Las comisiones parlamentarias de investigación y sus límites, en especial la presunción de inocencia

Abstract

The proper functioning of committees of inquiry is not easy and is fully subject to political logic, as a parliamentary instrument. It sometimes presents conflicting profiles when what is being investigated may be considered as criminal. This has been the case here and, recently, the Constitutional Court has granted protection to a person appearing before it on the grounds that, in parliamentary proceedings, his/her right to the presumption of innocence, in its extra-procedural aspect, had been violated. The most relevant constitutional decisions are analysed in detail, especially the latest ruling of 2023, which changes its rationale in this respect. The aforementioned fundamental right has been constructed by the European Court of Human Rights, from where we have imported it, but it presents some somewhat confusing profilesto, to whose clarification this work also aims to contribute to.

Keywords

• parliamentary committees of inquiry
• right to the presumption of innocence in its extra-procedural aspect
• rights of the persons appearing