I. The Popular Action: A Spanish Anomaly
Díaz-Bastien starts by highlighting the popular action as a peculiarity of the Spanish legal system, tracing its historical roots back to the 1812 Constitution, initially focused on crimes of prevarication or bribery by judges. This institution was born from a distrust of the justice system, aiming to promote citizen participation and transparency in the administration of justice.
II. Article 125 of the Spanish Constitution
Article 125 of the Spanish Constitution envisages popular action as a mechanism for citizen participation in justice, though Díaz-Bastien questions if it truly serves this purpose in current practice. He examines how this figure has been interpreted and applied, pointing out its deviation from the original ideals and abuse in its use, ranging from the pursuit of personal vendettas to interference in politics.
III. What to Do
Díaz-Bastien proposes a legislative review of popular action, suggesting limitations to prevent excesses and ensure its application aligns with the goals of justice and citizen participation. The recent draft of the new Criminal Procedure Law (LECrim) is seen as a step in the right direction, introducing restrictions and clearly defining the crimes that can be subject to popular action.
