Pre-trial Detention in Spain

Pre-trial Detention in Spain brill.nl/eccl © Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157181710X12816005399230 Pre-trial Detention in Spain José Luis Díez-Ripollés a and Cristina Guerra-Pérez b a) Professor of Criminal Law, Head, Andalusian Institute of Criminology, University of Málaga, Spain b) Deputy Magistrate at the Málaga Provincial Court; Researcher, Andalusian Institute of Criminology, University of Málaga, Spain 1. Introduction Pre-trial detention is generally admitted the most serious precautionary measure a jurisdiction can adopt to ensure an effective prosecution of crimes, as far as it entails deprivation of liberty for the suspect. Accordingly, circumstances and conditions which must be present to make it possible that judicial decision making, as well as the regime and rights applicable to arrested persons and remand prisoners, become very good indicators of the rigorousness of the corresponding criminal justice system. More than that, it is one of the best guidelines to assess how determined national criminal law is committed to observe the rule of law principles, specifically legal safeguards for suspected offenders. The following pages have three goals: First, it is intended to give an overview of the Spanish regulation of both legally considered pre-trial detention measures, arrest and remand detention. Second, relevant data on the number of arrests http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Crime, Criminal Law and Criminal Justice Brill

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Publisher
Brill
Copyright
© 2010 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9569
eISSN
1571-8174
D.O.I.
10.1163/157181710X12816005399230
Publisher site
See Article on Publisher Site

Abstract

brill.nl/eccl © Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157181710X12816005399230 Pre-trial Detention in Spain José Luis Díez-Ripollés a and Cristina Guerra-Pérez b a) Professor of Criminal Law, Head, Andalusian Institute of Criminology, University of Málaga, Spain b) Deputy Magistrate at the Málaga Provincial Court; Researcher, Andalusian Institute of Criminology, University of Málaga, Spain 1. Introduction Pre-trial detention is generally admitted the most serious precautionary measure a jurisdiction can adopt to ensure an effective prosecution of crimes, as far as it entails deprivation of liberty for the suspect. Accordingly, circumstances and conditions which must be present to make it possible that judicial decision making, as well as the regime and rights applicable to arrested persons and remand prisoners, become very good indicators of the rigorousness of the corresponding criminal justice system. More than that, it is one of the best guidelines to assess how determined national criminal law is committed to observe the rule of law principles, specifically legal safeguards for suspected offenders. The following pages have three goals: First, it is intended to give an overview of the Spanish regulation of both legally considered pre-trial detention measures, arrest and remand detention. Second, relevant data on the number of arrests

Journal

European Journal of Crime, Criminal Law and Criminal JusticeBrill

Published: Jan 1, 2010

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