Inconstitucionalidad del numeral 9 del artículo 652 del Código Integral Penal en relación al Derecho Constitucional al doble conforme.

Abstract

The present study entitled: Unconstitutionality of number 9 of article 652 of the Comprehensive Organic Criminal Code in relation to the constitutional right of double as its main objective is to analyze the legal effects of article 652, numeral 9 of the Comprehensive Criminal Code in relation to the dismissal of the appeal for lack of foundation that violates the constitutional right to double conformed. To this end, a bibliographic study was carried out that started from the documentary theoretical deepening to inquire about the main study variables examining the right to double conformed and its application as a right protected by the Constitution; Subsequently, the violation of the constitutional right to double agreement was determined in relation to the cases appealed in the Provincial Court of Azuay where article 652 numeral 9 of the COIP is used in the month of June 2021 and, finally, the arguments of unconstitutionality of the numeral 9 of article 652 of the COIP after the review of judgments issued by the Provincial Court of Justice of Azuay. Among the conclusions, it stands out that the positive Ecuadorian legal system does not clarify the extent of the substantiation of the substantial elements within the framework of the importance it has, understanding that it goes beyond a simple motivation, since it consists of a deep and complex development that It implies concatenating the specific objections in the framework of the evidence that demonstrates such facts