Personal Liberty Versus Pre-trial Detentiton: An Undervalued Right for Anachronistic Reasons

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Published: Dec 30, 2021
DOI: https://doi.org/10.33426/rcg/2021/111/1615

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Sara Turturro Pérez de los Cobos
Investigadora Postdoctoral. Universidad de Alcalá de Henares
https://orcid.org/0000-0002-3814-8954

Abstract

The first part of the article analyses a number of reasons why pre-trial detention regime needs to be reformed in order to adapt to the constitutional requirements in Spain. The second part examines a series of ideas to reduce the use of pre-trial detention in Spain. Some of these ideas are already provided for the 2020 Draft law to reform Criminal Procedure Code. Other measures have been taken from other member States of the Council of Europe which need to reduce the number of their pre-trial prisoners. Most of these reforms were addressed to comply with several judgements of the European Court of Human Rights.

Article Details

Keywords:
pre-trial detention, pre-trial prisoners, Draft law to reform Criminal Procedure Code, article 17 of the Spanish Constitution, Constitutional Court, European Court of Human Rights
How to Cite
Turturro Pérez de los Cobos, S. (2021). Personal Liberty Versus Pre-trial Detentiton: An Undervalued Right for Anachronistic Reasons. Journal of the Cortes Generales, (111), 313-344. https://doi.org/10.33426/rcg/2021/111/1615

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Issue
Num. 111 (2021): Second Term
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Articles
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