Cambios jurisprudenciales y retroactividad desfavorable (a propósito de la STEDH Del Río Prada c. España)

Abstract

This article analyses the problems which presented the jurisprudential changes unfavorable to the accused. To this end, we study the “Parot doctrine” which has led to the condemnation of Spain by the European Court of Human Rights (SECHR Del Rio Prada against Spain, 2012).The paper defends the constitutional illegitimacy of the retroactive application of jurisprudential changes unfavorable to the accused as being contrary to the principle of legality in the material sense.