Contenido y alcance del recurso de apelación en el Código Orgánico Integral Penal.

Abstract

The international human rights instruments and the ecuadorian Constitution recognize the right of individuals to appeal judicial decisions or resolutions that may affect their rights and interests. However, the scope of this formulation must be delimited by the legislator in the procedural rules, where the specific remedies that can be brought, the actionable resolutions and the causes that activate this mechanism must be. Under that assumption, the present investigation aimed to analyze the procedural requirements of the appeal provided for in Article 653 of the COIP, to determine its correspondence with that right and the reforms that could be made for a better legal configuration. For the development of the research, a documentary study was carried out with a qualitative approach applied to the sources consulted, complemented with a survey of experts in the field, where it was possible to determine the need to include among the appealable resolutions the order of appeal to trial and the dismissal order in all cases, to protect the rights of the accused and the victim respectively. The result obtained is a systematization of the doctrinal, legal and empirical arguments on which the proposed reform of article 653 of the COIP is based.