STC 21/2026: Judicial control of detention

Constitutional Court · STC 21/2026

Issue examined

The appeal concerns the order of a court of first instance and investigation in Leganes which refused to initiate a habeas corpus procedure.

Summary published by the Constitutional Court

Violation of the right to personal liberty: denial, on grounds of substance and without preserving the guarantee of direct examination of the evidence by the trial court, of judicial control of a deprivation of liberty through the habeas corpus procedure (STC 103/2022).

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.