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NEED OF A CONTROL MECHANISM ON THE FULFILLMENT OF GRIEFS NOT PRIVATIVE OF FREEDOM IN ST. DOMINGO

Abstract:

The custodial sentence consists of depriving the sentenced individual of freedom of transit. The Organic Comprehensive Criminal Code of Ecuador provides that there must be at least one court of penitentiary guarantees in places where there are centers of deprivation of liberty. This research is carried out in the city of Santo Domingo, where the lack of a control body for non-custodial sentences is identified as a problem. That is why the objective is to analyze the feasibility of a control mechanism to which competence is attributed so that it exercises control over those sentenced with non-custodial sentences in the city of Santo Domingo. Different qualitative methods were used and the research is exploratory, the hermeneutic method, the logical history, scientific observation, as well as complementary techniques such as documentary analysis were used. It is concluded that 60% of the number of cases analyzed where non-custodial sentences have been granted have not complied with non-custodial sentences for not having a control system. Likewise, there is evidence of the need to create a body that monitors compliance with non-custodial sentences through execution judges in charge of controlling compliance with the sentences granted by judges to defendants, as they function in other countries.