Reformas legales al artículo 74 del código orgánico integral penal, relacionado al indulto presidencial, con la finalidad de garantizar los derechos constitucionales de las personas privadas de la libertad, con enfermedades catastróficas
Doctrinally speaking, the pardon is the remission or pardon, total or partial, of the sentences imposed judicially. It is a faculty that the legislations grant, in general, to the Executive or Legislative Power. From the definition itself it follows, first, that the pardon does not affect the existe...
محفوظ في:
| المؤلف الرئيسي: | |
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| التنسيق: | bachelorThesis |
| اللغة: | spa |
| منشور في: |
2018
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| الموضوعات: | |
| الوصول للمادة أونلاين: | http://dspace.unl.edu.ec/jspui/handle/123456789/20915 |
| الوسوم: |
إضافة وسم
لا توجد وسوم, كن أول من يضع وسما على هذه التسجيلة!
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إضافة وسم | الملخص: | Doctrinally speaking, the pardon is the remission or pardon, total or partial, of the sentences imposed judicially. It is a faculty that the legislations grant, in general, to the Executive or Legislative Power. From the definition itself it follows, first, that the pardon does not affect the existence of the crime, but simply the fulfillment of the penalty, contrary to what happens with the amnesty, and that while this may fall on crimes tried, the pardon can only be granted on sentences already pronounced, as for example is the remission or total or partial pardon of the sentence imposed in a conviction, important definition of jurist Cabanellas, by stating that it is simply the forgiveness of punishment, but remains the existence of a crime, for example, the pardon to the denominated "mules" in Ecuador, for being the excessive penalty, which differentiates it from the amnesty that instead is the oblivion of the punishment, but for political crimes. From which it follows that the pardon can only be granted on sentences already pronounced, contrary to the amnesty. The pardon can be defined as a measure of grace that the power grants to those condemned by a final judgment, referring them to any penalty that has been imposed or part of it, commuted to a softer one. Number 18 of Article 147 of the Constitution of the Republic of Ecuador, states that one of the attributions and duties of the President of the Republic, in addition to those determined by law: Pardon, reduce or commute sentences, of according to the law. Article 74 of the Comprehensive Criminal Code establishes that the President of the Republic may grant pardon, commutation or reduction of the sentences imposed in a final judgment. The convicted person who is deprived of liberty and who observes good conduct after the crime will be granted. The request will be addressed to the President of the Republic or to the authority that he / she designates for the purpose, who will evaluate if the request is or not pertinent. If the request is denied, it may be resubmitted if at least one more year has elapsed from the execution of the penalty and if exemplary conduct has been observed. As you can see, the only requirement is the exemplary conduct, I think that it should also be legislated in the criminal law that can be granted a pardon for the fact that the inmate suffers a catastrophic illness such as cancer, kidney failure, diabetes, heart failure and any another that prior to a report by the board of doctors of the Ministry of Public Health qualifies it as such, in order to comply with the provisions of the Constitution of the Republic of Ecuador, as established in Article 50, stating that the State must guarantee to every person suffering from catastrophic or highly complex diseases the right to specialized care in a timely and preferential manner, as we know that in the Social Rehabilitation Centers, there are no specialized doctors in order to address the various chronic diseases of inmates so that they can receive adequate medical treatment and improve their health status, their situation does not get worse every day. Likewise, Article 51 ibid, guarantees to the people deprived of liberty a number of rights among them to receive preferential and specialized treatment for both adults and sick people with disabilities. In the final paragraph of the aforementioned article 74 of the Constitution of the Republic of Ecuador, states that if the request is denied, it may be resubmitted if at least one more year of compliance with the penalty has elapsed and if exemplary conduct has been observed. , but do not establish what are the reasons why you can deny it. I wonder what would happen if in this period of time the person deprived of liberty who requests a pardon, worsens his health?, Reasons are enough to reform this article urgently in order to protect the rights of persons deprived of liberty guaranteed in the Constitution of the Republic of Ecuador. In this sense and with the purpose of carrying out a legal study on the pardon, in virtue of the urgent need to establish a systematization of the pardon for sick people or with catastrophic illnesses or non-terminal stages, especially the so-called "forgiveness" to this type of people in their terrible state, which is in itself the lack of humanity towards the person, taking into account also that our country is a State guaranteeing Human Rights, that is why in the aforementioned Law of Grace of Ecuador must be established this legal figure that guarantees in a correct way the Constitutional principle of Humanity of the Pena, as well as guarantee the fundamental principles of the Human Rights signed in the International Treaties like the one of San Jose of Costa Rica, also that should be incorporated into the Law of Grace, the pardon for people with catastrophic illnesses, this due to their strong suffering, Article 66 of the Constitution, because it is clear about the rights of freedom, is recognized and guaranteed to people " ... cruel, inhuman or degrading treatment and punishment ", undermines the Constitutional principle of Humanity |
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