Doble conforme. Mecanismos para asegurar su plena observancia en el régimen recursivo mexicano

Abstract

The double judicial conformity has been developed by inter-American jurisprudence as a guarantee that invariably requires that the criminal proceeding culminate with two successive judgments of a condemnatory nature, in the understanding that it also requires to be observed when a conviction is handed down for the first time in second instance, with respect to a defendant originally acquitted, reasons for which there must be an ordinary appeal against said appeal decision. However, in our country, the legislation has not provided an ordinary remedy for this type of case, which means that when an acquittal is revoked, the process ends with a single conviction. For the above reasons, this research work will focus on the need for mechanisms to be established in our legal context to ensure the full validity of this human right.