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LEGAL ANALYSIS OF THE CONDITIONAL SUSPENSION OF SENTENCE

Abstract:

The present investigative work frames one the revolutionary and alternative mechanisms that incorporated the Organic Comprehensive Penal Code to substitute with conditions the sentence from imprisonment imposed in a trial hearing within a criminal process, this is the so-called Conditional Suspension about penalty.In the development about the present work, the scientific method is fundamentally used through the types of bibliographic, field and descriptive research.The conditional suspension from sentence is intended to satisfy the victim’s right through adequate reparation.The State in its role of protector fromrights and guarantees about society finds it necessary that in certain cases it is not necessary to subject a person to the penitentiary system, hence, given the importance of this legal mechanism in solving the criminal conflict, its requirements, applicability and legal issues, since the strict formality in the verification fromcompliance with requirements violates the constitutional rights of the sentenced person, such as equality, judicial protection, freedom and due process, because he could not exhaust the mechanisms of challenge to finally request the conditional suspension about sentence.