El sistema de indemnización por prisión provisional indebida en la encrucijada
The scheme of damages in compensation for an unduly pre-trial detention as set out by Spanish law since 1985 has been shaken into its foundations by the intervention of the European Court of Human Rights, ensuring the principle of presumption of innocence embodied in article 6.2 of the European Conv...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2019
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7016116 |
| Source: | Revista de administración pública, ISSN 0034-7639, Nº 209, 2019, pags. 13-44 |
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| Summary: |
The scheme of damages in compensation for an unduly pre-trial detention as set out by Spanish law since 1985 has been shaken into its foundations by the intervention of the European Court of Human Rights, ensuring the principle of presumption of innocence embodied in article 6.2 of the European Convention of Human Rights. Besides, it is very likely that the Constitutional Court declares its unconstitutionality leading to a very complicated situation. In addition to the analysis of the whole procedure that has brought us to the current situation, some constructive proposal thereunder is advanced. |
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