and fair reparation for the crime suffered, is faced with a system centered on the exercise of the punitive power of the State, where their needs and desires are frequently left unattended. This disconnect between the victim's demands for justice and the institutional response offered by the criminal process gives rise to what is known as secondary victimization, defined as any harm additional to that caused by the crime that contributes to deepening the emotional, psychological, social and economic damage caused by the criminal system. This phenomenon, although it can affect any person without distinction, acquires special relevance in the case of minors, who, due to their condition as vulnerable subjects derived from the evolutionary moment in which they find themselves, together with the inadequacy of a justice system that is not adapted to their idiosyncrasies, are especially harmed as a consequence of their intervention in the criminal process. This problem has received special attention in recent decades, with a series of protective measures being implemented, among which pre-established evidence has become one of the most important. Reflecting the growing prominence of pre-constituted evidence, the Ley Orgánica 8/2021, de 4 de junio, de protección integral a la infancia y la adolescencia frente a la violencia was approved in Spain in 2021. This regulation, within the framework of the comprehensive measures it promotes for tackling violence against children and adolescents, reinforces the normative organization of pre-constituted evidence and establishes its obligatory nature for all children under fourteen years of age, who will give evidence through this modality in order to avoid secondary victimization. However, along with the benefits that empirical evidence has shown, this figure has never been free of criticism. The proceduralist doctrine, despite the fact that the national legal system has contemplated this figure for centuries prior to the enactment of the LOPIVI, has been skeptical and suspicious, considering that its use undermines the structural pillars of the criminal process, particularly with regard to the principles of contradiction and immediacy |
|---|