Nota
Author | Juan Damián Moreno |
Profession | Catedrático de Derecho Procesal, Universidad Autónoma de Madrid |
Pages | 19-19 |
Page 19
Fra tutti gli uffici giudiziari, il più arduo mi sembra quello del pubblico accusatore: il quale, come sostenitore dell’accusa, dovrebb’essere parziale al pari di un avvocato; e, como custode della legge dovrebb’essere imparziale al pari di un giudice.
Avvocato senza passione, giudice senza imparzialitá: questo è l’assurdo psicológico nel quale il pubblico ministero, se non ha squisito senso di equilibrio, rischia ad ogni istante di perderé: per amor di serenità, la generosa combattività del difensore o, per amore di polémica, la spassionata oggettività del magistrato.
(CALAMANDREI,
Elogio dei giudici scritto da un avvocato
)2
------------------------
[2] Entre los oficios judiciales, el más arduo que parece es el del acusador público; el cual, como mantenedor de la acusación, debería ser parcial como un abogado, y como guardador de la ley, deberá ser imparcial como un juez. Abogado sin pasión, juez sin imparcialidad; este es el absurdo psicológico en el cual el ministerio público, si no tiene un exquisito sentido...
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- La decisión de acusar. Un estudio a la luz del sistema acusatorio inglés
- Introducción
- Nota
- Nota
- Consideraciones generales. Por la senda del acusatorio. La fascinante atracción por la justicia penal inglesa
- El ejercicio de la acción penal («commencing a prosecution»)
- La decisión de acusar («whether to prosecute»): criterios de perseguibilidad. Control y tratamiento de la imputación por la acusación
- Control judicial y alcance de la decisión de no proceder («decision not to prosecute»)
- Conclusión: ¿es nuestro sistema acusatorio, acusatorio?
- Anexo: the code for crown prosecutors (versión traducida)
- Relación bibliográfica citada
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