The Public Interest Claimsin the Spanish Criminal Procedure

Abstract

The purpose of this article is the study of the institution of the «acción popular» (public interest claim)as an integral part of the prosecution system within the Spanish criminal procedure. It focuses on the analysis of the objective, subjective and formal requirements that must be taken into account in the application of this legal instrument. The limitations of
legal and jurisprudential nature are also reviewed. Furthermore, the paper
attempts to show a vision of the future of this legalinstrument, specially referring
to the proposed new Criminal Procedure Act. In conclusion, several
opinions are expressed that try to clarify and improve the way in which the
instrument is applied, and favour the permanence of this institution, which
is both symbolic and polemic, within the Spanish system.