El recurso de apelación dentro sistema judicial penal ecuatoriano : su debida aplicación y sustentación de forma escrita.

Abstract

In the professional field and in the practice of law, knowing the claims of the counterparty in the case, is something that all lawyers must prioritize their allegation, since it is through this evidence that the veracity of the claims can be demonstrated or disproved. Currently, the appeal resource does not allow to know what the points disputed are until the hearing, causing a disadvantage for the other lawyer, because in the same time in which he is hearing the allegations, he also needs to prepare it owns allegations. The objective of this research has been to propose a reform in Article 654 of the Codigo Organico Integral Penal (COIP) in which it is established that before the hearing takes place, those who request the appeal, not only can make it verbally, but also have to submit it in writing, detailing the disputed points. With this change, the lawyers will have full knowledge of what is going to be done in the hearing, ensuring that they attend in equal conditions as contemplated by the principle of equality, the right to effective judicial protection and due process.