Aplicación del Doble Conforme en materia Penal en torno al derecho a Recurrir en Ecuador, en base a la Resolución 04-2022

Abstract

This research work is based on covering the special remedy of double jeopardy and the right to appeal as a guarantee that allows the accused to have a range of different mechanisms, or in this case a remedy that allows the defendant to defend himself in different instances, and the victim a remedy that allows to re-evaluate the evidence, so that the research addresses the criminal procedure law and therefore the due process and effective judicial protection with its guarantees. It is important to emphasize that the analysis of the special remedy of double jeopardy as a new remedy that begins to govern with the provisions of Resolution 04-22 of the Official Registry, seeks to guarantee and comply with the human rights that have been ratified by Ecuador, with the purpose that, under no condition, the accused are left in a state of defenselessness, it should be noted that it is mainly oriented to a person being convicted as guilty in two instances. The research intends to analyze the applicability and publicity of the special remedy of double jeopardy, for which the analysis of what is established by the Inter-American Court of Human Rights, in addition to the American Convention on Human Rights (Pact of San José), the International Covenant on Civil and Political Rights, ICCPR with respect to the right to appeal and what has been outlined by national and international authors on the subject, will also be used as support for the implementation of the objectives set out