WHERE IS THE VICTIM IN SPANISH CRIMINAL PROCEDURE? A REFLECTION ON POSITION OF THE VICTIM IN SPANISH LEGAL SYSTEM
University of The Basque Country (SPAIN)
About this paper:
Appears in: ICERI2013 Proceedings
Publication year: 2013
Conference name: 6th International Conference of Education, Research and Innovation
Dates: 18-20 November, 2013
Location: Seville, Spain
Abstract:The author presents this paper to the 6th International Conference of Education, Research and Innovation (ICERI 2013) that will be held in Sevilla on the 18th-20th of november 2013. Within its main goal –become an International Forum for those who wish to present their projects and discuss the latest innovations and results in the field of Teaching and learning methodologies, educational projects and innovations and new technologies applied to Education and Research- the author wants to study the following two matters:
->Experiencies in education: Learning Experiences in Higher and Further Education: The author is lecturer of Jurisdictional Law, the branch of Law that explains and regulates how to resolve disputes of citizens in the courts. In the third part of this subject (Procedure Law III) criminal proceedings are studied. Specifically, is analyzed the solution that the State gives to criminal dispute -understood as a crime or offense-, through criminal procedure. Criminal proceedings are studied mainly from perspective of offender, emphasizing all rights that Spanish legal system recognizes him. However, following the European doctrinal trend that proclaims the need to strengthen rights of victims in criminal proceedings, last 2012-2013 school year, the author of this paper designed a pedagogical project to explain and reflection on the role of victim in Spanish criminal procedure.
-> European Higher Education Area: The Bologna Declaration and ECTS Experiences: Law Faculty of Basque Country University started implementation of Bologna Process three years ago. The pedagogical intervention project that the author will show in ICERI-2013 is a good example of how new teaching-learning methodologies are putting into practice in Spain, in general, and specially in Basque Country University.
Imbalance in roles that current Spanish criminal proceeding gives victim and offender is clear. While the latter is the main character, being recognized abundant rights, the first is almost invisible. Victim is a mere witness that relates suffered infringement. In this way, victim becomes a mere researching instrument, resulting in his status more duties than rights. There are not taken into account needs of crime victims, mainly need for assistance, and even, need for re-socialization. Victim is not reported about criminal justice system in general and especially its impacts and opportunities offered to him. The truth is that in Spanish legal system does not exist an act or a rule that collect the list of rights and duties of victims in criminal proceedings.
Moment we live today, when is making a cultural, institutional and social change aimed at increasing recognition and protection of rights and interests of crime victims, is a good opportunity to consider the need to establish an legal statute for victim in Spanish Law. At the same time, it is an ideal opportunity to reflect on this topic with Law Students.
2012-2013 school-year, the one who writes these lines has worked on rights and duties of victim with the students of Faculty of Law of the Basque Country University. In order to develop this aim, have been followed a methodology based on three pillars: (1) cooperative learning, (2) problem-based learning, and (3) case method.
Besides, ordinary master classes have been changed by group work. All from a constructivist approach to teaching and learning and using new methodologies as instrument to improve them.
Keywords: Victim, criminal procedure, learning, European Higher Education Area.