THE REGULATION OF THE POPULAR ACCUSATION IN THE NEW DRAFT BILL ON CRIMINAL PROSECUTION

The figure of the popular accusation, typical of Spanish procedural law, has endured in the legal system despite the different criticisms of its spurious use by different associations and public bodies. This problem had one of its high points with its practice by different public administrations and its rejection by a restrictive jurisprudence regarding the interpretation of Article 125 of the Magna Carta, being corrected by the Constitutional Court. Even so, the greatest and most fraudulent use of it lies with the political parties, who have perverted the legal institution for purely electoral purposes, as was recently the case with the popular accusation brought by the Vox party before the Supreme Court. The purpose of this paper is to carry out a historical and doctrinal analysis of the figure, and subsequently carry out a study of the proposed regulation made by the Draft Bill of the Criminal Procedure Law, with special emphasis on the subjective limitation that accompanies it, excluding public legal entities, unions and political parties due to the facts set out above.