NOM REFORMATIO IN PEIUS PRINCIPLE: CHALLENGE BY THE VICTIM

Abstract:

The Constitution of Ecuador and the Organic Comprehensive Criminal Code enshrine the nom reformatio in peius principle, in the event that only the defendant in a case challenges the decision of the court, however, it must be considered that they also have the right to challenge through the resources of appeal, cassation or review the victim, the prosecution and the defense. The objective of this article is to determine if the Constitutional Court of Ecuador respects the right of all procedural subjects provided for in the law to challenge the sentence issued by the court a quo, thus safeguarding the rights of the victim enshrined in the Constitution and in the mentioned code. It is in the presence of an investigation of qualitative modality, of a documentary nature where the synthetic analytical method was used, reaching the conclusion that the Constitutional Court of Ecuador violates the right that the victim can exercise through the private accusation his right to challenge as a procedural subject, since he considers that only the prosecutor of the public prosecutor’s office, if there is an increase in the sentence, prevents the principle of nom reformatio in peius from being violated.

Año de publicación:

2022

Keywords:

• PROTECTION
• Victim
• Prosecutor
• Penalty

Fuente:

scopus