Constitutional Court: Compensation in the event of acquittal or dismissal of a person in pretrial detention. Art. 294.1 LOPJ

The Constitutional Court has upheld by majority the internal question of unconstitutionality regarding sections of Art. 294.1 LOPJ, incorporating the doctrine established by the European Court of Human Rights and previous rulings of the Constitutional Court itself.

The final wording of Art. 294.1 LOPJ is as follows:

“Those who, after having been held in pretrial detention, are acquitted or have had a dismissal order issued, shall be entitled to compensation, provided that damages have been incurred.”

Considering that pretrial detention always entails damages, it could be argued that in the event of acquittal or dismissal, the right to compensation should always apply.

Notwithstanding the above, the Constitutional Court notes:

“the requirements and scope of the compensation provided for in Art. 294.1 LOPJ must be defined through potential legislative intervention and, in its absence, through interpretations consistent with its purpose and the general theory of civil liability carried out by the Administration and, ultimately, the judicial bodies.”

 “the doctrine of this ruling not only respects the broad margins of legislative configuration or judicial interpretation regarding the amount of compensation, but also does not prevent the rejection of the right to compensation in a specific case by virtue of the application of criteria inherent to general tort law.”

This declaration of unconstitutionality is only effective in relation to new cases or administrative and judicial proceedings where a final resolution has not yet been reached; therefore, “it does not allow for the review of closed cases or the reopening of deadlines for filing compensation claims.”

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