The Incident of the Legal Accumulation Sentences: Proposal de Lege Ferenda

Abstract

The institute of the legal accumulation of sentences constitutes a legal limitation to the successive enforcement of penalties, imposed in the same or different proceedings through a set of punitive limits in order to lessen the dehumanizing effects of the system of material accumulation. This limitation is also motivated by the function of re-education and social reintegration that any custodial sentence must fulfil, as given in article 25.2 of the Spanish Constitution. In this work we develop a proposal de lege ferenda of the rules of procedure of this institution, with a more precise and refined wording of article 988 of the Rules of Criminal Procedure, which safeguards the principle of contradiction and avoids undue delays derived from the current rules of jurisdiction