En qué medida la aplicación del artículo 653 del COIP, incluye a todas las decisiones o resoluciones judiciales que puedan ser objeto de apelación.

Abstract

The purpose of this investigation was to determine to what extent the application of article 653 of the COIP (2018) includes all judicial decisions or resolutions that may be subject to appeal. Among its specific objectives, it examined which are the cases in which the filing of the appeal proceeds, the judicial decisions that would not be included in article 653 of the COIP (2018) that issue to be appealed were established, as well as to what extent it influences in the judicial decision that is not susceptible of being appealed. The design that was used for the preparation of this study was carried out through a documentary and bibliographic study, which had as its guiding principle the figure of the interpretive paradigm, in this way the present study was proposed under a descriptive level to consolidate its development, deductive, inductive, analytical and synthetic methods were necessary, which facilitated the formation of opinions and conclusions. It was concluded that within the judicial decisions that are not included in article 653 of the Comprehensive Organic Criminal Code can be cited in the event that, at the trial preparatory hearing, the judge excludes the practice of illegal means of evidence, it is necessary to note that according to this legal instrument this particular decision is not subject to appeal. The National Court of Justice was recommended to hold talks and talks at the national level in order to inform trial lawyers, prosecutors of the Public Ministry and students in general about the scope of the appeal and what are the decisions that are appealable and which are not.