EL DERECHO AL SUFRAGIO PASIVO DE PRESOS PREVENTIVOS.

Should provisional prisoners be allowed to stand for election? In the wake of recent experiences in the Spanish political scene, this paper attempts to answer this question. The answer is organized in three parts: firstly, an approach is made to the conceptual distinction between ownership and exercise of the right to passive suffrage; secondly, an analysis is made of how the restriction of the status libertatis affects political rights; and, thirdly, the paper descends to the casuistry to observe the behavior of the institutions in the face of requests from provisional prisoners to participate in electoral acts as members of an electoral candidacy. The paper concludes by proposing the regulation of a new cause of ineligibility for provisional prisoners. [ABSTRACT FROM AUTHOR]