Invalidity of the appeal in traffic violations with non-custodial sentences

Abstract

Introduction. In Ecuadorian law, the possibility of appealing judicial decisions in cases of traffic offenses with non-custodial sanctions poses a significant legal dilemma. This limitation could contravene the principle of double compliance enshrined in the Constitution, as well as the provisions of international human rights treaties, such as Article 76, paragraph 7 (m). The right to appeal is an essential procedural safeguard, and its denial in certain cases deserves careful analysis. Objective. The purpose of this study is to analyze the inappropriateness of the appeal in traffic offenses with non-custodial sanctions in the Ecuadorian legal framework. The aim is to evaluate how this restriction affects the procedural rights of citizens and to examine its compatibility with international human rights standards. Methodology. The methodology employed in this study consisted of an exhaustive analysis of relevant Ecuadorian legislation, including the Constitution and international human rights treaties ratified by the country. Relevant jurisprudence was also reviewed and contrasted with the principles established in international instruments. In addition, expert opinions in constitutional and procedural law were examined to enrich the analysis. Results. The review of legislation and jurisprudence revealed that, indeed, in the Ecuadorian legal system, judicial decisions in traffic offenses with non-custodial sanctions are not subject to appeal. This restriction raises questions about the effective protection of citizens' procedural rights, as well as the consistency of the legal system with international human rights standards. Denial of the right to appeal in these cases could constitute a violation of internationally recognized due process rights. Conclusion. The inappropriateness of the appeal in traffic offenses with non-custodial sanctions in Ecuador raises important concerns from a human rights and legal perspective. The denial of this essential procedural right could negatively affect the guarantee of a fair trial and the principle of double jeopardy. It is crucial that the Ecuadorian legal system harmonize its domestic provisions with international standards to ensure the effective protection of the procedural rights of all citizens.