Sobre el recurso de apelación como medio de impugnación en la legislación penal ecuatoriana

Abstract

In Ecuadorian criminal legislation, the appeal is presented as a means of challenge that guarantees the review of an order, resolution or ruling issued by the competent authority, which by virtue of its powers decides on the legal situation of the alleged offender or on the actions taken throughout the process, however, shortcomings have been found that limit the exercise of the right to appeal through the appeal process set forth in Art. 653 of the “Código Organico Integral Penal” due to the reforms carried out. thus violating the principle of progressivity and non-regressivity of rights as well as the right to appeal, the purpose of this article is to analyze the consequences of the limitation on this means of challenge as well as the transgressions that affect the guarantees and guiding principles of due process in the criminal sphere. through a qualitative research with the use of the documentary review method as well as the exegetical method and the analysis of documents, it is presented the criminal normative context that involves the appeal and that seriously alters the exercise of the rights of the procedural parties immersed in a criminal litigation