Abstract
This paper develops the criteria that are observed in the International Law of Human Rights in relation to the responsibility of the State when a person is subjected to preventive detention, and then the prosecution process determines a dismissal or acquittal in their favor. Thus, according to an adequate understanding of the principle of presumption of innocence, it has been determined that the preventive prisoner, who is later acquitted, is entitled to compensation for the time he was deprived of his liberty. This prevailing criterion in the International Human Rights Systems contradicts the current normative regulation of Costa Rica, which violates the principle of presumption of innocence by distinguishing between an innocence for certainty and for doubt when determining the right to receive compensation. Therefore, through an adequate exercise of conventionality control, Costa Rica must adjust its domestic law to international regulations on this matter.
Keywords: State responsibility, preventive detention, presumption of innocence, International Human Rights Law, conventionality control.