PRESUMPTION OF INNOCENCE AND STATE LIABILITY BY THE PRE-TRIAL DETENTION FOLLOWED BY ACQUITTAL

The financial liability of the State in the administration of justice is regulated in book III, title V, of the Organic law on the judiciary, including the responsibility by the abnormal functioning of the judicial administration, judicial error and, special assumption, the compensation by preventive imprisonment. The introduction of the compensation by preventive imprisonment has caused different judicial pronouncements, both the Spanish courts and the European Court of Human Rights, in order to resolve doubts about the purpose and scope of this title of responsibility. In 2019 the Plenary Session of the Constitutional Court declares unconstitutionality of points "in the absence of the punishable act" and "for this reason" in article 294 of the Organic law on the judiciary, amending the regulation of compensation by preventive imprisonment. This new interpretation was applied for the first time by the Supreme Court in the judgement 1348/2019, of 10 October, resolving the automatic compensation in cases of pre-trial detention followed by acquittal, provided that the existence of damage or injury was demonstrated.