Abstract

MUNOA VIDAL, Tania. The correlation between imputation and sentence, its approach from the analysis of two procedural models. Revista San Gregorio [online]. 2021, vol.1, n.45, pp.73-85. ISSN 2528-7907.  https://doi.org/10.36097/rsan.v0i45.1458.

The debate on the correlation between the accusation and the sentence, within the Procedural Law, is a controversial issue since there are various nuances that compromise fundamental principles. Hence the importance of its delimitation based on the rule of congruence between the terms of the accusation, carried out by an official body, head of the criminal action and the pronouncements that are issued by resolution of the impartial judging body. The purpose of this research is to carry out a dogmatic analysis on the correlation between the accusation and the sentence, as well as its assessment from the criminal procedural models of the Republic of Cuba and the Republic of Ecuador. The object of study is documentary, and the analytical and synthetic methods used, which allowed a comparative legal doctrinal and normative analysis. The results show the transcendental consequences of the guarantee of the right to defense, which allowed to conclude on the delimitation of the object of the process and the permissible possibilities in terms of its modification during the procedural path, conditioned in each model according to the procedural norm together with the called correlation that comes as a procedural principle.

Keywords : Congruence; correlation; accusation; sentence; right to defense.

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