Evaluative response of compatibility between the crime theory and the case theory: Harmony of criminal law and adversarial criminal system
DOI:
https://doi.org/10.18272/iu.v14i16.733Keywords:
common law, derecho continental europeo, procedimiento penal, teoría del delito, teoría del caso, derecho penal, sistema adversarial penalAbstract
This paper seeks to define that although common law and continental European law are different -as a whole- beginning from their sources of knowledge and production (which keeps them separated), it is possible to find an acceptable parity between them which, without merging them, sacrificing justice or some fundamental right, allows for an adequate legal parallelism as a balancing point between both systems and for a link between substantive law and procedural law, where all legal norms are under the same hierarchical level as a response and behavioral guide for judicial officers of a State of rights.
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