The constitutional principle of non reformatio in peius in the criminal process in the Ecuadorian context

Abstract

The constitutional principle of non reformatio in peius constitutes a fundamental guarantee of due process in criminal proceedings, as it prevents an individual who files an appeal from being placed in a more unfavorable situation than the one resulting from the decision challenged. In Ecuador, this principle is expressly recognized in Article 76 of the 2008 Constitution and further developed in the Organic Comprehensive Criminal Code (COIP). Its purpose is to protect defendants from judicial decisions that could discourage the exercise of the right to appeal or imply implicit reprisals for doing so. This article examines the legal nature, evolution, and application of the non reformatio in peius principle in the Ecuadorian criminal process, from a normative, doctrinal, and rights-based perspective. The methodology used is qualitative, documentary, and analytical, relying on an exhaustive review of criminal law doctrine, Ecuadorian legislation, and academic studies in the region. It is developed within the framework of the research project of the Law program at the Universidad Estatal del Sur de Manabí entitled “Legal education through radio broadcasting and the internet.”. The findings show that, despite strong normative recognition, tensions persist in its practical application, particularly regarding judicial reasoning, the scope of appellate review, and the limits of the actions of the Office of the Attorney General of the State when it does not file an appeal. It is concluded that a correct understanding of this principle is essential to ensuring a balanced criminal justice system that respects fundamental rights and aligns with the model of a constitutional state of rights and justice.