Defensa de la legalidad y juicio de conciencia en el fiscal
ISSN: 0188-5782
Year of publication: 2018
Issue: 53
Pages: 121-151
Type: Article
More publications in: Ars Iuris
Abstract
The Prosecutor may encounter dilemmas of conscience in his professional praxis. And this can occur both in the process of acquiring certainty about the events that have happened (assessment of the test), and in the phase of discernment of the meaning of the norm (hermeneutic function). The professional who faces this situation is faced with two different levels of reflection: a) ad intra or, what is the same, in the internal jurisdiction of one’s own conscience; b) ad extra, or in the field of legal recognition. In this second phase, the problem that arises is whether there are legal formulas in the Spanish legal system that allows the Prosecutor to act respecting his own conscience.