El procediment d’habeas corpus. Estudi doctrinal i jurisprudencial
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Habeas corpus is provided for in art.17.4 of the Spanish Constitution which states that “The law shall regulate an habeas corpus procedure to produce the immediate judicial disposition of any person illegally detained”. However, later we will see that simply transferring the detainee to the judge is not enough, his hearing and appearance are necessary so that, in the substantive trial, the legality of the detention can be judged. In Spain, positive law has made a very limited delimitation of this figure, in fact, the concept of habeas corpus has been outlined, essentially, through constitutional jurisprudence. It is for this reason that the present work is not limited to presenting the legal regulation of habeas corpus, but rather carries out a jurisprudential and doctrinal study of this institution. It is mainly through the analysis of judgments that the consolidated constitutional doctrine in relation to the habeas corpus procedure will be determined