Discrecionalidad del Fiscal y flexibilización de la acción penalEl interés público en una administración eficaz de la Justicia

Abstract

This article considers the concept of Public Prosecution discretion as the most useful tool to achieve some aims of the criminal justice system, as the rehabilitation of the offender and the reparation of the victim. The author examines the introduction of new forms of justice through the conditional cautioning that should be administered by the Prosecutor and their potential adoption by the Spanish Procedural Law. Conditional cautioning enables offenders to be given a suitable disposal without the involvement of the usual court processes. Where rehabilitative or reparative conditions (or both) are considered preferable to prosecution, conditional cautioning provides a statutory means of enforcing them through prosecution for the original offence in the event of non-compliance. The key to determining whether a conditional cautioning should be given �instead of prosecution- , is that the imposition of specified conditions will be an appropriate and effective means of addressing an offender behavior or making reparation for the effects of the offence on the victim.