Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Miranda Sayay, Jhonny RolandoSubject: search.filters.subject.SUSPENCIÓN CONDICIONAL

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    La vulneración de la suspensión condicional de la pena y el procedimiento abreviado
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-09) Miranda Sayay, Jhonny Rolando; Pazmiño Vargas, Klever Alonso
    The implementation of laws is the faculty of the state Ecuadorian, with the purpose of maintaining social control, based on Our Constitution of Ecuador that establishes the principles and rights with respect to the guarantees and freedoms of citizens who must be respected, the National Court of Justice 06-04-2016 issued Resolution No. 002-2016, which is in the RO. 739, which states that within the abbreviated procedure was not susceptible to penitentiary benefit called conditional suspension of the sentence, because they pointed out that there is a double benefit. But we must consider that by submitting to the abbreviated procedure in addition to applying the conditional suspension of the sentence, the state through the prosecution and the judicial function, they would apply principles established in our regulations such as the principles of speed, procedural economy, opportunity and minimum criminal intervention, in addition to decongest the procedural burden of the courts and the saturation of people deprived of liberty within the main centers of Deprivation of Liberty. Application that does not mean to leave in impunity any crime committed by the accused because to access each benefit must meet requirements and conditions established by law, states always tend to humanize the procedures, so that there is a respect for rights and guarantees constitutions in which the parties intervene in a criminal proceeding. Based on these considerations, the present investigation is intended to propose the application of the conditional suspension of the sentence of persons sentenced by abbreviated procedure as long as it complies with the requirements established by law and can apply favorably principles that are recognized in our constitution of Ecuador and other legal bodies in reference to punishable actions.