Falta de participación activa de la víctima dentro del procedimiento abreviado

Abstract

The victim’s lack of active participation in the summary proceedings constitutes a limitation to the full exercise of his or her rights, especially the right to be heard and to obtain full reparation. In this type of criminal proceeding, which seeks speed and procedural economy through the acceptance of responsibility by the accused, the victim's participation is often reduced to a secondary or merely informative role. This situation can lead to feelings of exclusion and revictimization, as his or her interests are not duly considered in the negotiation between the prosecution and the defendant, who would be the beneficiary of the summary proceedings, despite having committed a crime and obtained a benefit. Furthermore, the lack of clear regulations on how and when the victim should intervene exacerbates this problem, undermining the principles of restorative justice and procedural fairness. It is therefore necessary to rethink the role of the victim to ensure his or her effective participation without distorting the purpose of summary proceedings.