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Case law

STC 2/2026: Compensation and suspension of imprisonment

Guarantees of criminal proceedings

Constitutional Court · STC 2/2026

Issue examined

The appeal concerns orders issued by the Provincial Court of Malaga and a criminal court of its capital in execution of a sentence.

Summary published by the Constitutional Court

Violation of the right to effective judicial protection in relation to the right to personal freedom: STC 32/2022 (revocation of the suspension of prison sentence, as civil liability has not been satisfied, which does not meet the constitutional requirements of reinforced motivation).

ECLI:ES:TC:2026:2

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.

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