Problemas interpretativos del artículo 149, inciso segundo del Código Procesal Penal

Translated title of the contribution: Interpretative problems of the article 149, paragraph two of the Penal Procedural Code

Research output: Contribution to journalArticlepeer-review

Abstract

After a brief review of its constitutionality, this paper shows some interpretative problems of the verbal appeal regime against decisions to reject the request for the imposition or maintenance of preventive detention, of the article 149, paragraph two of the Penal Procedural Code, which have been solved under the recent amendment made by Law No 20,931. Then, it analyzes and suggests how to solve various other interpretative problems such regulation, despite the latest legal change, still presents. It is intended to revise the claim that the rule establishes an appeal with suspensive effect, to decide whether verbal appeal must meet the general requirements of any appeal, to decide whether when verbal appeal is not deducted also can be the written appeal deducted, to decide whether the verbal appeal is applicable in the trial of adolescents, to decide whether only the prosecutor can deduct the verbal appeal and finally to resolve whether the legal analysis relied upon by the prosecution is relevant to its admissibility.

Translated title of the contributionInterpretative problems of the article 149, paragraph two of the Penal Procedural Code
Original languageSpanish
Pages (from-to)293-328
Number of pages36
JournalIus et Praxis
Volume24
Issue number1
StatePublished - 1 Jan 2018

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