FUNDAMENTAL RIGHTS OF LEGAL PERSONS: ILLEGALITY AND UNCONSTITUTIONALITY IN THE PRE-TRIAL PHASE OF THE HERRIRA CASE’

Authors

  • Lucía Martínez Garay
  • Javier Mira Benavent

Keywords:

Legal persons, precautionary measures, suspension of activities, closure of premises, due process guarantees, criminal guarantees, constitutional guarantees

Abstract

This paper discusses the fundamental rights of legal persons when a criminal proceeding is formally directed against them and they are subject to precautionary measures consisting in the temporary suspension of all associative activities and in the closure of premises. Taking the application of this precautionary measure to Herrira (an association for the defense of ETA’s prisoners) as the main thread, the paper reveals the illegality and unconstitutionality of the decisions taken by the judge, as a result of the violation of certain procedural, criminal and constitutional guarantees.

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Published

2020-05-21

How to Cite

Martínez Garay, L., & Mira Benavent, J. (2020). FUNDAMENTAL RIGHTS OF LEGAL PERSONS: ILLEGALITY AND UNCONSTITUTIONALITY IN THE PRE-TRIAL PHASE OF THE HERRIRA CASE’. Teoría & Derecho. Revista De Pensamiento jurídico, (14), 295–302. Retrieved from https://teoriayderecho.tirant.com/index.php/teoria-y-derecho/article/view/146

Issue

No. 14 (2013): Sobre el concepto de persona

Section

Actuality