Libertad provisional por vencimiento de términos vs recurso de apelación con los términos procesales

Abstract

At the present time, there is a highly controversial issue in criminal law about whether if the procedural terms are interrupted or if they should continue to run in favor of the defendant while the appeal is decided in the second instance. Although the appeal is a right of the defendant when it is granted in the first instance, it is also true that the appeal must be resolved in a prudent time, considered by the law. Under no circumstances should it be a delaying maneuver by the defendant and his defense, and nor should it become a judicial delay that goes against the defendant violating his rights, especially when freedom is one of the most sacred human rights. Hence the need to carry out an objective study on this issue that has taken into account the fundamental guarantees of all defendants and the effectiveness of justice.