Necesidad de regular el recurso de nulidad en el Código Orgánico Integral Penal
Art. 173 of the Constitution of the Republic of Ecuador states that administrative acts of any State authority may be challenged, both administratively and to the corresponding bodies of the judiciary. Thus, the Organic Law on the Judiciary establishes the resources to challenge the appeal, appeal,...
Gorde:
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| Formatua: | bachelorThesis |
| Hizkuntza: | spa |
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2016
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| Gaiak: | |
| Sarrera elektronikoa: | http://dspace.unl.edu.ec/jspui/handle/123456789/9055 |
| Etiketak: |
Etiketa erantsi
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Etiketa erantsi | Gaia: | Art. 173 of the Constitution of the Republic of Ecuador states that administrative acts of any State authority may be challenged, both administratively and to the corresponding bodies of the judiciary. Thus, the Organic Law on the Judiciary establishes the resources to challenge the appeal, appeal, revision and indeed omitted in this legal body, the motion, which is extremely serious, as it can not be denied that both researchers police, and prosecutors and judges, even more Ecuadorians in modern times, may violate the rules of procedure and lead to annulments. Prevent parties to the proceedings attend the Provincial Court, that that's appeals court to make public any violations of the criminal procedural law is a serious blunder. Comprehensive Organic Penal Code empowers the respective judge declared invalid, ex officio or upon request, when there is some cause observare vitiating the procedure from the time the invalidity occurred. And clarifies that only this will lead to declaration of nullity only if the cause that caused it influences the decision process. Apart from that, it is not indicated the procedure for processing a nullity, since in criminal comprehensive legislation there is no appeal for annulment, showing vacuum in terms of the action was brought by the parties, the referral, the filing joint between annulment and appeal and the proceedings of the appeal itself. Not being contemplated, the motion is being violated due process outlined in Art. 76 paragraph 7 letter a) and b) of the Constitution of the Republic of Ecuador, which states that no one shall be deprived of the right to defense in any stage or degree of process, and be heard at the appropriate time and equal conditions |
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