La vulneración del derecho a la defensa por la inapelabilidad del auto de llamamiento a juicio en el proceso penal: Análisis jurídico en la ciudad de Cuenca, mayo 2024-mayo 2025

Abstract

The non-appealability of the Order Committing a Case to Trial established in Ecuadorian criminal law constitutes an issue that warrants examination in light of the constitutional provisions governing criminal proceedings. Consequently, the general objective of this study was to analyze the impact of the inability to appeal the Order Committing a Case to Trial, as provided for in Article 608 of the Comprehensive Organic Criminal Code of Ecuador (COIP, by its Spanish acronym), on the right to a defense and the principle of double review within criminal proceedings, through a legal analysis of the orders committing cases to trial issued in the city of Cuenca between May 2024 and May 2025. The methodology used to achieve this objective involved the implementation of a qualitative research approach, through the compilation of legal doctrine, case law, regulations, and the study of orders committing cases to trial. The results of this research indicate that allowing appeals from the Order Committing a Case to Trial is not a measure intended to delay criminal proceedings, but rather a tool designed to strengthen effective judicial protection, optimize the rationality of the system, in order to ensure that access to the trial stage is based on decisions that are duly reasoned, consistent, and subject to review, in accordance with the constitutional principles governing criminal proceedings within the Ecuadorian legal system.