Compensation for wrongful convictions in Spain

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Ortiz Pradillo, Juan Carlos (2023) Compensation for wrongful convictions in Spain. In Compensation for Wrongful Convictions A Comparative Perspective. Routledge, London, pp. 70-86. ISBN 9781003229414

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Official URL: https://www.taylorfrancis.com/chapters/oa-edit/10.4324/9781003229414-5/compensation-wrongful-convictions-spain-juan-carlos-ortiz-pradillo




Abstract

The Spanish regulation of the patrimonial responsibility of the State regarding the administration of justice covers three cases for compensation: a) judicial error; b) irregular functioning of the administration of justice; and c) unfair detention on remand (cases of detention on remand followed by acquittal). On the one hand, a great debate has focused on the scope of application of the third assumption because, over the decades, there have been very controversial judicial pronouncements, both by the Supreme Court and by the European Court of Human Rights, in affairs related to Spain. And it has finally resulted in the Spanish Constitutional Court declaring the Spanish norm partially unconstitutional, forcing the courts of justice to reinterpret Article 294 of the Organic Law 6/1985, 1 July, of the Judiciary (hereinafter LOPJ) until the legislator reforms the norm. On the other hand, another serious defect of the State liability system is the absence of a concrete legal framework to calculate the compensation of the damage caused by last instance judicial decisions or irregular functioning of the administration of justice.

Resumen (otros idiomas)

Item Type:Book Section
Palabras clave (otros idiomas):Wrongful conviction. Europe. Criminal Justice. Spain
Subjects:Social sciences > Law > Community law
Social sciences > Law > Criminal law
Social sciences > Law > Procedure (law)
Social sciences > Law > Jurisprudence
Social sciences > Law > European Union member states
Social sciences > Law > European Union
ID Code:76797
Deposited On:28 Feb 2023 12:19
Last Modified:28 Feb 2023 12:20

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