Historical Memory and Transitional Justice in Spain: the Time as Actor of Criminal Justice

DOI:  https://doi.org/10.12804/anidip02.01.2014.02

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Published: Oct 30, 2014
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2014-10-30 (1)
Issue: No. 2 (2014)
Section RESEARCH SECTION


Keywords: Criminal justice transitional justice memory reconciliation reparations truth victims.

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Authors

Josep Tamarit Sumalla
University of Lérida Open University of Catalonia

Abstract

The article addresses the political, criminal and legal challenges posed by accountability demands for past crimes by studying the singularities that the Spanish transition from Franco’s dictatorship to democracy has raised. Especially, it is analysed the Historical Memory Law of 2007 and the most problematic points of the criminal justice actions that have emerged due to offenses committed during the dictatorship. Despite the existence of international crimes, the elapsed time has brought difficult to overcome, factual and legal difficulties for effective prosecution. This problem, focusing on the prohibition of retroactivity, prescription and effects of the Amnesty Act of 1977 is examined here.
Author Biography

Josep Tamarit Sumalla, University of Lérida Open University of Catalonia

Professor of International Criminal Law of the University of Lérida and Director of the Program of Criminology of the Open University of Catalonia.
How to Cite
Tamarit Sumalla, J. (2014). Historical Memory and Transitional Justice in Spain: the Time as Actor of Criminal Justice. Anuario Iberoamericano De Derecho Internacional Penal, 2(2), 43–65. https://doi.org/10.12804/anidip02.01.2014.02
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