La privación penal de libertad en la Constitución de 1812. La cárcel en los debates y en la norma fundamental de Cádiz

Abstract

The labors of the Cadiz Courts are presented, which led to the approval of the Constitution at a particularly meaningful time during the transition from the Ancien Regime to the organization of the liberal State, but also at a key time from a criminal and penitentiary-related perspective. Prison has a long history, but criminal deprivation of liberty stimulated enormous interest at the Cadiz conclave throughout a period of history in which the value attached to liberty was on the rise. Thus, the treatment of criminal deprivation of liberty is approached in the preparations for the Cadiz Courts, in the parliamentary debates that took place and through its regulation in the previously approved constitutional text. A description of the actual conditions in prisons at that time is also noted as well as some milestones in prison life that followed the Constitution of 1812.