¿Podríamos los particulares ejercer una acción penal sin necesidad del Ministerio Público?

Abstract

The novelty of the reform in June 2008, is contained at the conclusion of the second paragraph of the mentioned article 21, which integrates the following sentence: the law shall determine the cases in which individuals may exercise criminal proceedings before the judicial authority. This is a real novelty, because during the almost one hundred years of entry into force of the Constitution, not the monopoly of the criminal action by the public prosecutor's Office had broken in any case, and now this small paragraph of less than two lines, opens the possibility of secondary law, i.e. the procedures penal federal and state codes establish the cases in which so-called private criminal action is appropriate.