STC 40/2024: Transfer for alcohol testing

Constitutional Court · STC 40/2024

Issue examined

The appeal concerns decisions of the Supreme Court Criminal Chamber, the Provincial Court of Madrid and a court in that city convicting the appellant of a road-safety offence.

Summary published by the Constitutional Court

Violation of the rights of defence, in relation to the right to personal liberty, and the presumption of innocence: evidence of alcoholism carried out without police detention and in the absence of express legal coverage for the transfer to police premises of those who did not freely consent to such displacement. Individual vote.

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.