El derecho a la presunción de inocencia como regla de tratamiento ad intra o intra processum: especial consideración desde la perspectiva europea

This paper analyzes the content and significance of the presumption of innocence in its aspect as a treatment rule within the criminal process (ad intra or intra processum). This study has two distinct, but closely related parts. The first will try to identify what our current legislation and jurisprudence understand by the aforementioned aspect of fundamental right. The second is dedicated to a reflection on its specific applicability in the different phases of the criminal process and in relation to different types of resolutions that are issued in the investigation and intermediate phases.