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The article presents a bibliographic review of the various positions of renowned jurists on the presumption of innocence as a fundamental human right and the establishment of the precautionary measure known as pre-trial detention. First, the legal nature of the presumption of innocence according to various authors and the rulings of the Spanish Constitutional Court ECA is developed. Secondly, it discusses the compatibility between the presumption of innocence and pre-trial detention in the light of the International Covenant on Civil and Political Rights, as well as the American Convention on Human Rights, the French Declaration of Human Rights and the Penitentiary Regulations promulgated by the Royal Decree of 1996.
Finally, the presumption of innocence and guilt is analyzed in the light of the pronouncements of various lawyers and the judgments of the ECA.