Transition, Historical Memory and Criminal Justice in Spain

摘要

Spanish transition to democracy after Franco's authoritarian regime has never been a popular topic of research among those interested in transitional justice. However, transitional justice in Spain presents some particular features of great interest. Criminal justice against the perpetrators of human rights violations was avoided through an Amnesty Act in 1977. But since 2008, following an Act passed in 2007, some criminal proceedings have been started. The article studies the viability and background of such initiatives from a legal, international and comparative perspective as well as discussing the Act passed in 2007, which introduced different procedures for giving reparation to the victims of the civil war and dictatorship.