La inaplicabilidad del beneficio de cesación condicionada de ejecución de la pena de prisión en procedimiento abreviado y las reglas constitucionales de penas alternativas y de libertad condicionada.
The present research project has as object of study, to carry out a legal and field investigation on the criteria of the "inapplicability of the benefit of conditional cessation of execution of the prison sentence in abbreviated procedure and the constitutional rules of alternative sentences an...
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| 格式: | bachelorThesis |
| 語言: | spa |
| 出版: |
2023
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| 主題: | |
| 在線閱讀: | https://dspace.ueb.edu.ec/handle/123456789/5117 |
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添加標簽 | 總結: | The present research project has as object of study, to carry out a legal and field investigation on the criteria of the "inapplicability of the benefit of conditional cessation of execution of the prison sentence in abbreviated procedure and the constitutional rules of alternative sentences and conditional release”, in the Criminal Judicial Unit based in the Guaranda canton, Bolívar Province, within the last two years. To achieve this objective, the deductive method of investigation was used, which allows starting from the constitutional and jurisdictional considerations that correspond to a particular legal analysis of the criteria applied in the establishment of the constitutional rules of alternative sentences and conditional freedom, for that The research had a qualitative and bibliographical approach for the development of the theoretical framework and, we worked with a population and sample that met the inclusion criteria and direct and indirect beneficiaries. As a result of the investigation, valid criteria are disclosed that make possible the application of the benefit of availing of the abbreviated procedure and the conditional suspension of the custodial sentence under the constitutional principles and rights of applying alternative sentences to prison sentences; constitutional mandates that prevail over any legal regulation and decision of the state power; being an urgent need for the legislator to review the current legal regulations and adapt to the constitutional norm in the face of the objective of reducing the custodial use of liberty and insofar as it improves the resocialization of the convicted person and decreases their recidivism. Keywords: Conditional suspension of the sentence, abbreviated procedure, alternative sentences. |
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