STC 16/2026: Motivation of pre-trial detention

Constitutional Court · STC 16/2026

Issue examined

The appeal concerns the orders of the First Section of The Criminal Chamber of the National High Court which agreed to transform their procedural situation from being sentenced to a remand prisoner.

Summary published by the Constitutional Court

Violation of the right to personal liberty: judicial decisions agreeing to pre-trial detention without due cause and based on an interpretation of procedural legislation that does not correspond to the principles of legality and exceptionality of the measure.

The file retains the distinction between violation and alleged violation used by the source. In order to know the judgement, the grounds and the individual votes must be consulted the full resolution.