¿IT IS POSSIBLE TO CLAIM AN INDEMNITY FOR THE
TIME SERVED IN PREVENTIVE PRISON IF THERE IS NO SENTENCE
¿It is possible to claim an indemnity for the time served in preventive prison if there is no sentence after?
The Supreme Court has established that any person who has been in undue preventive
prison, i.e. who has obtained the absolution or the definitive file of the procedure has
been agreed, has the right to receive compensation for the damages caused.
What is the procedure to be taken?
With this, and within a period of one year from the resolution that ends the procedure, a
claim for abnormal functioning of the Administration of Justice can be filed before the
Ministry of Justice for these facts.
How much can I claim?
As for the amount of compensation, there is no established amount, and each specific
case must be studied and based on the time of deprivation of freedom and the personal
and family consequences that have occurred.
How is it calculated?
For its calculation, the moral damage it entails is taken into account, taking into account
the social loss of prestige and the rupture with the environment that the prison entails, in
addition to the anguish, anxiety, fear and other psychological damages that it may entail
It is clear that the compensation should be greater the longer the time that the undue
deprivation of freedom lasted, and should be done at an increasing and progressive rate,
since the passage of time gradually aggravates the damage suffered.
Finally but not least, loss of earnings must also be considered. That is, the income that
the person had and has ceased to receive during that time, having special interest if the
person who suffers the undue prison sentence had dependents outside of prison (minor
children, disabled, …).