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Case law

STC 85/2024: Hearing in habeas corpus

Guarantees of criminal proceedings

Constitutional Court · STC 85/2024

Issue examined

The appeal refers to the order denying his application for habeas corpus issued by an investigating court in Madrid.

Summary published by the Constitutional Court

Violation of the right to personal liberty (judicial control of detention): wrongful refusal of a request by habeas corpus issued on grounds of substance without hearing of the applicant (STC 73/2021).

ECLI:ES:TC:2024:85

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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