Post by account_disabled on Mar 7, 2024 9:35:24 GMT 1
On the other hand, the Specialized Unit on Violence against Women proposes to reform Law 5/1995 of the Jury Court to eliminate the crime of breaking and entering from the catalog of crimes under the jurisdiction of said court. And this crime is closely linked to gender violence and can be presented in media competition with others, as is the case of crimes against sexual freedom , which ends up being submitted, due to the attraction of jurisdiction, to the jury. In this way, delays occur "in the judicial response that is detrimental to the protection of the victims", since there are occasions in which certain less serious crimes occur in competition with the search and that could be subject to rapid prosecution. At the same time, “ extraordinarily complex crimes requiring specialized training ” are subjected to jury trial .
The above proposals are contemplated in the annual report that the Prosecutor's Office has just presented coinciding with the opening of the judicial year. This text also calls for a Fax Lists change so that the Public Ministry intervenes in the entry and home search authorizations granted by the Contentious Administrative Courts. They maintain that the lack of provision for intervention "has been giving rise to non-uniform practices in judicial bodies (...) which has led to a dispersion of practices and uses in the different prosecutor's offices, with the consequent undermining of the principle of unity of action."
The Prosecutor's Office argues that, although it is not expressly contemplated in the Law that regulates the Contentious Administrative Jurisdiction, “the intervention of the Prosecutor's Office is justified – and, it could even be understood that it may be required – taking into account the constitutional mission of defense of the legality and the rights of citizens assigned by art. 124 CE”.
For this reason, they propose the introduction of a provision in the LJCA that provides for the transfer to the Public Prosecutor's Office of requests for judicial authorization for entry into homes and other constitutionally protected places, whose access requires the consent of its owner, to which referred to in art. 8.6 LJCA.
The above proposals are contemplated in the annual report that the Prosecutor's Office has just presented coinciding with the opening of the judicial year. This text also calls for a Fax Lists change so that the Public Ministry intervenes in the entry and home search authorizations granted by the Contentious Administrative Courts. They maintain that the lack of provision for intervention "has been giving rise to non-uniform practices in judicial bodies (...) which has led to a dispersion of practices and uses in the different prosecutor's offices, with the consequent undermining of the principle of unity of action."
The Prosecutor's Office argues that, although it is not expressly contemplated in the Law that regulates the Contentious Administrative Jurisdiction, “the intervention of the Prosecutor's Office is justified – and, it could even be understood that it may be required – taking into account the constitutional mission of defense of the legality and the rights of citizens assigned by art. 124 CE”.
For this reason, they propose the introduction of a provision in the LJCA that provides for the transfer to the Public Prosecutor's Office of requests for judicial authorization for entry into homes and other constitutionally protected places, whose access requires the consent of its owner, to which referred to in art. 8.6 LJCA.