El derecho a la defensa y el recurso de apelación en las contravenciones de tránsito no privativas de libertad

Abstract

graduation work under the modality of Research Project entitled "THE RIGHT TO DEFENSE AND THE REMEDY OF APPEAL IN TRANSIT INFRINGEMENTS THAT ARE NOT DEPRIVED OF FREEDOM". Its purpose is to protect the legal security of people who guarantee due process in the judicial system and that their right is not violated by the application of the appeal in a sentence determined by a judge at the time of determining their responsibility. The right to defense is a legal instrument used by State institutions and enshrined by the Constitution in all legal proceedings so that it complies with the dissipations of this code without violating the legal security of people within a process that prevails their rights and responsibilities such as the case of drivers who are subject to traffic violations, so they have 3 days to make a challenge for an alleged violation committed and therefore at the time of the hearing request an appeal when it is not fully demonstrate the evidence or evidence that makes it responsible or not at the time the judge determines a sentence against the affected persons, when considering this type of remedy it does not give sufficient legal guarantee and it is there where it makes it impossible for said persons to apply this recourse so you are affected by the loss of points on your driver's license and the mu Economic lta that generates all traffic offenses typified in the Comprehensive Organic Criminal Code, so this reduction would prevent you from having your documents up to date, such as the renewal of your points on the driver's license and the payments that are subject to cancellation due to the fine that generates all custodial or non-freedom violations. We understand by right to defense the right that all people have within a legal process recognized by the Constitution, our Magna Carta which prevails and is permanently above and in the laws of our country. During the development of this project, issues of great importance in the constitutional and criminal area will be discussed, a clear and concrete idea of the constitutional principle such as the right to defense, inherent to every person who has a legal procedure in our country.