Estudio dogmático y jurídico del recurso de nulidad en el proceso penal ecuatoriano

Abstract

The present research work has been developed with the main objective of evidencing whether it is necessary for the Ecuadorian criminal legislation to institute the appeal for annulment. In the development of the work, a review has been made of the way in which the judges have been applying their power to declare the process void in cases in which there have been effects on the right to defense, and if the exercise of that power has been done in a timely manner. Nullity currently does not exist as a resource in the criminal process developed in the General Organic Code of processes, but the same regulatory body in addition to the Constitution of the Republic have vested the court with the power to correct the defects of the process or declare nullity in any state or stage of the same, but the fact that there is no independent remedy we have concluded that it has been affecting the rights of the defendants, especially when the personal precautionary measure of preventive detention has been imposed against them. The non-existence of the appeal for annulment, prevents the defendant, when evidencing a violation of due process, the right to defense or any of its guarantees, from not being able to demand it at that very moment, but must wait for the development of the different stages of the process. process to be able to pronounce.