El principio de proporcionalidad en las restricciones al descubrimiento probatorio ante la CPI. Estado del arte, críticas y alternativas
This paper shows the role and development of the principle of proportionality in authorizing disclosure restrictions at the icc. The concept and normative basis of these figures in this High Court is studied with the aim to achieve this objective. Subsequently, the contact points between these inst...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | Spanish |
| Published: |
2020
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| In: |
Derecho penal y criminología
Year: 2020, Volume: 41, Issue: 111, Pages: 159-205 |
| Online Access: |
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| Journals Online & Print: | Drawer...
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| Check availability: | HBZ Gateway |
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| Summary: | This paper shows the role and development of the principle of proportionality in authorizing disclosure restrictions at the icc. The concept and normative basis of these figures in this High Court is studied with the aim to achieve this objective. Subsequently, the contact points between these institutions are analyzed in order to get a more complete understanding of them, so that a critical analysis of the Court’s discourse is possible. After that, the state of the art about this particular use of the principle of proportionality in the Court’s jurisprudence will be indicated. Finally, some issues of this develop-ment are presented, and a series of solutions are proposed. |
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| ISSN: | 2346-2108 |
| DOI: | 10.18601/01210483.v41n111.06 |