Análisis del artículo 57 del COIP y el impacto de la reincidencia en el sistema carcelario en el Ecuador.

Abstract

Recidivism is known as criminal repetition by a subject who has already received a guilty verdict, in Ecuadorian Criminal Law, it is the repetition of an individual's conduct, which aggravates a previous penalty whenever there is a sentence of the previous crime committed. Therefore, it is punished with the purpose of dissuading the person who commits the crime from not committing a criminal act again. With the promulgation of the Integral Organic Criminal Code in 2014, article 57 enters into force, which changes the focus of generic recidivism in favor of specific recidivism. This change had as its main objective, the decongesting of criminal cases in order to avoid applying a penalty disproportionately against those subjects who commit a less serious crime as opposed to those subjects whose crimes are multiple and are part of criminal associations; however, under the protection of new constitutional principles of a system that guarantees rights that promotes the least application of the penalty in the solution of social conflicts, now there are more crimes committed by the same subjects in different events; leaving the authority unable to act to punish the multiplicity of crimes committed with the figure of recidivism. This situation has led to a crisis in the prison system in Ecuador, to the point that many governments, including the former President Lenín Moreno's government, who on several occasions declared a state of exception in the social rehabilitation system, a system that is overwhelmed by the enormous problems that the inability to rehabilitate people deprived of liberty entails.