Type: Judgment

Authority: National Courts: Supreme Courts (Spain) - Tribunal Constitucional

Date: 12/10/2007

Subject: The absence of any explanation about the iter driving from the evidences to the facts declared by the court as proved represents one of the forms of violation of the right to presumption of innocence. The guilt must be fully proved and that means also exposed or shown. The right to presumption of innocence is violated when a valid convincing evidence of guilt has not been presented, but also when the discourse linking evidences with facts is illogical or insufficient and then not reasonable and, previously, when there is not any motivation of the results of the evaluation of evidences. The consequences of this absence of motivation must be normally the nullification of the conviction (§ 5, a of the judgment).

Original language: Spanish

Classification: Justice - Art. 48 Presumption of innocence

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