The appeal in traffic violations, and the effectiveness in sentences of less than 15 days

Abstract

The appeal in traffic violations can be controversial, within convictions with custodial sentences of less than 15 days; since it becomes difficult to determine if this resource can be corrected in less time than the one that corresponds to the sentence and if not, it could not be considered that it has an effectiveness in itself, since the object of this resource is to be able to release the defendant of having to spend time in prison. In this article, what is expected is to be able to determine if there are ways through the judicial party, so that the appeal takes effect on the deprivation of liberty of the accused, in the case of being accepted or that other mechanisms could be implemented, to that the person convicted of an alleged infraction can defend himself and not serve an imposed sentence when it is considered that a substitute measure such as community work or ordinary justice can be implemented. A doctrinal and jurisprudential analysis is carried out on how traffic appeals should be processed, especially in violations with a custodial sentence to prevent innocent people from being deprived of their liberty and guilty people from being able to evade judicial provisions. through mechanisms that are used daily.