Vulneración del derecho de apelación en las contravenciones de tránsito con penas no privativas de libertad
The right to appeal is a procedural guarantee embodied in the Constitution of the Republic of Ecuador and in various international instruments, although it is not guaranteed in the application of non-custodial sentences for traffic offences. The objective of this study was to determine to what exten...
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| Formato: | bachelorThesis |
| Idioma: | spa |
| Publicado em: |
2023
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| Assuntos: | |
| Acesso em linha: | https://dspace.unl.edu.ec/jspui/handle/123456789/26175 |
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Adicionar Tag | Resumo: | The right to appeal is a procedural guarantee embodied in the Constitution of the Republic of Ecuador and in various international instruments, although it is not guaranteed in the application of non-custodial sentences for traffic offences. The objective of this study was to determine to what extent the infra-constitutional provisions of the Ecuadorian legal system regarding the right to appeal against these types of sentences were respected. Every citizen has the right to be heard by a competent, independent and impartial judge, so that his or her rights are respected in any form of action, fundamentally in matters of criminal law; therefore, it is a basic legal right to appeal the sentence before a higher court, so that, after hearing the appellant, the sentence issued by the judge of first instance can be upheld or overturned, in this way the right of appeal can be made effective. As a result, a violation of the human right to appeal was established, and therefore, of due process, which is a constitutional guarantee, prior to being sentenced in traffic offences where there is no custodial sentence, generating a state of defencelessness and dissatisfaction in the administration of justice. Basically in appeal, a basic principle known as double conformity; because the legislator, when drafting the legal transit provision, did not realise that it is contrary to the Constitution of the Republic. In this thesis, materials and methods were applied which allowed for the development of this study; interviews and surveys were carried out with legal professionals, specifically in the field of traffic and road safety, the results of which were used to propose draft reforms of the Organic Integral Penal Code, allowing for the application of appeals against non-custodial sentences |
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