Abstract

PACHECO-REYES, RONALD. The Caselaw on State Liability for Pretrial Detention in Spain and Colombia: Toward Problematic Extremes?. Rev. Derecho Estado [online]. 2022, n.51, pp.313-358.  Epub June 06, 2022. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n51.10.

Claims for compensation for those who have suffered legally ordered pretrial detention and are subsequently acquitted, including the presumption of innocence among the reasons for acquittal, have generated recent judicial decisions in Spain and Colombia with opposing effects. In the first country, as a consequence of Sentence STC 85/2019, there has been a tendency for compensation, described by some, as automatic. In the second country, on the contrary, after the SU 46947 of 2018, the tendency to compensation in these cases seems to be reduced. The truth is that both extremes can generate problems. On the one hand, automation may lead to a lessening of the relevance of the general theory of liability and, on the other hand, restriction may lead to the non-compensation of unfair damage cases.

Keywords : State liability; pretrial detention; judicial error; presumption of innocence; comparative law.

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