The right to the presumption of innocence in its extra- procedural aspect in investigative commissions Comment to the Ruling of the Constitutional Court 77/2023, of June 20. Concerning the Appeal for legal protection num. 2646-2019. (BOE num. 176, of July 25, 2023)
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Abstract
The ruling analyzes, in view of the most recent jurisprudence of the European Court of Human Rights, the violation of the right to the presumption of innocence in its extra-procedural aspect committed in relation to the
plaintiff’s appearances before the commission of inquiry both in the manner in which that she was required to appear as well as in the development of the appearance instead of redirecting it to the right to the mushroom as had been done in STC 133/2018.
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