Home | About Us | Advanced search | Link Versione Italiana  English version  France version


European Observer on fundamental right's respect

  Advanced search

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

Text download Spanish