THE INDICTMENT DECISION AS A PROCEDURAL FILTER: LEGAL REQUIREMENTS AND EFFECTIVENESS CRITERIA

Abstract

This work analyzes the indictment decision carried out in the first stage of the jury procedure. The indictment decision acts as a procedural filter reducing the risk of wrongful convictions by the jury. Through bibliographic review, the work will address the problem of how this expected function can be fully achieved. In order to perform substantially, it is necessary to properly understand the legal requirements of the indictment decision and to adopt certain effectiveness criteria, such as the adversarial principle, immediacy and the support in the concept of standards of proof.

Keywords

• jury
• indictment
• adversarial principle
• inmediacy
• standards of proof