Accusatory system, accusatory principle, accusation and object of criminal proceedings

Abstract

The construction of the modern criminal process necessarily requires the basic and essential articulation of the accusatory principle, but not for the existence of the accusatory system, since it is obvious that there cannot be a criminal trial without accusation, which must be supported by a person other than the one who has to resolve whether or not there has been a crime and, if there has been, who has committed it, but to give meaning to the object of the process, its configuration and effects, as well as to guarantee the impartiality of the judge. Without good regulation and jurisprudence on these two issues, the accusatory principle would be meaningless and today would be a mere historical relic, incapable of contributing to achieving a fair sentence, the main goal of the criminal process proper to a state of law, such as Spain.