Sustitución de la pena privativa de libertad por trabajo comunitario en las contravenciones penales.
Community work as a non-custodial sentence is closely linked to the principle of proportionality and exceptionality of the deprivation of liberty, without moving away from the purposes pursued by the penalty in Ecuadorian criminal law, which are: general prevention for the commission of the crime, t...
| Autores: | , |
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2022 |
| País: | Ecuador |
| Institución: | Universidad de Otavalo |
| Repositorio: | Repositorio Universidad de Otavalo |
| Idioma: | español |
| OAI Identifier: | oai:repositorio.uotavalo.edu.ec:52000/869 |
| Acceso en línea: | http://repositorio.uotavalo.edu.ec/handle/52000/869 |
| Access Level: | acceso abierto |
| Palabra clave: | Derecho Penal Proporcionalidad Trabajo comunitario Sanción Penal |
| Sumario: | Community work as a non-custodial sentence is closely linked to the principle of proportionality and exceptionality of the deprivation of liberty, without moving away from the purposes pursued by the penalty in Ecuadorian criminal law, which are: general prevention for the commission of the crime, the progressive reinsertion of the sentenced person through the social rehabilitation system, and the guarantee of reparation to the victim of the infraction. For the criminal offenses established in articles 394, 395 and 396 of the Comprehensive Organic Criminal Code, the Ecuadorian legislator has considered that the behaviors established in these criminal types must be punished with prison sentences of 1 to 30 days, excluding the possibility of imposition of community work as a non-custodial sentence, only for violations of article 393 of the Comprehensive Organic Criminal Code, a custodial sentence or community work can be applied; and, the latter in article 397 of the Comprehensive Criminal Organic Code. Community work offers the possibility that offenders can compensate for the damage caused to citizen security and the injured right without the need to subject the offender to the prison regime of the Centers for Deprivation of Liberty, which today implies a important economic cost for the State, since keeping people in these prisons implies investment in infrastructure and human talent. Ecuador is a territory of peace that seeks the application of resocialization mechanisms for offenders through the peaceful retribution of work towards society, for which community work is presented as the appropriate mechanism to achieve good living, since tries to avoid recidivism in this type of misconduct; Therefore, in the present study, a qualitative and documentary research has been carried out that allows theoretical analysis of the problem generated by the lack of proportionality in the penalties of the criminal offenses determined in articles 394, 395 and 396 of the Comprehensive Criminal Organic Code, by establish custodial sentences and not community work as the ideal penalty for these cases. |
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