In several previous articles, we reported on the change in the Supreme Court’s stance regarding the right of those who have been held in pretrial detention to be compensated in cases where they are found not guilty or where the case is dismissed.

Right to Compensation for Pretrial Detention

As we previously noted, in contrast to the previous legal standard, the Supreme Court has now established the right to compensation, and the Constitutional Court has subsequently upheld the validity of this precedent. Consequently, as we warned, this would lead to a significant number of claims.

Now, according to reports, the Judicial Administration is anticipating a flood of claims and is therefore establishing criteria to handle as many claims as are expected to be filed.

Cases in Which You Can File a Claim

First, it is important to note that the Constitutional Court’s ruling itself specifies who is eligible to file a claim: those facing administrative or criminal proceedings that have not yet become final, as well as those falling under the new categories.

The legal framework that protects this right is based on the fundamental principle of the presumption of innocence. The deprivation of liberty during criminal proceedings, when the case concludes with a finding of innocence or dismissal, must be remedied, as it constitutes a violation of fundamental rights.

The recognition of this right, following the Constitutional Court’s endorsement, has established a legal precedent, paving the way for a new avenue of recourse for those affected. Access to this compensation is not automatic; rather, it requires a well-founded administrative process and, if necessary, a subsequent administrative appeal.

Administrative Appeal

Second, in the administrative process, it is important to remember that any claim for damages must first be filed through this channel. In such appeals, the government will require proof of actual damages, which will be evaluated on a case-by-case basis.

During this phase, it will be essential to provide evidence not only of the length of time spent in custody but also of the personal, family, employment, or financial repercussions suffered as a result of pretrial detention. The more thoroughly documented the claim is, the greater the likelihood of obtaining adequate compensation.

It should be noted that, in this process, the Administration is opting for an objective assessment, avoiding consideration of the personal or financial circumstances of the affected party. This means that, initially, factors such as previous income level, emotional distress, or reputational damage will not be taken into account.

How Compensation Is Calculated

Third, and in the event that the State Administration determines that the claimant is entitled to compensation, the factors established by the Constitutional Court’s ruling shall apply: the Minimum Wage, the Public Multiple-Effect Income Index, and the compensation scales provided for in cases of traffic accidents.

According to initial studies and simulations, applying these three factors could result in an average of between 17 and 52 euros per day. However, this figure is merely indicative and in no way reflects the specific circumstances that may arise in each individual case.

The approach adopted by the Administration seeks to make the assessment as objective as possible, with the aim of standardizing compensation and reducing the scope for discretion. This also reflects a desire to control the budgetary impact of a foreseeable flood of applications.

Limitations and Restrictive Criteria

What is clear is that the government will not get involved in subjective situations, nor will it debate the extent of the harm suffered; rather, it has made the process as objective as possible in order to reduce the cost of compensation.

This significantly limits the ability to assess factors such as personal suffering, the impact on mental health, job loss, or the effects on family life. This opens the door for many claimants, dissatisfied with the compensation offered, to choose to pursue legal action.

Legal Appeal in the Event of a Disagreement

After exhausting all administrative remedies, individuals who are not satisfied with the compensation offer must seek judicial relief by filing the appropriate administrative appeal. In this context, each case will be evaluated individually by a judge, who may assess the actual damages suffered.

Legal intervention opens up the possibility of presenting more specific evidence: medical reports, witness testimony, psychological evaluations, or documentation proving occupational or social harm. This is where a specialized attorney can make a fundamental difference in the outcome of the case.

In addition, in court proceedings, the courts must also take into account the general principles of full compensation for damages and proportionality. Therefore, judges have the discretion to exceed the financial limits set by the government, awarding compensation that more accurately reflects the circumstances of each affected individual.

Cases Excluded from Compensation

Finally, it should not be forgotten that the government may, in cases where a person is incarcerated for other reasons, offset the time served. Furthermore, this benefit and the right to compensation for damages may not apply to those who have been held in pretrial detention as a result of their defiance of court orders.

Therefore, individuals who have contributed to their own pretrial detention—for example, by refusing to appear in court, fleeing, or obstructing the judicial process—will be excluded from the scope of these compensation payments.

It is essential to analyze each specific case in detail, as there are many legal nuances that can determine whether or not the right to compensation is recognized. The involvement of a specialized attorney is key in this regard.

Carlos Baño's Opinion

A right that requires specialized legal representation

Based on our extensive experience as lawyers specializing in criminal law and in claims against the government, we have seen how victims of unjust pretrial detention have suffered personal and financial harm on a massive scale.

While it is positive that the Supreme Court and the Constitutional Court have established a body of case law recognizing the right to compensation, it is no less true that the process for asserting this right is complex and fraught with bureaucratic obstacles.

At our firm, we emphasize that it is essential to seek specialized legal advice from the very beginning of the proceedings. The administrative phase should not be viewed as a mere formality: it is the first opportunity to properly document the damages suffered and lay the groundwork for a solid claim.

In the legal system, strategy and the quality of the evidence presented make all the difference. Each case must be handled with rigor and attention to detail, avoiding generic approaches. Personal, medical, employment, and family evidence are essential to convincing the court of the true extent of the harm.

In Carlos Baño Law Firm We have extensive experience in this type of proceeding and in administrative litigation. On numerous occasions, we have successfully secured compensation for our clients that is significantly higher than what was initially offered by the government.

If you or a family member finds yourself in this situation, we invite you to consult with us. We will help you realistically assess the prospects of your case and develop the best strategy to obtain the compensation to which you are legally entitled. Please don’t hesitate to contact us: our experience could make all the difference. You can also reach us at Google Maps.