Case Law STC 120/2009 (18/05/2009)
Type: Judgment
Authority: National Courts: Supreme Courts (Spain) - Tribunal Constitucional
Date: 05/18/2009
Subject: The Constitutional Court, also applying the Court of Strasbourg’s jurisprudence, has quashed the sentence issued by the Audiencia Provincial on 6 July 2006 against the claimant, because in violation of the rights to the presumption of innocence and to a fair trial, since the evidence presented by the public prosecutor consisted exclusively in a testimony and was lacking in requirements as immediacy, oral character, publicity and adversarial procedure, which are considered to be fundamental characters of a fair trial.
Parties: Abdelilah Aziar
Original language: Spanish
Classification: Justice - Art. 47 Fair trial, public hearing - Art. 48 Presumption of innocence - Rights of defence
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