Libertad personal versus prisión provisionalun derecho minusvalorado por razones anacrónicas
ISSN: 0213-0130, 2659-9678
Year of publication: 2021
Issue: 111
Pages: 313-344
Type: Article
More publications in: Revista de las Cortes Generales
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.