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Policies Transfer: The Case of Juvenile Justice in Spain.

Fernandez Molina, Esther
June 4, 2015

Source: (2005) European Journal on Criminal Policy and Research. 11: 51–76.

After a cursory description of the policy transfer phenomenon (the common subject of the volume) and the supranational character of the juvenile justice, the paper tries to explain the problems that can be found in a specific country when this phenomenon of policy transfer occurs. To show these problems we have gone through a very detailed exposition of the internal problems arising from this process. The role of the juvenile instructor Prosecutor and the methods underlying the paradigm of restorative justice is analyzed. The implementation of this practice is especially interesting insofar as the methods imported come from a common law criminal system, with different tradition and principles to the continental criminal system, as the Spanish system is (adversarial system vs. inquisitorial system). Author’s abstract.


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