Jurisprudencia y Ciencias Sociales

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    Análisis del régimen semiabierto en delitos contra la eficiencia de la administración pública y la sobrepoblación carcelaria en el Ecuador
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Altamirano Espín, Sebastián Alejandro; León Trujillo, Edison Santiago
    The purpose of this research is to analyze the impact of the Semi-Open Regime on crimes against the efficiency of the Public Administration and prison overcrowding in Ecuador. This is in relation to the modification established by the Organic Law Reforming the Organic Integral Penal Code, which prevents crimes such as embezzlement, extortion, bribery, and illicit enrichment from accessing the SemiOpen Regime. The study includes an examination of the Semi-Open Regime and its regulation in Ecuadorian criminal law. Additionally, it analyzes the elements that involve the commission of each of the aforementioned crimes, as well as the issue of prison overcrowding in Ecuador. The analysis is supported by statistical data relating to corruption crimes and the current number of incarcerated individuals, along with a comparative analysis of embezzlement and bribery between Spanish and Ecuadorian legislation. The conceptualization was carried out under the modality of bibliographic documentary research, with the help of the social and comparative historical method and the use of the qualitative method through the application of interviews with judges and prosecutors. The results show that crimes against the efficiency of public administration do influence prison overcrowding, thus showing that not allowing access to this penitentiary benefit for these types of crimes generates a problem for the prison system in Ecuador.