El principio reformatio in peius en el sistema procesal penal ecuatoriano.
Within "The Reformatio In Peius Principle", which we have identified as the negative provision to reform the sentence issued by the Judge a-quo or the resolution of the Ad-quem Court, since we must remember that the right of the person prevails above the legality that a State can have to p...
| Autores: | , |
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2022 |
| País: | Ecuador |
| Institución: | Universidad de Otavalo |
| Repositorio: | Repositorio Universidad de Otavalo |
| Idioma: | español |
| OAI Identifier: | oai:repositorio.uotavalo.edu.ec:52000/808 |
| Acceso en línea: | http://repositorio.uotavalo.edu.ec/handle/52000/808 |
| Access Level: | acceso abierto |
| Palabra clave: | Derecho Penal Garantías Sentencias Jurisprudencia |
| Sumario: | Within "The Reformatio In Peius Principle", which we have identified as the negative provision to reform the sentence issued by the Judge a-quo or the resolution of the Ad-quem Court, since we must remember that the right of the person prevails above the legality that a State can have to persecute certain attitudes contrary to the social order, in which we will analyze the legal nature of the aforementioned principle, as recognized by the Constitution of the Republic of Ecuador (hereinafter CRE), and in Code Comprehensive Criminal Law (hereinafter COIP), within which it will be taken into account that this principle is applied with greater recurrence in the sentences issued by the Constitutional Court, since the sentenced persons are forced to activate the Constitutional route to enforce the rights that assist him and therefore that said principle is declared violated, this leaving aside that this principle, in addition to being contemplated in the CRE, this becomes a principle that must be taken into account by the justice operators, the same that, when circumvented, must be triggered through an Extraordinary Protection Action, before the highest Constitutional control body that Ecuador has. |
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