Análisis crítico-dogmático de la regulación santafesina de la llamada declaración de impacto de la persona víctima

Abstract

In this paper I will try to prepare a critical analysis based on the victim's impact statement, which was incorporated as a result of Provincial Law 14,181, enacted in December 2022 and incorporated into the Santa Fe Criminal Procedure Code. In order to do so, I will first address basic concepts that will allow a better understanding of the topic. Those concepts are mainly based on the federal and local regulatory framework. Secondly, I will refer to the victim impact statement as an instrument that affects the guarantee of impartiality of the person who judges, the inviolability of the defense of the accused person, as well as the right of the victim to be heard. minimize inconvenience during the course of the criminal process. Then I will reflect on the guarantee that is already recognized to the victim of being heard during the criminal process. Finally, I will briefly discuss the generation of greater conflicts in the criminal process that are generated by the creation of this instrument. In the conclusions I intend to criticize its implementation and propose alternatives to deal with the victim's conflict, from the legal and constitutional framework, as well as from a social and interdisciplinary approach.