La prisión preventiva frente a la presunción de inocencia en el ordenamiento jurídico español

Cano Lamana, Lorena
Parroqué Lázaro, José Antonio (dir.)

Universidad de Zaragoza, DER, 2019
Derecho Penal, Filosofía del Derecho e Historia del Derecho department, Derecho Penal area

Programa conjunto en ADE/DERECHO (Grados)

Abstract: The present work focuses on the existing controversy between the use of preventive prision or provisional prision, and the guarantee of two of the fundamental rights protected by our constitution: freedom and the presumption of innocence.
Due precisely to this clash of interests, and to the possible damages that may result from an abusive use of the same, the preventive prision must be used only exceptionally. Therefore, the criminal prosecution law includes the requirements that must be met when applying this measure in criminal proceeding.
Given this condition, it seems that preventive prision would only apply to isolated cases. However, in practice this is not usually the case. There are many criticisms received precisely because of the abuse of this measure by the courts. For what seems necessary to know, beyond what dictates the LECrim, what are the motivations that lead the judges to make this decision and what happens when finally the subject is declared innocent.

Tipo de Trabajo Académico: Trabajo Fin de Grado