Abstract
In Spanish Criminal process and Forensic practices, there is a controversial element so-called popular action. This one has given rise to different positions and judgments have been handed down on this matter too. In this context and in order to understand the basis of the case, it is important to know that there are situations that depending on how they are treated, by whom it can be persecuted, or the people affected by them, they were called one way or another, in addition to many other considerations, and due to the very nature of the illicit act, it is possible that people outside it can position themselves as accusers. This article offers an analysis from Law & Economics applied the popular action, with special attention to its development in Spain, its current risk of deinstitutionalization process and its paradox of active legitimacy.
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