El doble conforme injusticia a la víctima o garantía del imputado

Abstract

Abstract: The right to appeal sentences and resolutions is a fundamental right that the parties procedural rights have when they identify that the ruling has been affected by an improper application of the sources of law by the judge. In this context, there are two figures relevant: the double instance and the double conformal, although it is true that they have similarity, their scope is different. The double conformity is considered a guarantee that allows the accused in a criminal process to appeal a conviction handed down against him on appeal as in cassation. The jurisprudence issued by the Inter-American Court of Human Rights has developed its scope and objective in favor of the accused. Ecuador as part of the law international, incorporates into its legal system, however, the Constitutional Court of the Ecuador does not analyze possible violations of the principle of equality, which could leave the victim, the prosecutor's office or the complainant in a situation of defenselessness by not being able to answer this resource, benefiting the accused in the event of receiving an acquittal.