El alcance de la garantía de prohibición de doble enjuiciamiento en el concurso real de infracciones. Análisis de caso, Sentencia 2254-17-EP/23, Corte Constitucional del Ecuador

Abstract

The principle of the prohibition of double trial, or non bis in idem, establishes that a person cannot be tried twice for the same acts. This principle, recognized in international instruments and in the Constitution of the Republic of Ecuador, is an essential guarantee of due process. This paper analyzes the distinction between this principle and res judicata, focusing on Constitutional Court ruling 2254-17-EP/23, which determined a violation of non bis in idem in a case of embezzlement. The necessary elements for its application are highlighted: identity of subjects, acts, matter, and grounds for prosecution. Additionally, the relationship between the prohibition of double trial and the concurrence of offenses (ideal and real) is examined, according to the provisions of the Penal Code (COIP) and criminal doctrine. A proposal is made for applying concurrence to avoid duplicate proceedings, contradictory decisions, and violations of due process. Furthermore, the importance of concurrence for fully accessing the facts is emphasized, as it allows for a clearer and more coherent understanding of the criminal context, preventing the fragmentation of investigations and ensuring full reparation for the victim. It is concluded that the proper application of concurrence not only optimizes the administration of justice but also serves as a tool to limit the punitive power of the State, strengthening legal certainty and the right to defense.