Doble conforme: La Garantía del imputado

Abstract

In the field of procedural law, the doble conforme (second hearing) principle refers to the right of a criminally convicted party, i.e. a person declared guilty, to appeal the ruling or sentence given in a higher tribunal. The re-emergence of the victim in criminal procedure has led to changes in criminal Law, criminal proce­dural Law and even penal enforcement. Thus, it is debated whether the satisfaction of the right to justice of the offended party requires as a condition sine qua non the bilateral application of this procedural safeguard. With this purpose, this paper reviews and analyses the basic ideas or pillars that sustain the participation of the victim in the process, as well as the most common criticism related to them, since they attempt to reflect the negative impact they cause on the author. Finally, the problems related to the bilateral application of the doble conforme safeguard are highlighted, while encouraging the reader to reflect on the convenience of this type of regulation in a State of law that is respectful of the safeguards and principles of the accused.