The principle of double compliance and its application in Ecuadorian legislation: an updated perspective.

  • Javier Darío Bósquez Remache Universidad Regional Autónoma de los Andes
  • Salomón Alejandro Montecé Giler Universidad Regional Autónoma de los Andes
  • Edgar Andrés Báez Zambrano Universidad Regional Autónoma de los Andes
Keywords: cassation appeal, sentence, legal criteria, right to double conforming

Abstract

Ecuadorian criminal law establishes various kinds of resources, the main ones being appeals and cassation; however, in judgment No. 1965-18-EP/21, the Constitutional Court ordered the creation of a specific resource to guarantee the principle of double compliance. The objective of the investigation was to analyze the legal criteria exposed by the Constitutional Court of Ecuador in the aforementioned sentence, which addresses the right to double compliance. A qualitative methodology was used with theoretical methods such as analytical-synthetic and historical-logical. At an empirical level, the functional method and documentary analysis were applied, in addition to conducting interviews with two judges and two practicing lawyers with knowledge in the matter.

Published
2023-09-01