Pre-trial Detention of the Convicts of the Procés

Abstract

Review of the different judicial decisions adopted during the pre-trial phase in terms of pre-trial detention. Considered the precautionary character of this measure, a special emphasis should be put on the possibility of the violation of some fundamental rights, particularly the right to political participation. There is enough evidence of the commission of crimes and the responsibility of the prosecuted. Assessment of the justification regarding the risk of flight, the risk of destruction of evidences and the risk of reiteration of the criminal acts. A strictly formalist solution is not considered acceptable, due to the decision of the EJC ruling case concerning the immunity of Mr. Junqueras, whose effective implementation requires his release