Abstract

GUILLEN PEREZ, Valentín. Critical Analysis of STC 172/2020 (Plenary) Regarding Constitutionality from the Article 20.2b of the Citizen Security Law. Cuest. Const. [online]. 2023, n.48, pp.219-249.  Epub Jan 12, 2024. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2023.48.18041.

The judgment of the Constitutional Court 172/2020, of November 19, has recently and definitively resolved the unconstitutionality appeal 2896/2015, filed against ex art. 20.2 of the Law of Citizen Se curity. Its wording conforms to the constitutional framework, since, as argued therein, it does not violate the right to bodily privacy of art. 18.1 of the Spanish Constitution. In light of this judgment, a meticulous study has been carried out on the most relevant aspects of this figure of body prospection that we have called "partial nakedness", which is framed in section "b" ex art. 20.2, and which defines it in its literal wording as: "exposing parts of the body normally covered by clothing".

Keywords : Tribunal Constitucional; seminude; frisking; total undressing; external surface frisk; right to body privacy.