With this piece of work the writer looks into the currently existing channels in Spanish legal system for the protection of basic rights in Penal Law, with a thorough analysis of the role the Constitutional Court has had, particularly since 2007 amendments. It also looks deeply into the importance of such doctrine for the protection of such relevant rights as Presumption of Innocence, the right to an impartial or fully guaranteed judgement, together with the development of certain diligence which limit basic rights such as communication intervention.