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OUR PARTNER SERGIO BERENGUER IS ONE OF THE AUTHORS OF THE DIALOGUES FOR THE FUTURE JUDICIAL LXXIX

Nuestro Socio Sergio Berenguer es uno de los autores del los Diálogos para el futuro judicial LXXIX

THE REFORM OF THE LECRIM WITH THE RDLEY 6/2023, OF DECEMBER 19:

Key Aspects, from the Journal LA LEY, No. 10491, Section Justicianext, April 23, 2024. In which Sergio, accompanied by four other renowned jurists, gives their opinions on the reform of various aspects of the Lecrim, including technical improvements in the treatment of persons with disabilities participating in the criminal process and the inclusion in the rule the possibility of conducting statements of investigated persons in criminal processes via video conference. In the first general overview of the modification, our colleague begins by saying:

“It’s a reform with lights and shadows. The general critique I would make is that if the purpose of the reform is to expedite the criminal process, the modifications made in the Criminal Procedure Act (LA LEY 1/1882) do not seem to achieve that objective. That it will facilitate the practice of some procedures, there is no doubt. However, it is not possible to expedite the Administration of Justice by imposing more duties or obligations, or by increasing the complexity of some procedural steps, without a corresponding increase in budget and provision of more resources.

This does not mean that the reform efforts to digitalize the Administration of Justice are not positive. But one must be aware of the practical problems that this digitalization poses in the day-to-day judicial practice if the available means are not properly organized. To give an example, professionals see how sometimes it becomes absurdly complex—or even sometimes impossible—to merely display an electronic document to an investigated person, witness, or expert, to clarify some aspect about it (much of the blame for this lies with the—for many—hated ‘events,’ which have come to replace the traditional volumes and their pages).”

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