The role of the Guarantee Judge in Personal Precautionary Measures Hearings: A Normative Review of the Criminal Procedural Systems in Chile, Uruguay, and Federal Argentina
The functions that guarantee or control courts must fulfill in adversarial accusatory models are crucial for the proper protection of the rights and guarantees of all participants, especially the defendant and the accused. These functions are critical to the debates regarding the appropriateness of...
I tiakina i:
| Kaituhi matua: | |
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| Hōputu: | article |
| Reo: | Pāniora |
| I whakaputaina: |
2024
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| Ngā marau: | |
| Urunga tuihono: | https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/3961 https://hdl.handle.net/10895/7335 |
| Ngā Tūtohu: |
Kāore He Tūtohu, Me noho koe te mea tuatahi ki te tūtohu i tēnei pūkete!
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| Whakarāpopototanga: | The functions that guarantee or control courts must fulfill in adversarial accusatory models are crucial for the proper protection of the rights and guarantees of all participants, especially the defendant and the accused. These functions are critical to the debates regarding the appropriateness of personal precautionary measures and require the judge to strictly observe the principles governing such measures and to justify how these principles are applied in each case. Supervisory courts must define and clearly state the standards required for each type of personal precautionary measure requested by the litigants and must reproduce in their rulings the criteria employed and the reasoning used to either confirm or dismiss the requirements of the personal precautionary measures, such as their material prerequisites and the necessity for caution. |
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