Private Prosecution and affectation of fundamental rights

Abstract

This article aims at analyzing the procedural figure named private prosecution from a reflective and critical approach. The methodology used is part of the type of qualitative research as it focuses on the concept of the mentioned figure and its consequences. The tension between the right of victims to access promptly and effectively to the ordinary criminal jurisdiction, and the fundamental guarantees recognized to those who acquire the quality of indicted, imputed or accused, is specifically studied in this paper. Such reflective analysis leads to the conclusion that the regulation finally adopted by Congress should include a material check of the legal complaint made by the private prosecutor coupled with prior control of all activities that may affect guarantees of the accused.