Importancia del desarrollo normativo sobre la garantía del doble conforme en la legislación penal ecuatoriana.

Abstract

The right to appeal through double conformity is one of those guarantees that recently have sparked a significant debate regarding the respect for the rights of the accused in relation to the punitive actions of the State. Its treatment in international jurisprudence, along with its recognition in international treaties and the ratification by subscribing States, has compelled these States to adjust their domestic regulations in order to fulfill the right to appeal in its broadest spectrum, ensuring the accused citizen's right to double conformity However, double conformity poses challenges concerning the nature of the appeal process, particularly in the context of cassation appeals, as the possibility of raising an appeal allowing for a comprehensive review of the sentece distorts the purpose of the cassation court in criminal matters. Currently, the configuration of our criminal procedural system inevitably raises questions about the conception of the right to appeal and the challenges associated with its application.