La casación penal ecuatoriana y la nulidad de la sentencia por falta de motivación

Abstract

Our theme of research entitled it Cassation criminal Ecuadorian and the nullity of it sentence by lack of motivation, has importance within it theory general of them resources, the expansion of the knowledge in right procedural makes indispensable that take in consideration to the Cassation as a resource extraordinary, that works as tool of control against them performances of them judges in it takes of decisions judicial, and also the way of ensuring the due process. Those processes include certain purposes that are of sum importance as guarantees basic and constitutional for the exercise of the jurisdiction of them judges and the application of them precepts that are established in the law and the Constitution relating to them resources procedural. The Cassation proceeds against decisions which in this case are translated into judgments of binding and non-binding, taking into account the different aspects in the contested judgment and thus control the application of the precepts established in the current regulations. Key words: Criminal appeals, lack of motivation, due process, and sentence