Desencuentro en la interpretación del derecho a la defensa entre tribunales españoles y TEDH (a propósito de la STEDH de 27 de noviembre de 2012)

Abstract

For the last four years Spain has been denounced by the ECHR for violating the right to due process, in particular, for sentencing in appeal the initially acquitted without public hearing where he can defend himself from the crimes advocated against him. By means of the analysis of the last ruling, together with the previous ones, we shall specify the reasons that the Court of Strasbourg argues in its reasoning concerning the right to defense and thus distinguish between the discordant elements that are in the reasonings of the national and European courts. That analysis is relevant in order to lay the foundations for a forthcoming legislative reform with the intention of achieving an effective compliance of the duties under international law.

Keywords

• principle of publicity (art. 6 echr)
• public hearing on the appeal
• reversal of acquittal
• right to defend oneself within the framework of a contradictory debate