Infringement of the right to liberty due to non-compliance with the victim's full reparation in the conditional suspension of the sentence, in the canton of El Carmen, Ecuador

Abstract

The work addresses the problems associated with the increase in cases of non-compliance with the conditions established in the conditional suspension of the sentence, one of the alternative mechanisms provided by the Comprehensive Organic Penal Code. The research was carried out in El Carmen, Manabí, in the period 2020-2021 and its purpose was to analyze the cases of violation of the right to freedom that occur in cases of non-compliance with the comprehensive reparation of the victim in the conditional suspension of the sentence. The research was applied and descriptive in scope. A qualitative and quantitative modality was used. The sample consisted of 85 cases out of a population of 109 in the canton. The techniques used were documentary analysis that used as an instrument a review form applied to the chronological case entry book and an interview with 15 law professionals. It was found that 92.65% of the cases with conditional suspension of sentence were revoked by numeral 7 of the COIP. The trend of revocation had a significant growth in the third quarter of the year and with this increase grew the transgression of principles, rights and basic guarantees of the applicant. It could be concluded that the treatment of this legal problem is urgent in order to remedy the violation of the constitutional rights of the sentenced person, and in itself the protection of the Constitution of the Republic of Ecuador and what it establishes for the healthy coexistence, social order and good living.