Análisis del principio "non reformatio in peius"

Abstract

The present analysis aims to identify within the Ecuadorian legal system the axiom, "Non reformatio in peius" as a constitutional principle that protects the person prosecuted at the time of appealing the judicial decision. In addition, identify its relationship with other constitutional principles inherent to the criminal process. The objective of this is to ensure that the rights of the accused are respected throughout the entire process, so that their legal situation does not deteriorate as a result of having requested a review of their conviction. For this reason, this research analyzes the development made by the Código Orgánico Integral Penal and the Constitution; and its contradiction since the criminal norm limits the exercise of this constitutional guarantee. It is to be effective only when the appellant is the prosecuted person, thus affecting the future by having the possibility that another appeal process will worsen their legal situation.