El recurso de apelación en materia procesal penal frente a la doble conformidad.

Abstract

The topic related to “The Objection of Appealing in criminal proceedings against the Double Consent in Ecuador” is ruled by the Core Law which the Constitution of Ecuador is; and which main goal is to provide the assurance to people’s rights. This considers national and international mechanisms to be used in order to achieve the proper vision so the Double Consent can be defined through theoretical basis and norms. The setback is presented due to the need to recognize which factors impede the appealing resource as Penal Process subject to fulfill its real processes of revision and control of the legal decisions in Ecuador; the main objective covers the action of founding the regulations from a historical and doctrinal systematization compared to a new way to distinguish and solve the appealing resource in terms of penal and legal processes by the means of an audience. This guarantee is attained for all the process subjects under the Double Consent. The premise covers up diverse norm, theoretical, and interpretation factors which criminally obstruct the Appeal resource to accomplish its real purpose to revise and control first-level decisions. The methodology applied is Theoretical-Juridical, Historical-Juridical; and compared Juridical. Interviews to experts in the area of Double Consent in Ecuadorian legislation were carried out. In conclusion, Basis to improve the founding of Appealing must be considered and these must be compared to the present and future times so an evolution in Law will be met.