The doctrine «Parot» gives our Supreme Court and the retroactivity and irretroactivity of the procedure and the sentence to the spanish state for the European Court of Human Rights in the judgment gives 12-7-2012

Abstract

The Supreme Spanish Court in the S.197/2006 of February 28 establishes the doctrine «Parot» applying the penitentiary in force legislation – more restrictive than the previous one in certain suppositions – to the existing penitentiary benefit at the time of reduction of a maximum exclusive sentence of freedom that a reprobate can fulfill by means of the work of the convict in prison case of multiple sentence for different facts in different judgments. The restriction doesn´t do to itself of direct form on a concrete sentence exclusive maxim of freedom that can be imposed in the judgment under the protection of the art. 70 and 100 CP and 988 LECRIM but also indirect form on having applied the penitentiary in force legislation on that penitentiary benefit of individual and successive form on each of the particular sentences. I do not relieve that the doctrine of the TS is and application or retroactive unfavorable interpretation to the convict of the in force CP. But the penitentiary law affects on a penitentiary benefit established in the previous one which is the reduction of the time of fulfilment of the sentence to the prisoners for the work realized in prison while the fulfil the sentence –in our case– in different processes and judgments. As it is this incident it will be able to be or not admissible, constitutional or not according violates or not the principle of legality of the art. 1-1 and 9-3 CE. In this case entilted resource of petition intervened against the Case of the AN of 23-6-2008 – that applies the doctrine Parot of the TS of 2006-and hinge as date of exit of prison of the appellant the year 2017 (the previous Case was fixing it in 2008) and against the decision of the AN they declaring on the resource of petition of 10- 7-2008 that is firm Protection intervenes to the TC that for ATC of 17-2-2009 he declares the inadmissible resource and against this one the appellant requests guardianship of the ECHR for demand in the resource 42750/09. The Judgment of 12-7-2012 ECHR condemns to the Spanish State by the application of the doctrine Parot (to what they establish his pronouncements) but this judgment is not firm and that decision is pending further justifies this work.