Análisis constitucional del recurso de apelación en materia penal en relación a los artículos 277 y 364 del Código Procesal Penal

Abstract

The appeal in criminal matters has been the subject of discussion as to whether it is contrary to the Constitution of the Republic, a discussion which falls mainly on articles 277 and 364 of the Code of Criminal Procedure, and which arises from the processing of criminal procedural reform to the present, since these precepts for part of the national doctrine and jurisprudence violate fundamental rights that are established both in the Constitution and in international treaties that are binding on Chile, a position that has been translated in practice in the deduction of various actions of unapplicability by unconstitutionality in order to declare as inapplicable to a specific case, thus creating a great jurisprudence on this subject, which is not unanimous. And it is for this reason the analysis of whether these articles should ultimately be considered contrary or conforming to the Constitution.