El recurso de casación penal y su pertinencia en la legislación ecuatoriana.

Abstract

The cassation in criminal matters in Ecuador since its origins has undergone a great political and legal transformation. In the present investigation, based on a qualitative analysis, the legislative and jurisprudential reality of the appeal of cassation is examined since the issuance of Resolution No. 10-2015 by the National Court of Justice on July 5, 2015 and published in Official Gazette No. 563 on August 12, 2015. In said resolution it was established that if the written appeal did not comply with the legal requirements set forth in article 657.2 of the Comprehensive Organic Criminal Code (COIP), the co-judges of the Court they would be empowered to deny the written appeal without a hearing on the grounds, returning the criminal proceeding to the court of origin without the appellant enjoying additional appeal. Subsequently, Judgment No. 8-19-IN and accumulated/21, issued by the Constitutional Court of Ecuador (2021), seeking to protect the rights of the litigants, annulled the triple reiteration ruling issued by the National Court. With this action, six years later, it was intended to guarantee the right to effective judicial protection of the appellants by having the possibility of orally supporting the appeal before a specialized and competent appellate court, eliminating the admissibility phase established by a jurisprudential precedent recognized by the National Court. It is concluded that the guarantees recognized today in the sentence issued by the Constitutional Court demonstrate the need for the legislative function to carry out a comprehensive reform of the criminal regulations that regulate the appeal of cassation, in order to protect the rights of the appellants.