Open AccessLa conformidad: Negociar, pactar, rebajar y... ¿Renunciar a derechos para agilizar el proceso?
Author(s) -
Francesc Ordoñez Ponz
Publication year - 2021
Publication title -
latin american legal studies
Language(s) - English
Resource type - Journals
eISSN - 0719-9112
pISSN - 0719-9104
DOI - 10.15691/0719-9112vol8a6
Subject(s) - conformity , negotiation , political science , distancing , economic justice , plea , work (physics) , sociology , law and economics , welfare economics , law , engineering , economics , medicine , mechanical engineering , disease , covid-19 , pathology , infectious disease (medical specialty)
This work aims to analyze the conformity in the Spanish procedural system. But not exclusively. It pretends that the reader gets an idea that even though the conformity (as well as other forms of negotiated justice) is an advantageous and agile solution, also has a more uncertain side since it implies wavering guarantees and fundamental rights. Without disregarding the negotiations that take place (mainly, in the USA) that can be constraining to extremes that are hardy ethical or not at all. Not everything is acceptable for facilitating the process. This study will allow us to verify the problems of the justice system (slowness and congestion), as well as to analyze an instrument of procedural facilitation such as the conformity, to review its functioning, and for understanding what happens in the USA and in Chile, countries that have been chosen because the former is a conformity-based system, and the latter has an important Criminal Procedure Code and aims at distancing from the plea bargaining.