Right to appeal: guarantee of effective judicial protection and defense in Ecuadorian criminal proceedings

Abstract

The right to appeal is a human right contemplated in international law and expressly enshrined in the Constitution of the Republic of Ecuador. In the criminal field, the need to be able to review the decisions of trial courts or judges through a suitable and effective remedy takes on particular importance due to the sensitivity of the interests involved in the proceedings and the exercise of the ius puniendi. This paper analyzes the normative and jurisprudential development of the right to appeal as a guarantee of effective judicial protection and the right to defense in Ecuadorian criminal proceedings. A qualitative approach was used that strategically combined the methods of documentary review, analysis-synthesis, exegesis, and jurisprudential analysis to conclude, in essence, that the appeals regime of the Comprehensive Organic Criminal Code is broad and consistent with international regulations and jurisprudence, with the appeal being the remedy that adequately contributes to guaranteeing the right to appeal in its two essential dimensions: double admissibility and double conformity.