Browsing by Author "Cevallos Altamirano, Andrés Sebastián"

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    Fianzas solidarias y rehabilitación social
    (Universidad Técnica de Ambato,Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2022-05) Cevallos Altamirano, Andrés Sebastián; Acosta Morales, María Gabriela
    Bail was never intended, by nature, to be used as a punishment mechanism. Much less, as a privilege to which few have access. This research answers some of the century old questions of criminal law and criminal procedure: Does punishment rehabilitate, is there true social rehabilitation in Ecuador, what would happen in the criminal justice system if bail bonds were used as a mechanism for conditional release, and what would happen in the criminal justice system if bail bonds were used as a mechanism for conditional release? However, there are no empirical studies on the impact of bail bonds in the country, much less on solidarity bonds and therefore their impact on the social rehabilitation of the convicted person. This research will analyze the historical basis of bail, will review comparative criminal law, and will contextualize the current situation regarding the prison crisis and social rehabilitation. For which, the route that guided the research is a positivist paradigm methodology with a quantitative approach. Hence, the provisions contained in the theoretical nuances can be used to improve Ecuador's criminal and criminal procedure legislation. In addition, the research has a high scientific value and a great practical importance, because it makes an approach to a doctrinal and normative proposal in order to have an effective and efficient mechanism of social rehabilitation, therefore, it is inserted a line of research that should be studied, developed and discussed. The limits of the legal-procedural institutions of the Organic Integral Penal Code are evidenced and the knowledge of the investigated topic of free practicing lawyers and judges of criminal guarantees is evidenced.