Las políticas del sistema de Rehabilitación social y la reincidencia de las personas privadas de libertad

Abstract

This research paper focuses specifically on analyzing current policies of the Social Rehabilitation System, the purpose of this paper is to analyze the causes and effects that cause the recidivism of people deprived of liberty, based on doctrinaire concepts of authors, jurisprudence and international standards of Human Rights of which Ecuador is a part. It is intended to identify, reaching an analysis of the reasons that have caused serious internal commotion in the Penitentiary System, establishing mechanisms to avoid the violation of constitutional guarantees of the utmost importance and the rights of persons deprived of liberty with a conviction. Currently a controversy has been instituted and continues to generate negative conflicts of competence between the judges of criminal guarantees and judges of penitentiary guarantees, although the competence of each one is typified separately in the reform provisions, article No. 225 and the article No. 230, respectively, established in the Comprehensive Criminal Organic Code; in practice, the same judge that substance, knows and issues the condemnatory sentence is the same one that resolves, knows and issues the termination of the sentence; Therefore by legal mandate there must be an impartial and specialized judge in prison matters, the one who acted on the basis of the area of competence, for not existing the need to raise a draft for reform to the Organic Comprehensive Criminal Code, in the reform provisions , of Article 230 first paragraph; and the creation of the Unit of Penitentiary Guarantees, for the application of their competences that corresponds to both to be watched over the defendant and the victim, as well as to endorse the execution of the process of social rehabilitation, in this way both in adherence to the strict respect to their human rights.