El recurso de apelación y la suspensión de la sentencia condenatoria en las contravenciones flagantes de tránsito establecidas en el articulo 385 numerales 2 y 3 del COIP

Abstract

Ecuador is a constitutional State of rights and justice, where the criminal justice system has changed since the entry into force of the Organic Code Integral Criminal, finding several innovations, as well as there are several legal loopholes that leave a lot to be desired and for this reason, the study that allows me to carry on the appeal and the incidence that have it in the convictions by committing flagrant contravention of traffic, established in Art.385 paragraphs 2 and 3, recalling that the Constitution of the Republic of Ecuador in its Art. 76 paragraph 7 literal m) it recognizes the right to appeal the judgment or decision in all procedures in which it is decided about their rights, and on the topic at hand it is about the right to freedom of persons who have committed flagrant violations of traffic. The remedy of appeal according to the Organic Code Integral Criminal will proceed in the following steps: 1. of the resolution declaring the exercise prescription of prosecution or punishment. 2. the auto nullity. 3. The auto of discontinuance. 4. Of judgments. 5. of the Resolution that grant or deny pretrial detention provided that such action has been issued during the arraignment or during fiscal instruction, and traffic contraventions for being an expedited procedure in which judgment is given within 24 hours of having committed the contravention. It comes against the judgment rendered for violating which it was established in Art. 385 paragraphs 2 y 3 of the Organic Code Integral Criminal that determines: 2. if the blood level is greater than 0.8 to 1.2 grams, fine of two unified basic salaries shall apply of the general worker, the loss of ten points on your driving license and fifteen days' imprisonment. 3. if the level of alcohol per liter of blood exceeds 1.2 grams, fine of three unified basic salaries shall apply of the general worker, the suspension of driver's license for sixty days and thirty days of imprisonment.