Judicial Error and Remand Imprisonment. Transpersonalist Automatisms to Overcome

Authors

  • Pere Simón Castellano Universidad internacional de la Rioja
  • Luis Rodríguez Ramos Universidad Nacional de Educación a Distancia

DOI:

https://doi.org/10.18042/cepc/redc.125.02

Abstract

This article examines the legal regime, the jurisprudence evolution and the troubles of the state liability provided by Article 121 of the Spanish Constitution, focusing the analysis on wrongful remand as a specific judicial error. We aim to set up the terms of the debate after the changes introduced by Spain’s own Constitutional Court declaration of the unconstitutionality of a number of provisions of Article 294 of the country’s Organic Law on Judicial Powers (STC 85/2019), that solved partially some troubles, and at a good moment when a new project of reform of the Spain’s own criminal procedural law is at stake. The work includes a comparative analysis of these elements with other European countries and points out specific interpretative and lege ferenda proposals.

Published

2022-09-13

Issue

Section

STUDIES