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3 Indon. J. Int'l & Comp. L. 43 (2016)
Whistleblowing and Criminal Proceedings in Spain: Roma Traditoribus Non Praemiat

handle is hein.journals/indjicl3 and id is 55 raw text is: WHISTLEBLOWING AND CRIMINAL PROCEEDINGS IN SPAIN ROMA TRADITORIBUS NON PRAEMIAT Juan Carlos Ortiz Pradillo University of Castilla-La Mancha E-mail: JuanCarlos.Ortiz@uclm.es Whistleblowers play a key role when it comes to reporting corruption, fraud and mismanagement in which both public administrations and private com- panies may be involved. However, there is no institution in Spain to regulate, promote and duly protect the whistleblower who decides to collaborate with the legal system and provide efficient information to the investigation of the crimes committed, not only within criminal organizations or public administrations, but also within companies and their relationships with public administrations. This study is focused on analyzing what type of procedural handling should be applied into the Spanish criminal system, to the repentant offender who decides to collaborate with the authorities and helps to obtain evidence, because there is not a legalframework of whistleblowers in Spain. This paper discusses also that some procedural figures as the anonymous confidant, the protected witness or the repentant offender are not sufficient or effective to promote whistleblowing. Finally, it reviews the advantages and drawbacks of the inclusion of the discre- tionary prosecution principle in the Spanish criminal procedure, by promoting benefits (e.g. immunity) for those who collaborate with the legal system. Keywords: Corporate Crime, Criminal Proceedings, Criminal Justice, Spain, Whis- tleblowing. The Indonesian Journal of i' nrnio &Comparative Law ISSN: 2338 7602; E ISSN: 23 http://wwwv.ijil.org t© 2014 T[he institute for Migrant Rights Press

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