La inadmisibilidad de la apelación al auto de llamamiento a juicio en el proceso penal en el Ecuador y sus efectos en el derecho al debido proceso

Abstract

In Ecuador we are under the disposition of an accusatory criminal system, the set with the constitutional regulations and our comprehensive organic criminal code, both our Magna Carta and our code validate the equality of weapons that both the accused and the victim must have, and it is here in the intermediate stage or in the evaluative and preparatory stage of the trial where the defendant is allowed to incur the resolution where he is called to trial, giving him the right to appeal that the Ecuadorian constitution assists him but that despite there being no clear definition In the comprehensive organic criminal code, this challenge is not allowed and we consider that there is a clear violation of the right to appeal. The present work is considered as a line of Praxis Legal – Procedural research and within the theoretical framework we will expose with greater emphasis the appeal, as well as the order calling for trial, in contrast to unequal treatment of the parties as a result of a regulatory gap contained in the comprehensive organic penal code. Thus, causing damage to the defendant by denying him the challenge of the order calling for trial through the appeal typified in Art. 653 of the comprehensive organic criminal code for not containing in its regulations a permissive appeal to the order calling for trial. trial, so that they decide on their rights respecting due process as stated in literal 1, numeral 7 of art. 76 of the constitution of the Republic of Ecuador.