Right to appeal in the scope of the order of summons to trial in Ecuadorian criminal law

Abstract

Introduction: This article analyzes the legal problems related to the prohibition of appealing the writ of summons to trial within the Ecuadorian criminal process, in the light of the constitutional right to appeal, it is studied how this restriction affects fundamental principles such as due process, technical defense, legal certainty and equality of the procedural parties. Objectives: Its objective is not only to demonstrate the impact on the right to appeal, but also to provoke a critical reflection on the importance of a legal reform that allows correcting this omission, an equitable and guaranteed criminal system cannot tolerate limitations that reduce the tools of procedural control or that promote inequitable justice. Methodology: The research was developed through a qualitative approach, using dogmatic-legal, analytical, and deductive methods, based on the study of constitutional norms, doctrine, national and international jurisprudence, and current Ecuadorian criminal legislation. Results: As a result, it was identified that the incontestability of the order of summons to trial generates an unjustified procedural asymmetry, by granting the Prosecutor's Office the possibility of appealing the order of dismissal, but denying that same power to the accused, in addition, it was evident that the lack of review of this resolution compromises effective judicial control and can lead to unjustified oral trials. Conclusions: It is concluded that this limitation violates the right to appeal enshrined in the Constitution and that it is necessary to reform Article 653 of the COIP, to guarantee a more equitable criminal justice, guaranteeing and in accordance with the principles of the constitutional State of rights and justice. General Area of Study: Law. Specific area of study: Procedural Law. Type of study: Systematic literature review.